Employment of Disabled Persons

Disability Discrimination Act Part 2 - Briefing: PS/864

Employment of Disabled Persons

To all members of the University and, in particular, Deans, Heads of Department and others responsible for the recruitment, appraisal, promotion and development of staff.

Purpose

The purpose of this briefing paper is:

• to highlight the employment provisions of the Disability Discrimination Act
• to give practical guidance on the employment of disabled persons at the University.

Scope

All members of the University have an obligation to comply with the Act and to observe the University's Equal Opportunities Policy. Consistent with its existing Equal Opportunities Policy the University seeks to create an environment where all staff have the same opportunities regardless of disability. Those responsible for decisions on recruitment, promotion and training have a particular obligation to make sure the requirements of the Act are observed.

How should they act?

Exercise care when designing jobs and person specifications to ensure that the requirements can be justified. Detailed written person specifications are essential to the recruitment process and should be used as the basis for subsequent selection decisions.

Carefully examine job applications received and give due consideration to disabled applicants, focussing on their abilities.

Offer an interview to all disabled applicants who meet the basic requirements of the job (this is consistent with the Employment Department's Positive about Disabled People initiative and acknowledges the under-representation of disabled people in the University's work-force).

Consider what adaptations could be made to the working environment or job design to accommodate a disabled person - ask the disabled person for their views.

Seek help from Personnel Services (Colin Clements Ext. 92159) on how to access advice and resources to assist with these tasks.

The Law and its implications.

The Disability Discrimination Act makes it unlawful to treat a disabled person less favourably than someone else because of their disability, unless there is a good reason for doing so. The act covers employment, provision of goods, facilities, services and property, transport and education. As with provisions for discrimination on the grounds of sex and race, any individual who feels they have been the subject of discriminatory practice has the right to complain to an employment tribunal.

What action are we required to take?

The University will act unlawfully if it treats a disabled person less favourably than others for reasons connected with the disability unless there is a good reason, which must be substantial and material to the particular case. This will apply in the selection process, in dismissal, during employment, and in opportunities for promotion, transfer and training. Also, in order to help the disabled person to do the job, the Act places a requirement on the University to examine what changes could be made to the workplace or to the way in which the work is done and to make reasonable adjustments to remedy the situation. The following examples are given in the Act:

1. making adjustments to premises;
2. allocating some of the disabled person's duties to another person;
3. transferring him/her to fill another vacancy;
4. altering his/her working hours;
5. assigning him/her to a different place of work;
6. allowing him/her to be absent during working hours for rehabilitation, assessment or treatment;
7. providing training;
8. acquiring or modifying equipment;
9. modifying instructions or reference manuals;
10. modifying procedures for testing or assessment;
11. providing a reader or interpreter;
12. providing supervision;

The University will not, however, be required to make adjustments which are unreasonable. Factors to be considered include the value of adjustments to the disabled employee, disadvantages caused to other employees and the costs involved. The University needs to be able to show that the treatment of the disabled person was "justified" in the circumstances.

Guiding Principles

The Government has issued guidance to employers on how to interpret and apply the Act in its Code of Practice on the Employment of Disabled Persons; it offers the following guiding principles:

Be flexible: "There may be several ways of avoiding discrimination in any one situation ... Many ways of avoiding discrimination will cost nothing".

Avoid making assumptions: "It will probably be helpful to talk to each disabled person about what the real effects of the disability might be or what might help. There is less chance of a dispute where the person is involved from the start".

Consider where expert advice is needed: ".... it could help in some circumstances to seek independent advice on the extent of a disabled person's capabilities...... it may also help to get advice on what might be done to change premises or working arrangements, especially if discussions with the disabled person do not lead to a satisfactory solution".

Plan ahead: "when planning for change it could be cost effective to consider the needs of a range of possible future disabled employees and applicants. There could be helpful improvements built into plans".

Promote equal opportunities: "Employers who have, and follow, a good policy - including monitoring its effectiveness - are likely to have that counted in their favour by a tribunal if a complaint is made".

What help is available to overcome specific problems?

The Employment Service employs a Placement and Assessment Counselling Team and Disablement Employment Advisers (based at job centres) whose role is to advise the disabled person and the University on employment opportunities for the disabled. Their work includes the administration of the Access to Work scheme, which will provide financial assistance to a disabled person on recruitment, if necessary, and support towards retaining an employee who becomes disabled. Assistance under the scheme might include, for example, the provision of communicators for those with hearing impairments; assistance at work for someone who is blind, equipment purchases or adaptations, expenses for travel to work or alterations to premises.

Advice is also available on becoming a Positive about Disabled People symbol user or on assisted places schemes (where a sponsor pays a contribution to the cost of employment). For further information on how to access any of these services contact Colin Clements, Personnel Services Ext. 92159.

Personnel Services

June 1998

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