Emotional support animals provide comfort and stability to individuals dealing with emotional or mental health challenges. While they are recognised for their benefits, the legal situation surrounding their presence in the workplace is complex and differs significantly from that of assistance dogs.
In this article, we will explain the legal distinctions between assistance dogs and emotional support animals and the factors employers should consider when deciding whether to allow emotional support animals in the workplace.
Table of Contents
- What is an Emotional Support Animal?
- What is the difference between an assistance animal and an emotional support animal?
- What qualifies as an emotional support animal in the UK?
- Are emotional support animals allowed in the workplace?
- What are an employer's obligations regarding emotional support animals?
- How can conflicts related to emotional support animals in the workplace be managed?
- What are the benefits of allowing emotional support animals in the workplace?
- Conclusion
What is an Emotional Support Animal?
An Emotional Support Animal is an animal that offers therapeutic benefits and emotional comfort to individuals with mental health conditions.
Unlike service animals, Emotional Support Animals aren't trained to perform specific tasks related to their owner's disability. Instead, their primary role is to provide companionship and alleviate symptoms of mental health conditions like anxiety, depression, or PTSD through their presence.
Individuals with emotional support animals might request special accommodations, such as bringing them on flights or securing pet-friendly housing, based on the therapeutic need for the animal. For example, someone who experiences severe panic attacks might need their emotional support animal with them during travel to manage their anxiety.
To legally recognise an animal as an emotional support animal, the owner must have a prescription letter from a licensed mental health professional stating that the individual has a qualifying mental health condition and that the emotional support animal is necessary to support their mental health.
What is the difference between an assistance animal and an emotional support animal?
Assistance animals are trained to carry out specific, often life-saving tasks for their owners. For example, a guide dog helps a visually impaired person navigate, while a medical alert dog may detect the onset of a seizure or alert to changes in blood sugar levels.
Assistance animals have specific legal protections under laws such as the Equality Act 2010 in the UK, allowing them access to public places where pets are generally not permitted, including workplaces, restaurants, and public transportation.
Emotional support animals, on the other hand, provide emotional support through their presence, helping to alleviate symptoms of mental health conditions such as anxiety, depression, or PTSD. They do not perform specific tasks related to a physical disability.
As such, they don't have the same legal rights as assistance animals. While they may receive certain accommodations, such as being allowed in pet-free housing under specific circumstances, they don't have the broad public access rights that assistance animals do.
What qualifies as an emotional support animal in the UK?
Unlike service animals, which are predominantly dogs trained to perform specific tasks for people with disabilities, emotional support animals are recognised for the emotional support they provide and can come from a wide variety of species.
Types of animals that can be emotional support animals include:
Dogs
Cats
Miniature horses
Hedgehogs
Rabbits
Guinea pigs
Ferrets
Birds
Rates or mice
Lizards
The wide range of species that can serve as ESAs is one of the main challenges when determining the most suitable animal for an individual. The choice often depends on the person's living situation, allergies, preferences, and the specific emotional needs that the animal will help address.
Are emotional support animals allowed in the workplace?
Emotional support animals do not have the same legal status as service animals (like guide dogs) under the Equality Act 2010. This means that there is no legal obligation for employers to allow them into the workplace.
Having said that, despite the lack of specific legal protections for emotional support animals, employers are still under a general duty to make reasonable adjustments for employees with disabilities. This could, in some cases, include allowing an emotional support animal into the workplace, especially if it is demonstrated that the animal is essential for the employee's well-being.
Therefore, whether an emotional support animal can be accommodated in the workplace is determined on a case-by-case basis where employers must carefully weigh the employee's needs against the potential impact on the workplace and other employees.
In some cases, employers may offer alternative accommodations if an ESA is not feasible. This could include allowing flexible working arrangements or providing a quiet space for the employee during the workday.
What are an employer's obligations regarding emotional support animals?
Under the Equality Act 2010, employers must ensure:
Their policies and practices don't unfairly disadvantage disabled employees;
That no physical feature of the workplace puts a disabled person at a disadvantage;
Auxiliary aids are provided if the absence of such aids would put a disabled employee at a disadvantage.
In the context of emotional support animals, a blanket ban on animals in the workplace could be considered workplace discrimination if it prevents an employee who relies on an ESA from performing their job effectively.
Further, an emotional support animal could be considered an auxiliary aid if it significantly contributes to the employee's ability to perform their job. So, technically, While ESAs are not explicitly mentioned in the law, they could be recognised as necessary for an employee’s success, thus making their accommodation a reasonable adjustment.
Whether allowing an ESA in the workplace is a reasonable adjustment, however, must be determined based on the specific circumstances.
Employers should assess the impact on the workplace, including any potential disruption or health and safety concerns, and balance this against the needs of the employee.
How can conflicts related to emotional support animals in the workplace be managed?
The idea behind accommodating emotional support animals in the workplace is to promote equality for disabled persons.
However, this can disadvantage non-disabled persons, especially when several species of animals are involved.
For example, some people are allergic to fur, making it difficult for them to be around dogs. Others may have a strong fear or phobia of certain animals.
Another potential issue with accommodating emotional support animals in the workplace is the issue of safety as some places like construction sites, labs, and hospitals are not safe for animals.
To avoid this, here are some steps you can take as an employer:
Step 1: Create an Emotional Support Animal (ESA) Workplace Policy
The first step is to create an ESA workplace policy.
This policy should contain detailed steps on how employees can request an ESA workplace accommodation, as well as the criteria the employer will use to assess the requests.
The policy should also contain guidelines on where these emotional support animals are allowed to stay. And finally, it must provide the process that’ll be used to address any potential issues.
Step 2: Assess the Request for ESA Accommodation
When an employee requests permission to bring their ESA to work, it's important for the employer to first discuss with said employee. The goal should be to try and understand their needs, grasp how their disability impacts their work, and assess whether an ESA can provide relief.
To dig deeper, you should consider meeting with both the employee and their ESA. This interaction will help you understand the animal's behaviour, as well as its training, and overall suitability for the workplace.
Step 3: Communicate with Other Employees
Before you allow an ESA into the workplace, it’s important to first talk it out with your team. This communication will allow you to find and address any possible concerns about allergies, phobias, or discomfort.
Additionally, it can help you understand just how well ESAs will fit into your work environment.
Step 4: Explore Reasonable Adjustments
Since the workplace is made up of people with different backgrounds and preferences, a reasonable adjustment should be made in a way that accommodates everyone’s needs.
For people with pet allergies, you can create a separate working space away from the ESA or use air purifiers to prevent their allergies from flaring up.
You can also create separate workspaces for those with pet phobias, have them work remotely, or rotate shifts with employees bringing their pets to work.
In environments where the presence of animals could pose a safety risk, alternative reasonable adjustments should be explored, such as offering remote work options or providing other forms of support to the employee who requires the ESA.
What are the benefits of allowing emotional support animals in the workplace?
Psychological intervention plays a role in helping people deal with emotional challenges. However, ESAs go a step further by providing constant support throughout each day.
That’s why the question of allowing ESAs at work in the UK is a widely discussed topic. It also helps that allowing ESAs at work comes with several benefits.
An emotional support animal can offer comfort, companionship, and distraction from life's challenges. For individuals struggling with mental health issues, the responsibilities and joys of pet ownership can provide a sense of purpose and routine.
Beyond the emotional benefits, there's evidence suggesting that interacting with animals can reduce stress, improve mood, and even enhance cognitive function. These could translate to a more engaged and productive workforce.
Conclusion
While emotional support animals may be allowed in some workspaces, UK employment law does not specifically recognise them in the same way as service animals, which are granted legal protections under the Equality Act 2010.
This means that there is no automatic right for employees to bring emotional support animals into the workplace in the UK.
However, employers are obligated under the law to make reasonable adjustments for employees with disabilities, including those with mental health conditions. This could, in certain circumstances, include accommodating emotional support animals if it is deemed necessary for the employee's well-being and ability to perform their job.
To navigate the potential challenges and ensure fairness, employers should create a comprehensive ESA policy. Such a policy would establish clear guidelines for requesting these kinds of accommodations and address any concerns or conflicts that may arise from having animals in the workplace.
For assistance with employment matters, whether that's understanding your obligations as an employer or challenging the decisions of an employer as an employee, our network of expert employment lawyers is on hand to provide fast, affordable legal advice.
Contact us for a free case evaluation and quote for the services of a specialist lawyer.