Will the Government’s Right to Try policy help close the disability employment gap?
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This year’s Labour Party Conference in Liverpool took place with the Government eager to showcase its wider employment reform agenda. Through the Employment Rights Bill and welfare changes, Ministers have promised to boost employment to 80%, modernise Jobcentres, and deliver growth through higher employment.
Within this agenda, the question of how disabled people can be supported into and within work remains a pressing challenge. The disability employment gap continues to hover around 28 percentage points, with disabled workers more likely to face low pay and insecurity. The extent to which new reforms improve opportunities for disabled people will be a critical test of government's commitment to ‘make work pay’.
On the Conference fringe, the Work Foundation at Lancaster University hosted a roundtable with employers, unions, disability organisations and policymakers to explore whether the reforms now in motion will be enough to make a lasting difference.
A stubborn gap
Discussion began by reflecting on the realities facing disabled people in the labour market. Participants reflected that while the employment rate for disabled people improved in recent years, progress has stalled.
Disabled workers are also more likely to be in poor quality work contributing to a persistent disability poverty gap. Research by the Work Foundation has found that 27% of disabled workers are in severely insecure work, compared 19% amongst workers without a disability. And disabled workers are also less likely to progress in work.
There was strong agreement that policy debate continues to focus too much on job entry, rather than retention and advancement. Without sustained in-work support, disabled people will continue to face cycles of insecurity and exclusion.
Reforms with risks
Government initiatives such as Connect to Work were widely welcomed by our participants, though concerns were raised about uneven provision and the risk of postcode lotteries. Proposals to modernise Jobcentres were seen as a chance to rebuild trust with claimants, but only if accompanied by a shift from sanctioning to genuine support.
Universal Credit was felt to remain a major barrier. Financial “cliff edges,” particularly during sickness absence, can push people into hardship or force premature returns. Greater flexibility, including income protection schemes and phased returns, was viewed as essential to help disabled workers sustain employment.
Remote and hybrid working also emerged through the discussion as a key enabler. Evidence from the Inclusive Remote and Hybrid Working Study, led by Dr Paula Holland and supported by the Nuffield Foundation, shows its potential to help disabled people stay in or return to work.
The project, which conducted the largest ever survey of disabled people’s perceptions of hybrid and remote working found, strong demand for flexibility. Working from home had a positive impact on 80% of those in fully remote roles when it came to managing their health. Analysis found that more frequent remote working was linked to better health, productivity, work–life balance and caring capacity.
Employer-facing programmes were also debated. While Disability Confident has raised awareness, participants questioned its impact and accountability. Access to Work was praised as critical, but delays and inconsistent delivery continue to limit its effectiveness.
From Right to Try to Right to Return?
The proposed Right to Try regulations, due to come into force in 2026, were welcomed as a step towards giving disabled people confidence that testing work will not jeopardise their entitlement to benefits. But many argued that the nature of living with long term health conditions means this needs to be matched by a Right to Return – ensuring that jobs are protected during health crises, in the same way maternity protections safeguard employment.
Employers raised questions about feasibility, particularly for smaller businesses, but there was broad agreement that greater access to more flexible, phased return policies must become the norm in the future. Mandatory disability pay gap reporting was also welcomed, but participants stressed that without action plans and accountability, reporting alone will not drive progress.
What next?
The Right to Try proposals represent an important milestone within the Government’s employment reform programme, but they cannot stand alone. Closing the disability employment gap will require systemic change: cultural shifts within Jobcentres, practical support for employers, and coordinated action across government, devolved authorities and civil society.
If disabled people are to have not only the right to enter work but also the right to remain, progress and thrive, reforms must go beyond ambition to deliver lasting change. Central to these efforts must be the expansion of remote and hybrid job opportunities and strengthening rights to access them as a reasonable adjustments.
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