Access to Work
Guide to Rights, Accessibility, Workplace Support, Legal Protections and Advanced Framework Information
What is Access to Work?
Access to Work (AtW) is a government-funded employment support scheme administered by the Department for Work and Pensions (DWP).
The scheme is designed to help disabled people and people with physical health conditions, mental health conditions, sensory impairments, learning disabilities, neurodivergent conditions, cognitive impairments, and long-term health conditions start work, remain in work, progress in employment, or move into self-employment.
Access to Work is separate from disability benefits such as:
• Personal Independence Payment (PIP)
• Disability Living Allowance (DLA)
• Attendance Allowance
• Universal Credit disability elements
• Employment and Support Allowance (ESA)
A person may qualify for Access to Work whether or not they receive disability benefits.
Official Government Information:
https://www.gov.uk/access-to-work
Purpose of Access to Work
The scheme aims to:
• Reduce barriers to employment
• Promote workplace inclusion
• Support equal access to work opportunities
• Help disabled people remain in employment
• Assist employers in providing workplace support
• Improve independence and economic participation
Access to Work is intended to complement, not replace, an employer's legal responsibilities under equality legislation.
Legal Framework Governing Access to Work
Equality Act 2010
The Equality Act 2010 is one of the most important legal frameworks relating to workplace accessibility.
The Act protects people from discrimination and places duties on employers.
Protected characteristics include:
• Disability
• Age
• Race
• Religion or belief
• Sex
• Sexual orientation
• Gender reassignment
• Pregnancy and maternity
• Marriage and civil partnership
Official Guidance:
https://www.gov.uk/guidance/equality-act-2010-guidance
Public Sector Equality Duty (PSED)
The DWP must comply with Section 149 of the Equality Act 2010.
This requires the DWP to:
• Eliminate discrimination
• Advance equality of opportunity
• Consider disability-related disadvantage
• Improve accessibility
• Promote fair treatment
Official Guidance:
Human Rights Act 1998
Public authorities should act lawfully, proportionately and fairly when making decisions affecting individuals.
Official Legislation:
https://www.legislation.gov.uk/ukpga/1998/42/contents
Health and Safety at Work etc. Act 1974
Employers have legal responsibilities to ensure workplace safety.
Official Legislation:
https://www.legislation.gov.uk/ukpga/1974/37/contents
Employment Rights Legislation
Access to Work operates alongside wider employment protections and workplace rights.
Who May Be Eligible?
Access to Work may be available to people who:
• Have a disability or health condition that affects work
• Are employed
• Are self-employed
• Are starting work
• Are attending job interviews
• Are undertaking certain work-related activities
Eligibility rules apply.
Official Eligibility Information:
https://www.gov.uk/access-to-work/eligibility
Types of Support Available
Support is tailored to individual circumstances.
Specialist Equipment
Examples may include:
• Assistive technology
• Specialist computer equipment
• Ergonomic equipment
• Adaptive devices
• Software solutions
Workplace Adaptations
Examples may include:
• Physical workplace adjustments
• Adapted workstations
• Accessible office arrangements
• Environmental modifications
Travel Support
Where disability-related barriers affect travel, support may be available for:
• Work-related journeys
• Travel to and from work in certain circumstances
Communication Support
Examples include:
• British Sign Language (BSL) interpreters
• Lipspeakers
• Communication support workers
• Specialist communication services
Mental Health Support
Access to Work may provide support relating to mental health barriers in the workplace.
Examples may include:
• Workplace coping strategies
• Practical workplace support
• Tailored employment-related assistance
Official Information:
https://www.gov.uk/access-to-work/what-youll-get
Support Workers
In some circumstances, support workers may be funded where disability-related needs create barriers in the workplace.
Employer Responsibilities
Access to Work does not remove an employer's legal obligations.
Employers remain responsible for complying with the Equality Act 2010.
This may include:
• Making reasonable adjustments
• Preventing discrimination
• Promoting accessibility
• Supporting disabled employees appropriately
Access to Work supplements workplace support and does not replace employer duties.
Official Information:
https://www.gov.uk/reasonable-adjustments-for-disabled-workers
Reasonable Adjustments
Reasonable adjustments may include:
• Flexible working arrangements
• Modified duties
• Accessible communication methods
• Specialist equipment
• Workplace adaptations
• Additional support arrangements
Whether an adjustment is reasonable depends on individual circumstances.
Accessibility Rights
People applying for Access to Work have rights to accessible services.
Support may include:
• Large print documents
• Braille documents
• Audio formats
• Easy Read materials
• Telephone support
• Alternative communication methods
• BSL support
• Advocacy assistance
Official Information:
https://www.gov.uk/support-when-you-contact-dwp
Neurodiversity and Hidden Disabilities
Access to Work may assist people with:
• Autism
• ADHD
• Dyslexia
• Dyspraxia
• Tourette syndrome
• Mental health conditions
• Chronic fatigue conditions
• Invisible disabilities
Support should focus on functional workplace barriers rather than labels alone.
Safeguarding and Vulnerability
The DWP should consider safeguarding needs where individuals:
• Experience severe mental distress
• Have communication difficulties
• Have cognitive impairments
• Are vulnerable to exploitation
• Require additional support during the process
Safeguarding principles should be integrated into service delivery.
Evidence and Supporting Information
Evidence may include:
• Medical reports
• Occupational health information
• Workplace assessments
• Professional recommendations
• Specialist reports
• Supporting statements
Evidence should focus on workplace barriers and support needs.
Decision-Making Standards
Access to Work decisions should be:
• Evidence-based
• Consistent with policy guidance
• Fair and proportionate
• Accessible
• Non-discriminatory
• Individually tailored
Decision makers should consider:
• Functional impact of conditions
• Workplace barriers
• Reasonable adjustment needs
• Equality obligations
Administrative Law Principles
As a public authority, the DWP should follow:
Lawfulness
Decisions should comply with legislation.
Rationality
Decisions should be reasonable and evidence-based.
Procedural Fairness
Individuals should have opportunities to provide information and challenge decisions.
Transparency
Reasons should be given for decisions where appropriate.
Complaints and Concerns
If concerns arise regarding service delivery, claimants may raise complaints.
Examples include:
• Delays
• Administrative errors
• Accessibility barriers
• Communication failures
• Failure to consider evidence
• Potential discrimination
• Unreasonable handling of applications
Official Complaints Procedure:
https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure
Equality and Disability Discrimination Concerns
Where concerns involve disability discrimination, individuals may wish to seek advice from:
Equality Advisory and Support Service (EASS)
https://www.equalityadvisoryservice.com
Equality and Human Rights Commission (EHRC)
https://www.equalityhumanrights.com
Independent Advice and Advocacy
Citizens Advice
https://www.citizensadvice.org.uk
Disability Rights UK
https://www.disabilityrightsuk.org
Scope
ACAS
Advice on workplace rights and employment issues.
Law Centres Network
Practical Advice
• Apply for Access to Work as early as possible.
• Explain workplace barriers clearly.
• Focus on functional difficulties rather than diagnoses alone.
• Keep copies of all communications.
• Request accessible formats if needed.
• Discuss workplace needs openly where comfortable to do so.
• Seek independent advice if difficulties arise.
• Understand that Access to Work is separate from disability benefits.
Advanced Rights and Accountability Framework
Access to Work operates within a wider framework of:
• Equality law
• Employment law
• Human rights principles
• Public law obligations
• Administrative law standards
• Accessibility duties
• Safeguarding responsibilities
• DWP policy guidance
The DWP should ensure decisions are:
✓ Lawful
✓ Fair
✓ Accessible
✓ Evidence-based
✓ Transparent
✓ Non-discriminatory
✓ Consistent with equality duties
Key Rights Summary
Every Access to Work applicant has the right to:
✓ Fair treatment
✓ Accessible services
✓ Reasonable adjustments
✓ Protection from discrimination
✓ Consideration of disability-related barriers
✓ Submit evidence
✓ Receive explanations for decisions
✓ Make complaints about service failures
✓ Access independent advice and advocacy
✓ Equal access to employment support
Key Message
Access to Work is a workplace support scheme designed to help disabled people and people with health conditions access, remain in and progress within employment. The scheme operates alongside employer duties under the Equality Act 2010 and wider employment protections. The DWP must administer Access to Work in accordance with equality law, accessibility obligations, public law principles, safeguarding duties and procedural fairness. Every applicant has the right to accessible services, reasonable adjustments, fair consideration of evidence, protection from discrimination, and access to support that helps remove workplace barriers. These protections apply equally to all people regardless of sex, gender identity, disability, race, religion, age, sexual orientation or background.
Advanced Legal Rights, Workplace Equality, Accessibility and Accountability Handbook
Access to Work (AtW) is one of the UK's most important disability employment support programmes.
It exists to help disabled people and people with physical health conditions, mental health conditions, neurodivergent conditions, sensory impairments, learning disabilities, cognitive impairments and long-term illnesses overcome barriers to employment.
The scheme is administered by the Department for Work and Pensions (DWP) but operates alongside wider legal protections under employment law, equality law and human rights legislation.
Access to Work is not a disability benefit.
It is an employment support programme intended to help people:
• Start work
• Stay in work
• Return to work
• Progress in employment
• Become self-employed
• Access interviews and work-related opportunities
Official Information:
https://www.gov.uk/access-to-work
Core Legal Framework
Access to Work sits within a broader legal framework.
Equality Act 2010
The Equality Act 2010 is the primary piece of legislation protecting disabled people in employment.
Official Legislation:
https://www.legislation.gov.uk/ukpga/2010/15/contents
Official Guidance:
https://www.gov.uk/guidance/equality-act-2010-guidance
Protected Characteristics
The Act protects individuals from discrimination based on:
• Disability
• Age
• Race
• Religion or belief
• Sex
• Sexual orientation
• Gender reassignment
• Pregnancy and maternity
• Marriage and civil partnership
Forms of Unlawful Discrimination
The Equality Act protects against:
Direct Discrimination
Less favourable treatment because of a protected characteristic.
Indirect Discrimination
Policies or practices that disadvantage certain groups without objective justification.
Discrimination Arising from Disability
Treating someone unfavourably because of something connected to their disability.
Failure to Make Reasonable Adjustments
Failing to remove barriers experienced by disabled people.
Harassment
Unwanted conduct related to a protected characteristic.
Victimisation
Treating someone unfairly because they asserted legal rights.
Employer Duties
Access to Work does not replace employer responsibilities.
Employers remain legally responsible for:
• Reasonable adjustments
• Equality compliance
• Preventing discrimination
• Workplace accessibility
• Fair recruitment practices
• Fair workplace policies
Official Information:
https://www.gov.uk/reasonable-adjustments-for-disabled-workers
Reasonable Adjustments Framework
Employers have a legal duty to make reasonable adjustments where required.
Examples may include:
• Flexible working arrangements
• Modified duties
• Specialist software
• Ergonomic equipment
• Accessible communications
• Remote working arrangements where appropriate
• Adapted workplace layouts
• Additional supervision or support
• Adjusted recruitment processes
The reasonableness of an adjustment depends on:
• Effectiveness
• Practicality
• Cost
• Employer resources
• Individual circumstances
How Access to Work Fits Into Workplace Rights
Access to Work can provide support beyond what employers may reasonably be expected to fund.
Examples include:
• Specialist equipment
• Support workers
• Travel support
• Communication support
• Mental health support
• Specialist workplace assessments
Access to Work is intended to complement employer obligations rather than replace them.
Mental Health and Workplace Support
Access to Work recognises that mental health conditions can create workplace barriers.
Conditions may include:
• Depression
• Anxiety disorders
• PTSD
• Bipolar disorder
• Obsessive Compulsive Disorder (OCD)
• Personality disorders
• Long-term psychological conditions
Support may include:
• Practical workplace strategies
• Workplace adjustments
• Mental health support services
• Communication planning
• Tailored employment support
Neurodiversity and Access to Work
Access to Work may support people with:
• Autism
• ADHD
• Dyslexia
• Dyspraxia
• Dyscalculia
• Tourette syndrome
• Other neurodevelopmental conditions
Support should focus on workplace barriers and practical needs rather than diagnostic labels alone.
Public Sector Equality Duty
The DWP must comply with Section 149 of the Equality Act 2010.
This duty requires public authorities to:
• Eliminate discrimination
• Advance equality of opportunity
• Foster good relations
• Consider accessibility barriers
• Address disability-related disadvantage
Official Guidance:
Human Rights Framework
Public authorities should operate consistently with:
Human Rights Act 1998
Relevant principles include:
• Dignity
• Fairness
• Proportionality
• Respect for private life
• Protection against discrimination
Official Legislation:
https://www.legislation.gov.uk/ukpga/1998/42/contents
Administrative Law Principles
As a public authority, the DWP should make decisions that are:
Lawful
Consistent with legislation and policy.
Rational
Evidence-based and reasonable.
Fair
Allowing people meaningful opportunities to provide information.
Transparent
Providing explanations for decisions.
Consistent
Applying policy fairly and uniformly.
Accessibility Rights
Applicants have the right to accessible services.
Support may include:
• Large print
• Braille
• Audio formats
• Easy Read documents
• Alternative communication methods
• British Sign Language (BSL)
• Telephone support
• Advocacy support
• Additional assistance completing applications
Official Information:
https://www.gov.uk/support-when-you-contact-dwp
Safeguarding Responsibilities
The DWP has safeguarding responsibilities towards vulnerable applicants.
Additional support may be appropriate where a person:
• Has severe mental distress
• Has communication barriers
• Has cognitive impairments
• Is at risk of exploitation
• Requires additional assistance understanding processes
Safeguarding should be integrated into service delivery.
Evidence and Workplace Assessments
Evidence may include:
• Medical reports
• Occupational health reports
• Workplace assessments
• Specialist recommendations
• Support worker reports
• Educational support plans
• Professional statements
The strongest evidence often explains:
• Workplace barriers
• Functional difficulties
• Proposed solutions
• Impact on employment
Recruitment and Interview Support
Access to Work may help remove barriers during recruitment.
Examples include:
• Communication support
• Travel support
• Accessibility assistance
• Specialist interview support
This helps promote equal access to employment opportunities.
Self-Employment and Entrepreneurship
Access to Work may support eligible self-employed individuals.
Support may be available where disability-related barriers affect business activities.
Official Information:
https://www.gov.uk/access-to-work
Disability Confident Scheme
The Government operates the Disability Confident programme to encourage inclusive employment practices.
Official Information:
https://www.gov.uk/government/collections/disability-confident-campaign
Complaints and Accountability
Where concerns arise, complaints may relate to:
• Delays
• Administrative failures
• Accessibility barriers
• Communication problems
• Failure to consider evidence
• Potential discrimination
• Unreasonable service delivery
Official Complaints Procedure:
https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure
Equality and Discrimination Support
Equality Advisory and Support Service (EASS)
Provides advice regarding discrimination and equality rights.
https://www.equalityadvisoryservice.com
Equality and Human Rights Commission (EHRC)
Promotes and enforces equality law.
https://www.equalityhumanrights.com
Employment Advice Organisations
ACAS
Workplace rights, dispute resolution and employment guidance.
Citizens Advice
https://www.citizensadvice.org.uk
Disability Rights UK
https://www.disabilityrightsuk.org
Scope
Law Centres Network
Advanced Accountability Framework
The DWP is accountable through:
• Parliament
• Equality legislation
• Human rights legislation
• Administrative law principles
• Judicial review processes
• Internal complaints procedures
• Independent scrutiny
• Ombudsman investigations
• Equality oversight mechanisms
Applicants are entitled to expect decisions that are:
✓ Lawful
✓ Fair
✓ Accessible
✓ Transparent
✓ Evidence-based
✓ Non-discriminatory
✓ Consistent with equality duties
Practical Advice
• Apply early where possible.
• Clearly explain workplace barriers.
• Focus on practical impacts rather than diagnoses alone.
• Keep records of communications.
• Retain copies of evidence and decisions.
• Request accessible communication where needed.
• Understand employer duties and your rights.
• Seek independent advice where appropriate.
• Raise concerns promptly if barriers arise.
Key Rights Summary
Every Access to Work applicant has the right to:
✓ Fair treatment
✓ Accessible services
✓ Reasonable adjustments
✓ Equality of opportunity
✓ Protection from discrimination
✓ Safeguarding consideration
✓ Submit evidence
✓ Receive explanations for decisions
✓ Make complaints
✓ Access independent advice and advocacy
✓ Equal access to employment support
Key Message
Access to Work is a vital employment support programme that helps disabled people and people with health conditions participate fully in working life. The DWP must administer the scheme in accordance with equality legislation, human rights principles, accessibility obligations, safeguarding responsibilities and public law standards. Access to Work operates alongside employer duties under the Equality Act 2010 and should support equal access to employment, career progression and workplace participation. Every applicant has the right to accessible services, fair treatment, reasonable adjustments, protection from discrimination and meaningful access to employment opportunities, regardless of sex, gender identity, disability, race, religion, age, sexual orientation or background.