DIVERSITY BRIEFINGS – DISABILITY

The Employer’s Perspective

Definitions

Disabled Person

The Disability Discrimination Act (DDA) defines a "disabled person" as an individual with a "physical (including sensory) impairment or mental impairment which has a substantial and long term adverse effect on their ability to carry out normal day-to-day activities". This means for an individual to be covered by the Act's definition of Disability:

• they must have an impairment, that is either mental or physical, which includes sensory impairment (such as hearing or vision)
• the impairment must have adverse effects which are substantial; e.g. non trivial or goes beyond normal differences between people
• the substantial effects must be long term; either the effect must have lasted 12 months or is likely to have an effect for at least 12 months
• the long term substantial effects must have an adverse effect on normal day-to-day activities

It is important to be aware of the following:

• someone with a Mental Health condition additionally requires that the illness is 'clinically well recognised' to be covered by the DDA's definition of disability
• a person who has recovered from a disability, which was covered by the definition in the Act, is still covered by the legislation and is protected from discrimination
• it does not automatically follow that if an individual is receiving disability benefits that they meet the criteria of disability under the Act
• the legislation recognises the compound effect of multiple disabilities which individually would not constitute a disability as defined by the DDA
• if someone has a progressive impairment such as multiple sclerosis it is not necessary to show that the condition is having a substantial effect currently to be covered by the DDA. But it is necessary that the condition does have some effect on the individual's ability to perform day to day activities and the condition is likely to have a substantial adverse effect in the future

Specific Issues

It is likely that many of the reasonable adjustments that a student has utilised during their studies are available in a work context as well. Don’t be afraid to ask a potential employee about any adjustments they require (these will vary from person to person).

DDA and employment

Part II of the DDA came into force on 2 December 1996 and makes it unlawful for an employer to treat a disabled applicant or employee less favourably than others because of their disability. Until October 2004, the Act covered all employers with 15 or more employees except some professions, such as the police and armed forces.

From October 2004, employers with fewer than 15 employees are also covered, including many of the previously excluded professions such as the fire, police and prison services. However, serving members of the armed forces will not.

Under the Act the employer has a duty to make 'reasonable adjustments' if a disabled applicant or employee is at a substantial disadvantage in relation to others. The duty applies both to physical features of the employers' premises, e.g. buildings, fittings and equipment and to all aspects of employment including; recruitment and selection, training, transfer, career development and retention. If a disabled person has grounds to believe they have been discriminated against by an employer they can take the organisation to an Employment Tribunal to seek compensation. Alternatively they can seek a resolution through a conciliation process through bodies such as ACAS.

Discrimination against your employees

It is against the law for an employer to discriminate against a disabled worker because of his or her disability:

• in their terms and conditions of employment
• in chances for promotion, transfer, training or other benefits, and/or by refusing to give them these chances
• by dismissing them unfairly
• by treating them less fairly than other workers.

These are examples of reasonable adjustments in recruitment and employment given in the Act (this is not an exhaustive list):

• making adjustments to premises
• reallocating part of a job to another employee
• transferring the disabled person to fill an existing vacancy
• altering the person's working hours
• assigning the person to a different place of work
• allowing absences during working hours for rehabilitation, assessment or treatment
• supplying additional training
• acquiring special equipment or modifying existing equipment
• modifying instructions or reference manuals
• modifying procedures for testing or assessment
• providing a reader or interpreter
• providing additional supervision

When is it reasonable for me to make an adjustment?

The DDA lists a number of factors which may, in particular, have a bearing on whether it will be reasonable for the employer to have to make a particular adjustment - these are:

• how effective adjustment is in preventing the disadvantage
• how practical it is
• the financial and other costs of the adjustment and the extent of any disruption caused
• the extent of the employer's financial or other resources
• the availability to the employer of financial or other assistance to help make the adjustment.

The case for employing disabled people

Economic success and social justice are not separate aims, but closely linked objectives. Everyone needs the chance to reach their full potential. This will help build an inclusive and fair society and it will lead to economic prosperity.

There are good business reasons for employing disabled people. Most disabled people can work alongside their non-disabled colleagues without any, or with very little, special assistance. Others may need some adjustment to the working environment or working practices. But these adjustments can be straightforward and often inexpensive to implement.

Research has clearly demonstrated that there are benefits to employers of employing disabled people:

• having disabled people in the recruitment pool offers more choice
• employers have found that disabled employees stay in the job for longer, and have a strong commitment to work, as well as good punctuality records and low absentee rates
• keeping an employee who becomes ill or disabled at work generally costs less than having to recruit and train someone new
• employing disabled people can help increase the number of disabled customers using a business service, and increase staff morale, sincecustomers will view the organisation as more representative and diverse
• often the adjustments made toassist a disabled employeecan bring benefits for other employees and customers.

Naturally employers want the best person for the job. The DDA does not interfere with this. Complying with the DDA will ensure that you do not discriminate against employees on the grounds of disability and employ the right person for a job. It will also help you to foster good relations with your employees by demonstrating that you offer employment on an equal footing for all employees, regardless of any disabilities they may have.

Adopting good practice and complying with the duties and requirements of the DDA reduces the risk of costly litigation and bad publicity. Failing to do so could mean that you are brought before an employment tribunal.

Access to Work

The Access to Work programme is a government funding scheme run by Jobcentre Plus. It provides financial assistance towards the extra costs of employing someone with a disability. It is available to unemployed, employed and self-employed people and can apply to any job, full-time or part-time, permanent or temporary.

The type of support available includes:

• a communicator at a job interview for people who are deaf or have a hearing impairment
• a reader at work for someone who is blind or has a visual impairment
• a support worker if someone needs practical help because of their disability, either at work or getting to work
• adaptations to a vehicle, or help towards taxi fares or other transport costs if someone cannot use public transport to get to work because of their disability
• equipment (or alterations to existing equipment) necessary because of an individual's disability
• alterations to premises or a working environment necessary because of a person's disability.

The funding available depends on the employment status of the disabled individual at the time of application.

unemployed people starting a job and all self-employed people

the programme will pay up to 100% of all approved costs

people changing jobs

the programme will pay up to 100% of all approved costs

employed people who have been with the employer for six weeks or longer

Access to Work will not make any contribution to costs below £300. Above this sum, the programme will pay up to 80% of the costs up to £10,000 and up to 100% of the costs above £10,000

travel to work

the programme will pay up to 100% of all approved costs irrespective of employment status

communicator support at interview

the programme will pay up to 100% of all approved costs irrespective of employment status.

a support worker

the programme will pay up to 100% of all approved costs irrespective of employment status

Access to Work funding is made available for up to three years. A review of an individual's circumstances and support needs will take place if further funding is needed after this time.

Further Information

The Access to Work programme is administered by Jobcentre Plus. www.jobcentreplus.gov.uk/cms.asp?Page=/Home/Customers/HelpForDisabledPeople/AccesstoWork

Note: Access to Work funding is not available retrospectively. It will not refund any payments that have already been made towards the cost of reasonable adjustments.

Responsibilities of Employers

Employers have a legal responsibility to take reasonable steps to prevent unlawful discrimination. This responsibility should apply to recruitment, selection, training, promotion, dismissal and redundancy policies and practices. Although it is not a legal requirement a written equal opportunities policy shows a commitment to developing non-discriminatory personnel practices.

Resources

Directgov

A wide range of public service information. Use in conjunction with «Disability».

Disability Rights Commission

An independent body working towards the elimination of discrimination against disabled people.

Diversity Milkround

Aiming to promote awareness of diversity issues in the workplace. The site also offers all jobseekers and employees a wealth of information and advice organised into six sections.

Good practice in writing references for people with disabilities.

The Association of Disabled Professionals

The Employers’ Forum on Disability

The world’s leading employers’ organisation focused on disability as it affects business. The guest area includes information on the Forum, publications, events and information on the DDA.

Scope

Scope has comprehensive information for employers.

The Shaw Trust

The Shaw Trust is a national charity that provides training and work opportunities for people who are disadvantaged in the workplace due to disability, ill health or other social circumstances. They also offer guidance to employers regarding disabled applicants.