Policy statement / The Office of the Police and Crime Commissioner (OPCC)will ensure employees and applicants who require adjustments to their work practices and arrangements due to a disability are treated in compliance with the Equality Act. This policy defines the OPCC’s obligations in relation to the Equality Act when considering and making reasonable adjustments.
Scope / All employees of the OPCC.
Policy outcomes / The aims of this policy are to:
- define the OPCC’s obligation to consider adjustments and to make adjustments where reasonable
- provide managers with information to ensure reasonable adjustments are considered and made in the correct way
Check which policy to use / Absence from work due to sickness should be addressed using the Managing Sickness Absence Policy.
Key definitions / A person has a disability for the purposes of the Equality Act if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
Physical or mental impairment – includes sensory impairments such as those affecting sight or hearing. The term ‘mental impairment’ is intended to cover a wide range of impairments related to mental functioning, including learning disabilities and mental health.
Long-term – means that the impairment has lasted, or is likely to last, for at least 12 months or for the rest of the person’s life.
Substantial – means more than minor or trivial. If measures are taken to treat or correct an impairment (other than the use of spectacles or contact lenses) and, but for those measures, the impairment would be likely to have a substantial adverse effect on the individuals ability to carry out normal day to day activities, it is still to be treated as though it does have such an effect. This means that hidden impairments (such as mental illness or mental health conditions, diabetes and epilepsy) may count as disabilities where they meet the definition in the Act.
Normal day to day activities – are activities carried out by most people on a fairly regular and frequent basis. Day to day activities include but are not limited to walking, driving, lifting and carrying everyday objects, typing, writing, going to the toilet, talking, listening to conversations or music, reading, taking part in normal social interaction or forming social relationships, caring for one’s self and those activities relevant to working life.
A reasonable adjustment – is an alteration that an employer can make that enables a disabled person to continue to carry out their duties without being at a disadvantage compared to others.
Auxiliary aid – is something which provides support to a disabled person such as an adapted keyboard, text or speech software or auxiliary services such as a sign language interpreter or a support worker.
Two ticks scheme - the two ticks symbol is awarded by Jobcentre Plus to recognise employers who have agreed to meet five commitments regarding the recruitment, employment, retention and career development of a person with a disability. It is represented by the two ticks disability symbol that participating organisations are authorised to display.
Direct discrimination - occurs when someone is treated less favourably than another person because of a protected characteristic they have or are thought to have, or because they associate with someone who has a protected characteristic.
Indirect discrimination - occurs where the effect of certain requirements, conditions or practices imposed by an employer have adisproportionately adverse impact on one group compared to another.
What the law says / The Equality Act 2010 – prohibits discrimination in the workplace and in wider society by reducing inequality. This means that some individuals with a protected characteristic may be treated more favourably in order to achieve equality. The protected characteristics are; age, disability, gender re-assignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
Where an employee meets the definition of disability under the Equality Act 2010, the act requires employers to consider adjustments to working practices and environments and to make them where reasonable. This is so that an employee or applicant with a disability is not disadvantaged.
Prohibited conduct relating to a protected characteristic includes:
- direct and indirect discrimination
- harassment
- victimisation
- discrimination arising from disability and the duty to make reasonable adjustments
Principles / The duty to consider adjustments and make them where reasonable applies to all employers.
Duty to consider/ make reasonable adjustments / The duty to consider/ make reasonable adjustments applies to;
- advertising posts
- applicants at recruitment and selection stage
- all stages of employment and dismissal
- post employment (e.g. appeal against dismissal)
When assessing the reasonableness of an adjustment, the following is taken into account;
- the disabled person’s circumstances
- the OPCC’s resources
- the effectiveness, practicality and the extent of any disruption caused by making the adjustment
- changing our policies or practices
- overcoming/ removing a physical feature which is a barrier to access by altering or removing the feature or providing the service by an alternative method
- providing additional aids and services
Informing of a disability / The employee or applicantis encouraged to inform their manager of their disability so that health and safety requirements and consideration of reasonable adjustments can be made.
Two ticks scheme / The OPCC complies with the commitments of the two ticks scheme.
Health and safety / A health and safety risk assessment must be completed to assess if there are any risks/ implications to the current role that need to be addressed. The risk assessment must consider;
- the health and safety of the employee or applicant
- any increased risk that a reasonable adjustment may cause colleagues
- any increased risk to a colleague that may arise due to additional tasks being allocated to them as a result of a reasonable adjustment
Referral to Health and Wellbeing Service for advice / The manager mustconsider whetherto seek advice from the Health and Wellbeing Service. Advice can be sought through the Manager’sAdvice Line.
The Health and Wellbeing Serviceprovides advice on whether the employee is likely to be covered by the Equality Act and suggests types of reasonable adjustments that may be suitable.
Access to Work / Access to Work is a disability employment programme run by Jobcentre Plus which provides financial support to disabled people.
The applicant or employee is responsible for contacting Access to Work where appropriate. Access to Work conduct a workplace assessment and make recommendations on possible reasonable adjustments.The manager must refer to these recommendations when considering and making reasonable adjustments.
Access to Work may provide funding to help with the cost of reasonable adjustments where the employee meets the eligibility criteria.
Cost of reasonable adjustments / The department in which the applicant has applied or in which the employee works is responsible for the costs of putting any reasonable adjustment in place.
Access to Work may also assist with the cost of reasonable adjustments.
Reviewing reasonable adjustments / Reasonable adjustments must be reviewed on an annual basis.
A decision not to implement a reasonable adjustment must also be reviewed on an annual basis.
Moving roles within the OPCC / Where an employee moves role within the OPCC, the new manager must reassess any adjustment already in place to consider whether it is still required (or needs amending) and whether it is still reasonable given the change of working environment and role.
Redeployment / In the exceptional circumstance that an adjustment in the role is not possible or reasonable, the employee is considered for redeploymentaccording to the Managing Sickness Absence or Managing Performance Policies.
Related documents / To help with the application of this policy it may be useful to read the following:
- Redeployment Policy
- Two ticks scheme
Support / Employees:
Queries should be directed to your line manager.
A confidential counselling service is provided by the Wellbeing helpline who can be contacted on 023 8062 6606 or by emailing
Your trade union or professional association may be able to provide you with additional support.
Access to Work – London (for South East England and East England)
Telephone: 020 8426 3110 / Textphone: 020 8426 3133
Managers:
Further information is available in the Managers’ How to guide – Reasonable Adjustments.
Advice on remaining policy queries can be directed to HR Operations.
Heath and Wellbeing advice can be obtained from the Manager’s Advice Line.
Policy
Governance
Hantsfile reference: / 6956613Date of publication: / V1 – November 2014
Planned review date: / 3 years or sooner if required
Owner: / HR Operations
Employees of non Office of the Police and Crime Commissionerbodiesare excluded from this policy and should refer to their own employer’s policies and procedures.
Reasonable Adjustments Policy / Page 1 of 6