Employment: Migraines

Employers are crucial in enhancing employment opportunities and supporting disabled people and those with health conditions, such as migraines, to thrive in the workforce. All employers have a duty under the Equality Act 2010 to make ‘reasonable adjustments’ in the workplace where a disabled person would otherwise be put at a substantial disadvantage compared with their colleagues. The Equality and Human Rights Commission is responsible for enforcing the Equality Act and providing guidance on reasonable adjustments.

Migraines may be recognised as a disability under the Equality Act 2010, where the condition has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. The Act does not list specific conditions but applies broadly to any physical or mental impairment meeting this definition.

There are a range of existing initiatives that already provide support. The Disability Confident Scheme encourages employers to create disability inclusive workplaces and to support disabled people to get work and get on in work. The scheme provides resources such as the Disability Confident Manager’s Guide, which includes guidance on flexible working and workplace adjustments. The Government also offers tailored guidance to employers on supporting disabled people and people with health conditions in the workplace, through its Support with Employee Health and Disability service. This includes guidance on disclosures and having conversations about health and disabilities, plus guidance on legal obligations and making reasonable adjustments and we continue to explore ways to increase access to occupational health services. The WorkWell pilot provides low intensity integrated work and health support for people with health-related barriers to work and is live in 15 areas across England. Participants get a holistic assessment, and a tailored support plan that can include employer liaison and advice on workplace adjustments.

In our Get Britain Working White Paper, published November 2024, we committed support for employers to recruit, retain and develop staff. As part of that, the Secretaries of State for Work and Pensions and Business and Trade have asked Sir Charlie Mayfield to lead ‘Keep Britain Working’, an independent review to consider how best to support and enable employers to recruit and retain more people with health conditions and disabilities, promote healthy workplaces, and support more people to stay in or return to work from periods of sickness absence. Sir Charlie Mayfield will deliver a final report with recommendations later in the autumn.