Embed Size (px)
Citation preview
Achieving Excellence
Through People
Disability in Local CouncilsEmployability Seminar
Tuesday 1 December 2009
Achieving Excellence
Through People
Welcome and Introduction
Lorna ParsonsProfessional Officer
Local Government Staff Commission for NI
Achieving Excellence
Through People
Employability – the law and good practice
Paul OakesManager
Equality Commission for NI
DISABILITY DISCRIMINATIONIN EMPLOYMENT
A GUIDE TO THE LAW AND GOOD PRACTICE
30 November 2009
European Community Law
Council Directive 2000/78 EC
Domestic Law
1. Disability Discrimination Act 1995as amended by-
(a) Disability Discrimination (Meaning of Disability) Regs (NI) 1996
(b) Disability Discrimination Act 1995 (Amendment) Regs (NI) 2004
(c) Disability Discrimination (NI) Order 2006
2. Special Educational Needs & Disability (NI) Order 2005
LEGISLATION
Additional Public Sector statutory duties
• Section 75 of the Northern Ireland Act 1998
Includes a duty to have due regard to the need to promote equality of opportunity between persons with a disability and persons without.
• Section 49A of the DDAImposes a duty to have due regard to the need to promote positive attitudes towards disabled people and to encourage participation by disabled people in public life.
LEGISLATION
Under the DDA a person is deemed to be
disabled if he/she has or has had:
a physical or mental impairment which has a substantial and long-term adverse effect on his/her ability to carry out normal day-to-day activities.
DEFINITION OF “DISABILITY” / “DISABLED PERSON”
It is unlawful for employers to discriminate
against, or harass, disabled persons who
are-
• seeking, or applying, for work;• current, or former, employees;• contract workers;• undertaking practical work experience.
DISCRIMINATION BY EMPLOYERS
1. Direct discrimination Less favourable treatment on the ground of the
disabled person’s disability
2. Disability-related discrimination Unjustified less favourable treatment for a reason
that is related to the disabled person’s disability
3. Failure to comply with a duty to make reasonable adjustments
4. Harassment
5. Victimisation
5 Forms of Disability Discrimination
Harassment occurs where-
a disabled person is subjected to unwanted
conduct which is related to his/her disability
and which has the purpose or effect of:
• violating his or her dignity, or which
• creates an intimidating, hostile, degrading, humiliating or offensive environment for him or her.
Harassment
The duty is triggered where:
• a provision, criterion or practice applied by the employer, or where
• any physical features of the employer’s premises
• places the disabled person concerned
• at a substantial disadvantage in comparison with persons who are not disabled
DUTY TO MAKE REASONABLE ADJUSTMENTS
Where the duty is triggered, the employer is
required
• to take such steps as it is reasonable for him to have to take
• in all the circumstances of the case• in order to prevent the provision, criterion or
practice or physical feature in question• from placing the disabled person at the
substantial disadvantage
DUTY TO MAKE REASONABLE ADJUSTMENTS
CORE COMPONENTS
• Keep an open mind / use imagination
• Is it practical? / Will it be effective?[see factors outlined in next slides]
• How to assess these-
• consult the disabled person about his/her needs• obtain expert advice, where appropriate• use trial periods to test effectiveness• review periodically
ASSESSING REASONABLENESS
Achieving Excellence
Through People
Employability – options
Robert Cairns, Consultancy Manager
Frances McGirr, Employment Team Leader
Paul McGowan, Equality Officer
Mencap
Achieving Excellence
Through People
Employability – assistance for employers
Jim McGinley
Access to Work Advisor
Disablement Advisory Service
Access to Work (NI)
AtW
Jim McGinley AtW Adviser
• Unemployed people
• People in work who acquire a disability or whose disability progresses
• People whose job circumstances change within work
• People who move to a new employer
WHO WE CAN HELP
DOES NOT PROVIDE FOR-
• Support that employers normally provide for non-disabled employees
• The normal costs of setting up, running or expanding a business
• Specialist support needed,due to the nature of the business
• Any business benefit
TO BE ELIGIBLE CLIENTS MUST-
• Need support at a job interview or in new or existing work
• Need support to progress in or take up work
• Live in and have a job in Northern Ireland
• Not be in receipt of Incapacity Benefit, SDA or Sickness Benefit
• Not be under 16 years old
ELEMENTS OF ACCESS TO WORK
• Communication Support at Interview
• Special Aids and Equipment
• Adaptations to Premises and Equipment
• Travel to Work
• Support Worker
• Miscellaneous
COMMUNICATION SUPPORT AT INTERVIEW
For people who are deaf or have a hearing impairment and need communication support at interview - we
meet the full costs
SPECIAL AIDS AND EQUIPMENT
We contribute towards the cost incurred in providing special equipment to meet
particular work needs arising from disability
ADAPTATIONS TO PREMISES AND EQUIPMENT
We contribute towards the cost the employer incurs in modifying premises and equipment to facilitate a
specific disabled employee
TRAVEL TO WORK
We contribute towards the client`s additional cost of getting to and
from work if they cannot use public transport
SUPPORT WORKER
We contribute towards the cost of employing a support worker if
practical help is needed either at work or getting to and from work
MISCELLANEOUS
• Specific disability awareness training
• Costs of in-work travel costs
FOR FURTHER INFORMATION CONTACT
Jim McGinley
Access to Works Adviser
South Eastern Region
Jobs and Benefit Office
Castlewellan Road
Banbridge
BT32 4AZ
028 406 20800
Achieving Excellence
Through People
Employability – assistance for employers
Margaret Harkin
Assistant Manager
Employers for Disability NI
Achieving Excellence
Through People
Employability – valuing disabled employees
Laura McCartneyEmployment and Training Support Manager
Disability Action
31
Disability in Local Councils Initiative
Valuing Disabled Employees
32
Disability Action
Disability Action works to ensure that people with disabilities attain their full rights as citizens by supporting inclusion, influencing government policy and changing attitudes in partnership with disabled people
33
Disability Action Services
• Access
• Mobility Centre
• Transport
• Information & Policy
• Training
• Employment and Training
• Centre on Human Rights
• Community Development
• Count us in
34
Training Support
• Supporting 400 young people with disabilities in mainstream training
• Delivering individualised support on work placement
• Disability Awareness Training• Job coaching• Natural Supports
35
Workable NI
Supporting people with disabilities in employment with an individually agreed package of support
• Monitoring reasonable adjustment • Assistance with development costs• Liaison with support
networks • Building work skills • Training for employer
36
Disability Statistics
• 1 in 5 adults in Northern Ireland has a disability
• 1 in 4 families here are affected by disability• A person with a disability is 3 times more
likely to be unemployed• 70% of people acquire their disability during
working life
37
Reasonable Adjustments-Recruitment and Selection
• Attracting Disabled Applicants • Develop partnerships with support
organisations • Short-listing• Interviewing Disabled Applicants• Don’t make assumptions – seek clarification
from the individual• Introduce positive actions
38
Reasonable Adjustments - To the Job
• Flexible working/adjustments to hours• Re-allocation of duties/internal transfer• Additional training or supervisory
support• Aids and adaptations/physical
adjustments• Adjustments to policy/procedures
39
“Employee views”
Some very positive experiences, some negative
Inconsistent – perception of high dependence on line manager’s attitude
Managers and co-workers generally supportive
Reluctance by some individuals to request reasonable adjustment
Perception that some requests were reluctantly received
40
Reasonable Adjustments - Entry Level Jobs?• Track career progression• Actively encourage disabled
employees to apply for training and promotion
• Ensure that information on training is accessible to disabled employees
• Ensure training delivery is accessible
41
Reasonable Adjustment- Performance Issues
• Train managerial/supervisory staff• Disability equality training for staff
responsible for appraisal• Ensure appraisal system takes account
of reasonable adjustments • Ensure sick absence and performance
management processes are compliant
42
Cont.
• Ensure staff are aware of internal and external supports
• Seek information from your disabled employee re reasonable adjustments
• Consider additional reasonable adjustments to improve performance
43
Positive suggestions –by disabled staff • Proactive consideration of potential
adjustments at one to one or staff appraisal.
• Reassure that a positive view will be taken of requests for practical adjustments.
• Designate and publicise a contact point for staff to access information and advice on reasonable adjustments and employment issues.
44
cont.• Train line managers on the implications of
the DDA and the employer’s equality policies.
• Disability Equality Training should be included as part of the induction programme for all staff.
• Encourage/offer confidence building for employees with disabilities to apply for training/promotion.
• Ensure reasonable adjustments do not have an unforeseen negative impact on training or promotion.
45
Good Management
Success depends not only on policies but on
people
• Support and supervision• Staff appraisal• Positive working relationships• Engagement with staff• Developing staff to their full potential
46
Inclusion and Engagement
• Consult disabled employees• Train supervisors and co-workers• Consider an employee focus group• Monitor the effectiveness of
reasonable adjustments• Communicate with employees and
other stakeholders
47
Access to information
• Accessibility issues for general information• Disability specific
– Adjust policies and procedures– Develop disability policy
• Avoid good practice silos• Listen to disabled employees• Information network
48
Disability Champion
• One point of contact• High level commitment• Focus for
– Engagement with disabled staff– Sharing best practice on reasonable
adjustment– Driving positive actions– Development of networks
Achieving Excellence
Through People
Support for Champions– training package
Based on Disability Champion Role Specification
Achieving Excellence
Through People
Training and Support Package
Disability Equality Training
Effective Consultation with people with disabilities
Training on the role of the Disability Champion
Managing Disability in the Workplace
Achieving Excellence
Through People
Any other needs to perform the role of Disability
Champion effectively?
Achieving Excellence
Through People
Question and AnswerSession
