A traumatic brain injury can impact severely on an individual’s ability to return to work, which is why a carefully-planned vocational rehabilitation strategy is so important. Here, Sabrina Lawlor, principal lawyer at Slater and Gordon, discusses why support for employers to ensure their workplaces and process are as disability-friendly as possible – provided by organisations such as The Brain Charity – is vital
According to the Valuable 500, 80 per cent of hidden disabilities are acquired between the ages of 16 and 65 years old and most individuals who sustain an acquired brain injury are young adults in their productive working years.
The consequences of an acquired brain injury can affect how we perform the day-to-day activities many of us take for granted, such as reading, listening, concentrating, focusing, retaining new information and communicating with others.
As a serious injury solicitor, I have experienced many humbling learning curves supporting clients from all walks of life rendered disabled after experiencing life-changing injuries.
A common issue I experience is the impact on the individual’s ability to return to work following an acquired brain injury. The significant psychological effect of not being able to return to work can be profound – it is often a devasting blow to confidence and self-esteem. I have experienced many different employment outcomes following an acquired brain injury, including new career paths, resignations, reduced hours, and early retirement.
This is best demonstrated through the lived experiences of my clients, such as Mark (whose name has been changed to protect his privacy). Mark was 17 years old when he was assaulted by a gang of youths. He sustained a traumatic brain injury and as a result lost the opportunity to pursue a scholarship in the USA to play semi–professional rugby.
Following a period of rehabilitation, Mark decided to pursue a different career path but was met with many challenges. He disclosed his traumatic brain injury to new employers but did not always receive the help and support legally required under the Equality Act 2010. Mark is currently unemployed.
Another client, Rodney (whose identity has also been protected), was a teenager when he sustained his traumatic brain injury in a road traffic accident. Before his accident it was his goal to pursue a career in the British Army. This was no longer possible.
With the support of his legal team and case manager, Rodney is now considering a different career route in joinery. It is his goal to secure an apprenticeship and one day have his own joinery workshop where members of the public can visit him and admire his creations.
Career redirection can often be very challenging for individuals to consider, especially those who have spent many years financing and studying towards a specific type of job, or who have already spent many years developing their craft, expertise and knowledge to then have to consider doing something completely different.
Career redirection requires a coordinated approach with a focus on producing the best outcome of the individual. It involves combining the respective skills and experience of various professionals to create a dynamic multi-disciplinary team who can empower the individual to think of a new career route that will be enjoyable and rewarding.
Introducing an experienced brain injury case manager and neuro rehabilitation specialists at the earliest opportunity can make the difference between optimal recovery, and a substandard outcome. Introducing vocational rehabilitation to support the individual to return to work, if they are able to, is crucial. The benefits of returning to work include a financial income, increased self-esteem and confidence, structure and routine, social interaction and a sense of purpose.
The research supports the utility of neuropsychology tests to determine cognitive deficits following a brain injury and to help predict the likelihood of a return to work.
However, further tests in a real-world setting, discussions with employers and the multi-disciplinary team, an analysis of the type of job the individual is returning to, the working environment and culture, and the skills to perform the job, are of even greater assistance in the vocational rehabilitation process.
Also vital is finding a workplace that understands the benefits neurodiverse employees can bring, and works hard to focus on inclusivity.
The Equality Act prohibits discrimination against those with a protected characteristic, one of which is disability. In the experience of Mark mentioned earlier, his condition would fall into the legal definition of disability, meaning any employer should not treat him less favourably than an able-bodied worker.
Sadly, this is often not the reality. The Brain Charity’s employment team advocate for jobseekers with brain injuries and other neurological conditions to ensure people like Mark get the support they need in the workplace and are not discriminated against.
They also train employers to ensure their processes are as disability-friendly as possible.
CEO Nanette Mellor says: “One simple way to attract and support a neurodiverse workforce is job carving – identifying and retaining critical elements of job descriptions, whist removing often-overused stock phrases such as ‘team worker’ or ‘presenting skills’ as these may put off candidates with conditions such as autism and anxiety.
“Creating an environment where disclosure is open and encouraged and providing part-time and hybrid working opportunities, flexibility with hours and the possibility of job-shares are also important.
“Another key consideration is supporting employees to apply for government Access to Work funding, which can cover anything from travel expenses, specialist equipment and desk furniture to personal assistant support in the office to assist with emails and organisation.”
Protection for people with disabilities also applies to applying for jobs, and employers are required to put in place ‘reasonable adjustments’ to create a level playing field at all stages of their hiring and employment process.
Nanette adds: “This may include giving people more time to prepare for interviews and an idea of questions in advance, offering virtual alternatives if travel is difficult and using specific neurodiverse job boards when advertising for roles.”
The commitment, dedication, planning and attention required by a legal team and rehabilitation professionals to help a client achieve a return to work should not be underestimated.
Our clients often comment that returning to work is one of their most important and proudest achievements. The sense of empowerment, hope and joy this milestone creates can be exhilarating and very rewarding – and it’s something we, and The Brain Charity, are committed to keep fighting for on their behalf.
Sabrina Lawlor is a principal lawyer at Slater and Gordon and is experienced in representing individuals who have sustained life changing injuries. Sabrina is also a disability inclusion advocate and chair of the Disability and Accessibility Network at Slater and Gordon.
