Research commissioned by UK Pet Food estimates that 62% of all households, totalling 17.4 million, have pets. This figure increased significantly during COVID-19 lockdowns, with the estimated increase between 2020 and 2021 being 3.2 million households. There has also been increased recognition of the concept of "Emotional Support Animals" (ESAs). Organisations such as Emotional Support Animals UK aim to raise awareness of the help ESAs give to people in the UK who are suffering from mental health issues, with the hopes of the ESAs becoming certified assistance animals. 

With the increase in ESAs and the reintroduction of office-working following the pandemic, it may come as no surprise that the demand for a dog-friendly workplace is rising. Many businesses such as Foot Anstey LLP have introduced a dog-friendly policy and a survey conducted by comparethemarket.com in June found 42% of participants hoped to bring their dog into the office. Likewise, research by Flexa Careers found that there has been a 9% increase in employers who advertise their offices as being "dog-friendly". In the midst of the "war for talent", employers are getting creative with their employee initiatives, with dog-friendly policies making it onto the agenda for some.

Should employers allow ESAs in the office?

Under the Equality Act 2010, employers are required to make reasonable adjustments to accommodate employees with a disability. Disability is defined as a physical or mental impairment that has substantial and long-term negative effect on your ability to do normal daily activities. The extent of what is a reasonable adjustment will depend on the circumstances and is decided on a case-by-case basis. However, it is likely to include accommodating any guide or assistance dog that is needed by a disabled employee to attend their workplace and carry out their job unless the nature of the workplace makes this very difficult.

Assistance dogs differ from ESAs in that assistance dogs are highly trained to do work or perform tasks that assist a disabled person and help them live an independent life. ESAs on the other hand are not trained to aid their owners. Their primary function is to support their owner's mental health through companionship and affection. Whilst a reasonable adjustment is likely to include the accommodation of an assistance dog, it does not necessarily extend to allowing ESAs and will need to be determined on a case-by-case basis.

That being said, there is some evidence to suggest that allowing ESAs in the workplace leads to improved employee wellbeing, engagement and productivity. In a climate where businesses are struggling with employee retention, having a stand-out ESA policy could help set an employer apart and assist in improving their employees' overall experience. Of course, this kind of policy will have to be weighed up against a raft of other considerations, including the cost of accommodating animals in the workplace, the responsibility for looking after the ESA and the impact this kind of policy may have on other employees and the business overall.

What can employers do?

Any employer considering implementing this policy will have to first consider whether it is appropriate. For example, the working environment may not be suitable for animals where there is a presence of vehicles and machinery, or other health and safety risks. An individual assessment of the animal may also be required to ensure they are sufficiently trained and well-behaved to be brought into the working environment. Other employees will also have to be considered – is it practicable to protect employees with an allergy to the animal? 

Employers who are interested in considering this type of policy will find themselves having to grapple with all sorts of new practical questions – for example, what animals will they allow as ESAs? Who will be entitled to bring in an ESA and when? What does the application process and criteria look like and who will be liable for any damage caused by the ESA? Any employer who is either contemplating introducing an ESA policy (or indeed already has one in place) will be required to judge each case fairly and consistently to avoid any risk of discrimination. 

As an alternative to implementing an ESA policy, employers may also consider having one-off "bring your pet to work" days or offering ad hoc sessions including, for example, the relatively new phenomenon of "puppy yoga". 

If you would like to discuss the content of this article or would like assistance in drafting a policy to allow ESAs in your workplace, please contact a member of our team. 

Dentons acknowledges and thanks associate Beth Johnston for her contribution to the article.