‘Even if a dog is not a trained assistance dog, in some cases the employee could have a legal right to bring their dog to work if it helps them to manage a mental health condition,’ according to Jonathan Lewis, a Solicitor in the employment team with QualitySolicitors Parkinson Wright. ‘However, there will be a number of steps to go through to establish this right.’
It is important to understand how to support the employee in bringing their assistance dog to work; the difference between an assistance dog and an emotional support dog; and when employers may have to allow an emotional support dog at work.
Jonathan outlines these issues and gives tips for employers considering allowing any employee to bring their dog to work.
What is an assistance dog?
Assistance dogs are highly trained working animals who assist people in managing a medical condition or disability. Perhaps the most well-known are guide dogs for visually impaired people, but assistance dogs are trained to support people in a range of ways, such as alerting a person to an oncoming medical episode. Most, but not all, assistance dogs are accredited with an organisation that is registered with Assistance Dogs UK.
Assistance dogs in the workplace
It is highly likely that an individual with an assistance dog is protected by the Equality Act 2010. This could mean that an inflexible ‘no dogs at work’ policy is unlawful discrimination if it prevents a job candidate or employee bringing their assistance dog to work. The employer would need to consider if it would be a reasonable adjustment to allow the assistance dog to accompany the individual. We can advise you on this, as this may involve checking if other colleagues have allergies or a fear of dogs. It will be necessary to seek to accommodate everyone’s needs, as well as carrying out a risk assessment.
If the employee is allowed to bring their assistance dog to work, there are a number of measures to put in place to ensure this arrangement works well for the employee, the animal and colleagues. Most of these should be made in consultation with the employee and some may also be reasonable adjustments in themselves:
- implementing any requirements arising from a risk assessment, such as restrictions on the area to which the dog can go in the workplace;
- giving the employee extra breaks from work or a different working pattern to allow them to take the dog out to meet its toileting (spending) needs;
- ensuring there is a suitable space for the animal close enough to the employee’s desk and somewhere for the dog’s water;
- being clear on the responsibilities of the employee in relation to the dog, for instance ensuring the dog wears its tabard or harness to indicate when it is working; and
- being clear on the employer’s responsibilities, for example, informing colleagues about appropriate behaviour around the dog, such as only petting the dog with the employee’s permission and not distracting the dog when it is on duty. In doing this, the employer should be careful about confidentiality and protecting personal information about the employee’s health or disability.
What is an emotional support dog?
Assistance dogs can include specially trained dogs who support a disabled individual with a psychiatric condition, such as by reminding the individual to take medication. These dogs are usually trained by a charity. By contrast, an emotional support dog is not trained specifically as an assistance or service animal.
Do we have to allow emotional support dogs at work?
An employee may wish to have their dog at work as psychological support, such as to ease anxiety. In some cases, the employer may need to allow this. It is possible to register emotional support animals with an online company and an employee may present you with an official-looking registration card when requesting the dog is allowed to accompany them. However, this is not conclusive.
If the employee has a condition that amounts to a disability under the definition in the Equality Act 2010, it may be a reasonable adjustment to allow the request. We can advise you on this, including reviewing any relevant medical evidence and making a referral for occupational health advice.
If the request is allowed, the employer will need to work through similar considerations as for an assistance dog. Additional considerations include ensuring that the dog is well trained and not a disruption or nuisance to colleagues.
Should we allow dogs at work anyway?
Dog ownership has increased in the UK over recent years. To help recruitment and retention, employers may wish to allow any employee to bring their dog to work, particularly as employees may be reluctant to leave their dog at home all day.
However, employers may need to bear in mind that multiple dogs in the workplace is likely to need careful management and other employees may want to bring another type of pet.
Before going down this route, it would be sensible to put in place a policy. This would make it clear which animals are allowed, on what terms, and when the employer may decide to withdraw this option, for instance if colleagues reported being disturbed by a noisy dog. It could also explain who would be prioritised – most appropriately those with a relevant disability – if there were more requests than could be accommodated. The policy should set out the responsibilities of the dog owner and the employer, and allow the employer to set limits on the number of days per week, for example if the number of animals in the workplace is getting unmanageable.
How we can help
We give clear and practical advice on making reasonable adjustments involving an assistance dog or an emotional support animal. We can also provide you with a suitable and clear policy, if you wish to allow employees to bring animals to work.
For further information, please contact Jonathan Lewis in the employment team on 01905 721600 or email worcester@parkinsonwright.co.uk
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.