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Hidden Disabilities in the Workplace: Navigating Fatigue

It is estimated that in the UK in 2023 some 16 million people were disabled, including 23% of working adults. Of these, 70-80% are estimated to have invisible disabilities, also known as hidden disabilities.

In the past few years, we have seen an increase in recognition and awareness of hidden disabilities. For many employers, this has resulted in changes of policies and training, to assist managers in supporting their employees and identifying reasonable adjustments that may need to be made. Under the Equality Act 2010, employers may be required to make reasonable adjustments to support employees with disabilities, including those that are not immediately visible.

A common symptom experienced by people with hidden disabilities is fatigue, or extreme tiredness. In this article we will consider guidance on how hidden disabilities can be managed in the workplace and what employers should consider specifically for employees suffering from fatigue.

Understanding Hidden Disabilities

Whilst some people experience a disability that has visible symptoms, or requires visible tools such as a wheelchair, many people suffering from disabilities have a hidden or non-visible condition. Such hidden disabilities can affect an individual’s ability to carry out day to day tasks and impact their ability to work in the same way as their colleagues. This is where the law to make reasonable adjustments comes into play, in order to provide for adjustments that support employees with disabilities and allow them to engage in working life equally.

Whilst there may be an obligation for employers to make these adjustments, there is also an onus on the employee to inform their employer if they have a hidden disability and require adjustments. By the nature of these hidden disabilities, it may well be that an employer is unaware of a disability until it is brought to their attention, and the obligation to make adjustments only arises when the employee is (or should be) aware of condition.

Fatigue as a symptom

Although people do not all experience the same disability in the same way, with different symptoms affecting people to a lesser or greater degree, a common thread for many experiencing hidden disabilities, is that of fatigue.

This list is by no means exhaustive, but some hidden disabilities which commonly present with fatigue as a symptom include:

  • Chronic Fatigue Syndrome
  • Fibromyalgia
  • Insomnia
  • Sleep Apnoea
  • Multiple Sclerosis
  • Depression and anxiety
  • Diabetes

For people experiencing fatigue, this can be a significant blocker to maintaining employment, as it usually is unpredictable, and requires frequent rest breaks. Fatigue can also cause symptoms other than just tiredness, such as stress, problems with memory and concentration, changes to diet and physical strength.

Lucy White

Senior Solicitor

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+44 118 960 4655

This can provide a more comfortable environment, reduce stress triggers, and allow more time for the employee to recharge that is not spent commuting.

Managing Fatigue in the workplace

So what can employers do to support an employee experiencing fatigue?

What the appropriate reasonable adjustment may be for each case is very circumstance specific, requiring consideration of the role, the employee’s needs, and the needs of the business.

However, here are some suggestions that may be appropriate, and a combination of one or some of these may provide the assistance the employee needs to remain in the workplace.

Flexible working hours

Making flexible arrangements to an employee’s working hours can assist them to manage their sleep schedules, and take advantage of periods when they are feeling their most productive. There are degrees of flexibility that can be considered by the employer, including allowing the employee to start or finish later, either on a fixed pattern, or requiring core hours to be worked and flexibility either side. If core hours are not required, an employer may also consider true flexitime where an employee has a number of hours they must work, but these can be performed at any time in the day.

Additional Breaks

This is another useful tool to allow employees recharge time. It is important to discuss with the employee what is required for these breaks to be actually useful. For example, do they need 15 minutes every two hours or so to have a sit down and rest, or do they need time to take a nap in the afternoon. If considering incorporating additional breaks, it will be important to discuss with the employee how this time will be made up. Would the employee work later to make up time, or move to part time hours spread out rather than full time.

Work Environment Adjustments

It may be that an employee’s fatigue is triggered by stress in the workplace, and that there are changes that can be made to create a quiet and comfortable workplace which helps to reduce this trigger. For example, some employees cite that open plan work spaces increase stimulation and can overwhelm, triggering a fatigue episode. If this is something that affects an employee, a possible adjustment may be to set aside a quiet room when needed.

Remote Working

Finally, one of the most common adjustments made for people struggling with fatigue, is to offer remote working, or hybrid working patterns, where possible. This can provide a more comfortable environment, reduce stress triggers, and allow more time for the employee to recharge that is not spent commuting. This adjustment couples well with flexible hours, to allow the employee to work on their schedule if possible, at times when they are feeling most productive.

It is important to remember that these are not one size fits all solutions. Whilst one employee may benefit from remote working, for some this may leave them feeling isolated, reduce motivation and result in increased fatigue. It is important to discuss what is needed with the employee, and we recommend seeking support from occupational health who may be able to recommend adjustments specific to that employee.

There are occasions when balancing the needs of the employee and the employer, or navigating tricky workplace dynamics becomes particularly complicated and requires more nuanced advice. If you find yourself in such a situation, our employment team is on hand to assist, and we always recommend getting legal advice before making big decisions about an employee.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Lucy White

Senior Solicitor

View profile

+44 118 960 4655

About this article

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