June 2013

Participants briefing: ILiS Solutions Series – Disability harassment in the workplace

Where: Carrington Suite, Scottish Health Service Centre,Crewe Road South,Edinburgh,EH4 2LF

When: Thursday 8th of August from 12.45 – 16.15

Follow the discussion on Twitter #thesolutions

  1. Practical arrangements

Please arrive at the Carrington Suite of the Scottish Health Service Centreby 12.30.

Lunch will be served between 12.45 and 13.15. The discussion will run from 13.15 to 15.45. There will be a short comfort break. You are invited to stay for a networking drinks reception from 15.45 – 16.15.

  1. About ‘The Solutions Series’

The Independent Living in Scotland (ILiS) project is working with the Scottish Government, disabled people and other key stakeholders on the strategic interventions that will make independent living the reality for disabled people in Scotland (see appendix 1 for detail on independent living and human rights).

“The Solutions Series” which is hosted by ILiS is a series of solution focused discussions – ‘pop up think tanks’ – designed to bring together Disabled People’s Organisations (DPOs), decision makers, academics, public service leaders and other key experts from across Scotland and beyond. Each pop up Think Tank in The Solutions Series will consider, and seek solutions to, a specific issue which has been identified as preventing or hindering progression of independent living in Scotland.

Each Solutions Series discussion results in a report capturing the solutions offered. This will be used to promote wider awareness and understanding of the issue and to initiate, influence and direct change at national and local levels– more detail on the Solutions Series is provided in appendix 2.

“Disability Harassment in the Workplace is the 4th pop up Think Tank in the series”. A list of invited participants is provided at appendix 3.

  1. Focus of the pop up think tank

A combination of desk based research and conversations with stakeholders, in particular disabled people, helped determine the specificemphasis for the discussion ahead. It found that“Bullying and harassment…are key barriers to workplace culture”[1](see appendix 4 for detail):

  • 1in 5 adults are disabled, 46.9% are in work, compared to 71% non-disabled adults[2]
  • Whilst the employment rate gap between disabled and non-disabled people has decreased since 2002[3] the gap is especially marked in some professions more than others e.g. in senior management, the professions (including medicine), construction trades, engineering and IT, the arts and media, food, and hospitality. The employment gap is less wide in clerical jobs (especially in the public sector), nursing and caring, shop and sales work, and cleaning
  • 68% of employed disabled people in Scotland work in the private sector, while 32% work in the public sector[4]
  • the number of people over 50 who remain in work after acquiring impairment has increased since 2001[5]
  • reduced or modified working hours, duties and work areas/buildings were all seen as ‘enablers’ to work; anxiety and attitudes of employers and colleagues were considered barriers to getting and staying in work for disabled people[6]
  • attitudes to disabled people at work are dismissive
  • Attitudes towards disabled people in general are getting worse[7]
  • Hate crime against disabled people is more prevalent[8]
  • Prejudice is commonplace
  • Relationships with management and colleagues are often typified by suspicion and discomfort
  • People continue to experience ‘harassment’ when off work e.g. from managers
  • Work cultures are fundamentally exclusive
  • Colleagues resent support/adjustments for disabled people such as periods of absence and see these measures as ‘favouritism’

The cumulative impacts for disabled people are profound and wide-ranging:

  • It causes fear– disabled people are afraid that they will be discriminated against at work and become anxious about attending or returning to work following absence
  • It means they are less likely to reveal their ‘disability status’at workand they are not able to realise their full potential as they don’t receive the support they need from employers – they become afraid to ask for help that would benefit them and their employer
  • All this, against back drop of welfare reform and a ‘back to work’ push

This pop up think tank will seek to address these issuesby considering:

a)What needs to change?

b)What action could we take today and what could we do in the future?

c)Who can help?

  1. Format of the think tank (more information available in Appendix 2)

The Solutions Series offers a high level space for discussion between invited participants, to consider a specific issue in relation to the realization of independent living and to seek solutions in the area.

Youare invited because of;your interest and experience in the area, your ability to use this to suggest solutions for the way forward and;your ability to participate in making change happen.

Each participant will take part on an equal basis; therefore, there will be no need for you to prepare presentations ahead of the think tank. The format will be a round table discussion. Please do however, use this briefing – and in particular appendix 4 – to help you to ‘come prepared’ with some suggested solutions for change – and if you need any further information to help with this, do not hesitate to get in touch (contact details at section 5 below).

The chair will open thediscussion, with introductions; to participants and to the reason the subject has been chosen; and outline what is expected from the event – including confirmation of understanding, highlighting possible areas of contention and common ground.

The chair for ‘The Solutions Series: Disability Harassment in the Workplace’, is Muriel Robison[9].

The think tank will identify a series of suggested ways forward and will highlight possible next steps. There will also be a report of the think tank. This report will not attribute any particular suggestion or quote to an individual it will be anonymised to support free flowing discussion. You will have an opportunity to comment on this report before it is published.

  1. Contacts

Both Pam Duncan (Policy Officer) and Heather Fisken (Manager) will be available on the day.

Contact number on the day: Pam 0786 226 3081

Email address: or

Website:

As well as visiting our website, why not call in on us via Facebook and Twitter (#thesolutions) and tell us your independent living news and views? Don’t forget to like us!

@independentlivinginscotland@ilisproject
Appendix 1

Independent living, equality and human rights – an understanding

Independent Living is defined by disabled people themselves as meaning “disabled people of all ages having the same freedom, choice, dignity and control as other citizens at home, at work, and in the community. It does not mean living by yourself, or fending for yourself. It means rights to practical assistance and support to participate in society and live an ordinary life”.

For many disabled people, this practical assistance and support (such as access to the environment, advocacy, personal assistance, income, and equal opportunities for employment), underpinned by the principles of independent living, freedom, choice, dignity and control is essential for them to exercise their rights and duties of citizenship, via their full and equal participation in the civic and economic life of Scotland.

Without it, many disabled people cannot; enjoy the human rights they are entitled to[10] on an equal basis to others – as set out in the Human Rights Act and the European Convention of Human Rights, live free from discrimination and harassment as the Equality Act 2010 promotes, nor contribute to a wealthier and fairer, healthier, safer and stronger, smarter and greener Scotland[11].

Independent living thus promotes a modern understanding of disability and disability equality that can support policy and practise to protect the human rights of disabled people. It achieves this by recognising the essential role of “material support” in ensuring disabled people can “participate in society and lead an ordinary life”.

The role independent living plays in protecting the human rights of disabled people is recognised and underpinned by international human rights and equalities obligations to which the UK and Scotland are party to; including the recognition that all of the rights outlined in the ECHR and Human Rights legislation belong to disabled people, and that these are further strengthened and contextualised by the rights set out in the UNCRPD.

Appendix 2

An introduction to “The Solutions Series”

Independent Living in Scotland (ILiS) was established in 2008 to strengthen and develop the Independent Living Movement throughout Scotland and to support the involvement of disabled people in shaping approaches to independent living.

We know that policy and practice work best when those who have interest in a subject come together to share knowledge, expertise, ideas and experience and to develop collaborative responses and activity.

ILiS will host a series of subject-specific ‘pop up think tanks’[12], as part of The Solutions Series, between March 2012 and April 2015. This note provides a brief overview of the purpose and format of these. Separate pre-event briefings are provided on the specific subjects being discussed, as and when appropriate.

Aims and outcomes

The Solutions Series aims to support meaningful, solution-focussed and strategic-level discussion across a range of perspectives by hosting a series of subject-specific pop up think tanks and reporting these. It is hoped is that mutual engagement is increased, through the sharing of perspectives and knowledge. To support this, the pop up think tanks will use the principles and practices of coproduction. They will be safe spaces, where people with different perspectives can talk freely and openly – protecting this, the reports will not align comment to specific individuals. Working in this way will mean that future action on and reaction to the subject will be better able to take account of and respond to different, indeed, opposing, views in a way that supports the honesty and integrity needed to drive forward change.

It is hoped that in doing this; disabled people, their organisations, policy makers and other key ‘movers and shakers’ e.g. sectoral leaders, academia; will be better equipped to collaborate again; including when appropriate drawing on cross-border perspectives. Both the think tanks themselves and the resulting reports will be used as opportunities to influence change on independent living.

Subjects

There are many possible subjects for the pop up think tanks. The aim is that they will focus on strategic and timely issues that would benefit from the cross-sectoral engagement approach suggested, particularly where there are significant areas of divergence in thinking.

The pop up think tanks will be both pro-active; addressing issues of strategic importance for the furtherance of independent living; and reactive; responding to particular strategic policy/piece of research/reports/societal reaction on a given area, of relevance to independent living.

In line with the agreed ILiS business plan, some of the subjects will be suggested by ILiS and will likely focus, although not exclusively, on the wider work of the national programme on independent living[13]. However, it is hoped that others may consider the Solutions Series as an opportunity to address specific issues. While resource limitations mean that it may not always be possible to take up suggestions, ILiS welcome an approach to ILiS to instigate a pop up think tank on a particular subject as part of the series.

Format

The Solutions Series will pull together experts in a particular area to respond to a given subject, agenda or consultation, in a one-off think tank on the subject. Participants will be targeted for their expertise, their capacity to effect change and their capacity to represent their community of interest. They will be asked to come up with; through sharing expertise, innovation and dialogue; some of the potential solutions – including cross-sectoral responses to and suggestions for policy, practise, research and legislative change – to sometimes quite contentious issues that create barriers to the realisation of independent living.

Chairs will be people with an in depth knowledge in the specific area concerned. Their role will be to keep the discussion flowing, on topic and solution focused.

It is expected that there will be between 10 and no more than 20 people at each pop up think tank. This is to help ensure that in depth discussion is possible. Participants will be asked to come with an informed, learned opinion on the subject matter, taking account of the people they represent if and where appropriate. Each participant will take part on an equal basis, there will be no need for participants to preparepresentations ahead of the think tank. The format will be round table discussion.

Think tanks will usually last for half a day, with lunch in the middle.

The chair will open with introductions; to participants and to the reason the subject has been chosen; and outline what is expected from the event – including confirmation of understanding, highlighting possible areas of contention and common ground. The chair will also ensure the think tank is solution focussed, they will encourage people to identify specific suggested ways forward and – where appropriate – will highlight next steps, including possible future actions needed.

The report will be drafted shortly after the think tank and participants will have an opportunity to comment on this, before it is published. They will be advised of timescales for this.

The role of the ILiS project in the Solution Series

ILiS will host the Solutions Series, providing facilities and secretariat support. This will include: developing, including in partnership with others, the strategic focus of the pop up think tank; providing pre-meeting briefings; facilities and support for participation; setting the date, time and venue; taking notes, including action points; and circulating a report. They may also take part in the series, where appropriate.

Briefings issued ahead of the pop up think tanks will include the purpose of them including the motivation to host it; details of the relevant background and context; and the relationship between the subject and independent living.

For more information, including to be added to the mailing list for reports:

Email:

Phone: 0141 248 1943

ILiS Project Team2013

Appendix 3

List of invited participants to ‘The Solutions Series: disability harassment in the workplace’

Marco / Biagi MSP / Scottish Parliament / MSP for Lothian Region and Depute Convenor of the Equal Opportunities Committee
Colin / Borland / Federation of Small Businesses / Head of External Affairs
Chris / Bradshaw / Chartered Institute of Personnel and Development / Member of the CIPD's Senior Diversity Network
Stephen / Brookes MBE / Disability Hate Crime Network / Chair
Richard / Cornish / Department of Work and Pensions / Director of Work Services Scotland, DWP
Pippa / Coutts / Scottish Union of Supported Employers / Supported Employment Development Consultant
Eileen / Dinning / Unison Scotland / Scottish Equalities Officer
Derek / Feeley / NHS Scotland / Director General
John / Finnie MSP / Scottish Parliament / Convener of Scottish Govt Cross Party Group on Human Rights
Tanya / Gilchrist / Shaw Trust Scotland / Head of Services
Susan / Grasekamp / SDEF / Chief Executive Officer
Avril / Hepner / British Deaf Association / Community Advocacy & Development Officer
Derek / Kelter / Momentum Scotland / Equalities Manager
Wendy / McAuslan / VOX / Development Manager
Prof Alan / McGregor / National Delivery Group and Scottish Employability Forum / Chair National Delivery Group
Rt Hon Anne / McGuire / UK Parliament / MP for Stirling and co-chair of the UK Parliaments All Party Parliamentary Disability Group
Paul / McKelvie OBE / UK Commission for Employment and Skills / Scotland Commissioner to the UK Commission for Employment and Skills
Dave / Moxham / Scottish Trade Union Congress (STUC) / Assistant General Secretary
Alistair / Pringle / Equality and Human Rights Commission (EHRC) / Director
Muriel / Robinson / TBC / Employment tribunal judge
Brian / Scott / Glasgow Disability Alliance / Development Manager – Pathways for Change
Bill / Scott / Inclusion Scotland / Chief Executive Officer
Dr. Andrew / Scott / Scottish Government / Director of Employability, Skills & Lifelong Learning
Natalie / Smith / ILiS / Pam's PA
John / Speirs / Glasgow Centre for Inclusive Living / Employment and Housing Manager
Ed / Sweeney / ACAS / Chair
Mike / Tait / People First / Project Manager
Damien / Yeates / Skills Development Scotland / Chief Executive Officer

Appendix 4

Disabled peoples experience of bullying and harassment, in and out of the workplace

What is bullying and harassment?

There are a number of definitions of bullying and harassment, including legal definitions. Harassment, as outlined in the Equality Act 2010, means; “unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual”. Practically, individuals usually define what they mean by bullying and harassment as something that has happened to them that is “unwelcome, unwarranted and causes a detrimental effect”[14].

What some people experience as bullying and harassment, others may understand to be ‘management’. As such, bullying and harassment are sometimes considered as ‘grey’ areas. Because of this, it is difficult to recognise, report and deal with.

Disabled people’s experience of bullying and harassment

Disabled people’s experience of bullying and harassment, both in[15] and out of the workplace, is well documented and has been described as a:

“Blighton our society”.

  • 1in 5 adults are disabled
  • 2011 saw an increase in reported disability related hate crimes of 24.1% – disability is the only equality strand to have seen an increase in the police recording of hate crimes
  • Bullying and harassment are so common place that they are seldom recognised as ‘unacceptable treatments’, by disabled people
  • “Hate incidents – name-calling, bullying, and other treatment that wears people down – are what the majority of disabled people experience on a much more frequent basis”[16]
  • Disabled people are consistently labelled as benefit cheats and scroungers[17]

So too are the difficulties they face in gaining and staying in employment: