Organisation name:
Policy Title: DISABILITY DISCRIMINATION
1.0(Name of organisation) recognises the term ‘disability’ as defined by the Disability Rights’ Commission: a physical or mental impairment which has a substantial and long term adverse effect on a person’s ability to carry out normal day to day activities.
1.1(Name of organisation) recognises that there are four main types of disability discrimination: direct discrimination, failure to make reasonable adjustments, discrimination arising from a disability, harassment and victimisation.In addition to the four forms of discrimination in the Equality Act 2010, (name of organisation) recognises that it is also unlawful to harass a disabled person.
2.0(Name of organisation)is committed to ensuring that disabled people have the same rights in relation to employment and services as non-disabled people.
3.0(Name of organisation) is committed to identifying and providing reasonable adjustments for personnel with disabilities and to finding flexible ways of working.
4.0(Name of organisation) is committed to making services available to service users in an accessible place of the service user’s choice.
5.0(Name of organisation) is committed to supporting disabled people to make choices about their own lives, respecting and promoting disabled people’s dignity, promoting disabled people’s independence and equality of opportunity, protecting vulnerable people from abuse and eliminating disability-related harassment.
6.0As an advocacy organisation (name of organisation’s) position is to be pro-active in positively promoting opportunities for disabled people to be leaders and employees as (name of organisation) recognises that in general terms disabled people are at risk of exclusion from leadership and employment opportunities due to the forms of discrimination the Equality Act 2010 is established to address.
PROCEDURE
Types of disability discrimination:
1.0Direct discrimination occurs when:
1.1A disabled person is treated less favourably than someone else, who has similar circumstances and abilities.
1.2The treatment is for a reason relating to the person's disability.
1.3If another person, without the particular disability, would have been treated the same way as the person with the disability, then direct discrimination is unlikely to have occurred.
1.4There is no justification for direct discrimination.
2.0Failure to make reasonable adjustments:
2.1An employer, education provider or service provider has a duty to make reasonable adjustments where a provision, criterion or practice, or any physical feature of premises occupied by them, places a disabled person at a substantial disadvantage compared with people who are not disabled. They must take reasonable steps to prevent that disadvantage. It isn’t possible for them to justify not making adjustments that are reasonable.
3.0Discrimination arising from a disability
3.1This form of discrimination refers to treatment of a disabled person that:
3.1.1A treats B unfavourably because of something arising in consequence of B's disability.
3.1.2A cannot show that the treatment is a proportionate means of achieving a legitimate aim.
4.0Victimisation:
4.1Victimisation is outlawed by the Equality Act. It says that a person should not be treated less favourably because they have done, or are likely to do, one of the following:
4.1.1Brought legal action under the Equality Act(e.g. at an employment tribunal, or other body),
4.1.2Giving evidence or information in connection with proceedings under the Equality Act 2010, regardless of who brought those proceedings.
4.1.3Done anything else relating to such an action, such as supporting the person taking the action.
4.1.4Alleged that someone has contravenedthe Equality Act.
4.2Even if someone drops a case, no one can be given lesser treatment as a result.
4.3If a person has made a false allegation knowing it to be untrue, then it is not illegal to treat them less favourably.
4.4It is only in relation to victimisation that someone who is not disabled is covered by the Equality Act– for example if they give evidence at a hearing, or if they support someone in taking an action.
5.0Harassment
5.1Disability harassment occurs where both:
5.1.1A person engages in unwanted conduct related to disability.
5.1.2The conduct has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.
5.2In deciding whether conduct has the effect referred to above, each of the following must be taken into account:
5.2.1The disabled person's perception.
5.2.2The other circumstances of the case.
5.2.3Whether it is reasonable for the conduct to have that effect.
6.0Justification of Discrimination
6.1In some cases, an act which is discriminatory will avoid a finding of discrimination by showing that its actions were a proportionate means of achieving a legitimate aim. This is known as "objective justification".
6.2Under the Equality Act, an employer can rely on the objective justification defence when facing the following claims:
6.2.1Indirect discrimination. Even if a claimant establishes a case it will not be indirectly discriminatory if it can be shown that it is objectively justified.
6.2.2Discrimination arising from disability. It may be possible to avoid liability for discrimination arising from disability where it can be fully objectively justified.
6.3Justification is not possible for reasonable adjustments, direct discrimination or harassment.
Date this policy came into effect / Date approved by Governing BodyNext Review Date / As agreed by Governing Body
Name or position of person responsible for this policy
Other related policies / Accessibility
Employment
Equality
Relevant Legislation / Equality Act 2010
Useful information /
PRACTICE NOTE
Issued to:All Personnel / SUBJECT:
Disability Discrimination / No:
Issued by: / Date issued: / Date amended: / For Information to:
●“Reasonable Adjustment”: Under the Equality Act 2010 an employer has a duty to make reasonable changes for disabled applicants and employees. These are known as “reasonable adjustments”. Adjustments should be made to avoid a person with a disability being put at a disadvantage compared to non-disabled people.
The need to make reasonable adjustments can apply to the working arrangements or any physical aspects of the workplace. Adjustments to working arrangements might be things like adjusting working hours or providing an adapted piece of equipment to help the disabled person do the job. Physical adjustments might include replacing steps with a ramp.
● Also, if it is reasonable, the employer needs to provide an extra aid to ensure the disabled worker is not disadvantaged. This might mean providing special or adapted equipment to do the job. Further information is available at:
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