Procedurevaluing Ability

PERSONNEL

POLICY

PROCEDUREVALUING ABILITY

(incorporates ‘Focus on

GUIDANCEAbility’)

NORTHUMBERLANDNATIONAL PARK

VALUING ABILITY GUIDANCE

SECTIONPAGE

CONTENTS1

DISABILITY DISCRIMINATION ACT3

WHAT IS DISABILITY?3

SHOULD EMPLOYEES DISCLOSE A DISABILITY?4

EMPLOYING DISABLED PEOPLE4

A Moral Case4

A Business Case5

EMPLOYMENT PROVISIONS OF DDA5

SHOULD EPLOYEES DISCLOSURE A DISABILITY?6

ACCESS PROVISIONS OF DDA6

POLICY AND INITIATIVES7

THE ROLE OF MANAGERS7

RECRUITMENT8

Guaranteed Interview Scheme8

Job Applications8

Short-listing8

Exercise and Tests9

Interviews9

Conditional Offers of Employment9

Deciding what is Reasonable9

Statement of Particulars9

INDUCTION9

HEALTH AND SAFETY10

TRAINING AND DEVELOPMENT10

RETAINING EMPLOYEES WHO BECOME DISABLED10

ETIQUETTE AND LANGUAGE11

Medical Model of Disability11

Social Model of Disability11

Referring to Disabled People12

Disabled People12

People with Disabilities12

Handicapped12

People with Special Needs13

The Disabled/The Blind/The Deaf etc13

An Arthritic/An Epileptic/Diabetics13

Common Phrases and Positive Alternatives13

SOME USEFUL HINTS AND TIPS14

People who are Blind14

People who use Wheelchairs15

People who are Deaf15

People with Speech Impairments15

People with Learning Difficulties15

People with a Mental Health Problem15

General16

HELP AND ADVICE16

Corporate Resources16

External Services16

NORTHUMBERLANDNATIONAL PARK

VALUING ABILITY GUIDANCE

The Northumberland National Park Authority has had an equal opportunities policy since 1986. Over the years the Authority has steadily worked towards the creation of a culture in which the varied skills and talents of a diverse workforce are recognised and managed, free from any form of unjustifiable bias.

Most barriers faced by disabled people are caused by the misconceptions of other people about what they can and cannot do. Hopefully these guidelines will help to challenge some of these misconceptions and help employees to recognise the key role that they play.

This document gives general advice, which staff will be able to refer to for their own benefit, and to help members of the public when providing services.

DISABILITY DISCRIMINATION ACT 1995

The DDA makes discrimination against disabled people an offence and gives disabled people rights. These include;

the right not to be discriminated against in the field of employment.
the right of access to goods, services and facilities.
the right not to be discriminated against when buying, selling or renting property.
the right to receive specific information from schools and colleges about accessibility.
the right of access to transport facilities such as bus and railway stations.

The DDA places a duty upon employers to carry out reasonable adjustments to help employees or job applicants who have a disability which affects their work. Reasonable adjustments might include making arrangements for a job applicant to bring a helper or signer, or for an existing employee to change their hours of work, have some duties re-allocated to another post, change their place of work, etc.

What is disability?

The Disability Discrimination Act (DDA) sets out a definition of disability. This has four main elements.

The person must have a mental or physical impairment.
The impairment must have adverse effects which are substantial.
The substantial effects must be long-term.
The long-term substantial effects must be adverse effects on normal day-to-day activities.

There are many types of disability, some more visible than others. A wheelchair user is far more noticeable than someone with a hearing impairment. Some disabilities are not stable and the condition may vary over time. Some will deteriorate while others will improve.

Some conditions are specifically excluded from coverage by the Act. These include addiction or dependency, hayfever, tendency to set fires, tendency to steal, tendency to physical or sexual abuse of others, exhibitionism and voyeurism.

Managers should try to avoid some of the popular misconceptions about disabled people. They are not always limited by their disability. A wheelchair user will tell you that they are limited by the environment and not by their wheelchair. Disabled people quickly learn to adapt and find ways to overcome the difficulties they face in the workplace. In this sense they are often more able and flexible than their able-bodied counterparts. Most disabilities do not effect the employee’s productivity at work and for others special adaptations and equipment are available to ensure that this is not the case. Research has also shown that disabled people have a better than average attendance record. Many disabled people enjoy good health.

In the vast majority of cases you will have no way of knowing if a person you meet has a disability or not. So don’t make assumptions. Simply treat people as individuals and as you would want to be treated yourself.

SHOULD EMPLOYEES DISCLOSE A DISABILITY?

The Disability Discrimination Act embraces a much broader definition of disability than earlier legislation and introduces the requirement on employers to help disabled employees, by making the ‘reasonable adjustments’ described earlier. The National Park Authority is committed to this principle and if an employee has a disability which affects their work, they are encouraged to make it known to their manager, or to the Occupational Health Unit, so that any ‘reasonable adjustment’ can be considered. The outcome could be as simple as a minor change in working arrangements, or adapting work equipment, which would then make doing the job easier. The National Park Authority cannot consider ‘reasonable adjustment’ if employees do not disclose their disability!

EMPLOYING DISABLED PEOPLE

A Moral Case

The Northumberland National Park Authority workforce should reflect the community it serves. The Disability Right Commission (DRC), The Equal Opportunities Commission (EOC), The Commission for Racial Equality (CRE) and the Audit Commission all recommend this as best practice. They expect public services to achieve this balance.

As an elected body it is the responsibility of the National Park Authority to ensure that it represents the views, needs and aspirations of all its citizens. This can only be done by involving everyone in what we do, the services we provide and the opportunities we offer.

With the right encouragement our existing disabled employees will also help the Authority understand the needs of disabled people and how to focus services more accurately towards the needs of individual service users.

A Business Case

One third of disabled people who are of working age, are unemployed and seeking work. This means there is a rich seam of untapped skills and abilities which are not being used by the local economy. Clearly our community is poorer for not ensuring a full contribution from everyone.

According to the Employers Forum on Disabilities one in four customers either have a disability or have a close relationship with a disabled person. Can any successful business afford to ignore the expectations of so many customers? Remember, to these customers equality is an issue of quality.

A final argument, which is always guaranteed to seize the interest of service managers, concerns cost. Litigation not only carries legal costs measured in six figures, but the potential damage to the reputation of the Authority arising from a court case, carries hidden costs which are incalculable.

EMPLOYMENT PROVISIONS OF DDA

The Secretary of State has published a Code of Practice on the employment provisions of the DDA. This aims to clarify and expand upon the details in the Act and, while it is not legally binding in itself, the courts are expected to take the Code of Practice into account when reaching decisions. A summary of the main employment conditions of the DDA is given below.

The definition of disability according to the Act is given in the above section entitled “What is disability?”.

It is unlawful to discriminate against a disabled job applicant:

in the arrangements for deciding who is offered employment, or
in the terms on which employment is offered, or
by refusing or deliberately not offering employment.

It is also unlawful for an employer to discriminate against a disabled employee:

in the terms of the employment offered, or
in the opportunities offered for promotion, transfer, training or receiving any other benefit, or
by refusing or deliberately not offering the above benefits, or
by unfairly dismissing or subjecting the disabled employee to any other detriment.

The Act places a duty on employers to make reasonable adjustments. This requires employers to take positive steps in certain circumstances to help individual employees or applicants overcome the effects of a disability. Reasonable adjustments might include making arrangements for a job applicant to bring a helper or signer, changing the hours of work, re-allocating some duties to another post, changing the place of work, providing training or additional supervision, modifying systems or procedures, acquiring or modifying equipment or altering the building or workplace.

Discrimination can occur in two ways.

By treating somebody less favourably for a reason related to their disability and not being able to show that this treatment is justified.
By failing to comply with the duty of reasonable adjustment and not being able to justify this failure.

As with other legislation dealing with equality and discrimination, many aspects will become clearer as case law develops. Further information and advice is available from the Human Resources Officer.

SHOULD EMPLOYEES DISCLOSE A DISABILITY?

Under the DDA an employee will have difficulty in claiming discrimination if they have not previously told their manager that they have a disability. While the DDA requires that information relating to a disability is treated in confidence if requested by the individual, the Authority strongly encourages all its employees with a disability to share this information with their manager and work colleagues. This is particularly important where adaptations are requested which either impact upon others or require the co-operation of work colleagues in providing a safe place of work.

ACCESS PROVISIONS OF DDA

The Act also gives disabled people rights as customers. The new right of access to goods and services will undoubtedly have an effect upon the Authority. Managers will need to consider the implications for their own services and which adaptations, if any, are needed to provide good access for disabled people. The DDA places several new legal duties on providers. These include the duties:

Not to refuse service to a disabled person without justification.
Not to provide a worse standard or manner of service without justification.
Not to provide a service on worse terms without justification.

The Code of Practice on the rights of access gives examples of several issues that managers need to address, including:

Not making assumptions about who will use or benefit from the service.
Ensuring that staff who deal with customers are aware that it is unlawful to discriminate and of the general provisions of the DDA.
Establishing a policy towards disabled customers which is communicated to staff.
Providing disability awareness training for staff and monitoring its implementation.
Having an appropriate complaints mechanism.

All too often access is assumed to refer purely to the ability to get into and out of buildings. This may be an important issue for a customer with a disability that affects their mobility, but other customers have other needs. Some may want information provided in large print, audio or Braille. Some may have problems completing forms and documents and may need more time or assistance. It is not just a question of where you provide a service but how. Managers often claim that they already adapt services to the individual needs of customers but do their staff know when and how to do this and, more importantly, do the customers know?

POLICY AND INITIATIVES

Since its introduction in 1986, the Authority’s Equal Opportunities policy has included provisions which seek to prevent discrimination on the grounds of disability. However, this policy forms just one element in a framework of employment policies and procedures, which include:

Equal Opportunities Policy
Recruitment Code of Practice
Employee Code of Conduct
Dignity at Work Policy
Staff Handbook
Northumberland Induction Scheme
Staff Training & Development Policy
Staff Appraisal Schemes
Capability and Disciplinary procedure
Grievance procedure
Redundancy & Re-deployment Policy
Maternity, Compassionate and special leave schemes

Through this infra-structure and systems of management support and training, the Authority strives to achieve best practice.

The Authority has undertaken to:

Guarantee to interview any applicant who is registered as disabled and who meets the essential criteria of the person specification for the vacancy.

Ensure that managers and staff are aware of the Authority’s commitment to providing equal opportunities.

Retain existing employees if they become disabled through retraining or transfer to other duties.

THE ROLE OF MANAGERS

To achieve objectives and maximise output managers have to join with others to use pooled skills and experience. Recognising and valuing individual ability and motivating people to achieve their full potential is a key management responsibility.

As leaders of work groups, managers should also set the standards of behaviour for others to follow. This means setting a good example by avoiding discriminatory language and behaviour themselves and challenging this type of conduct by their staff.

A common problem faced by line managers is the difficulty in keeping pace with changes. This section therefore highlights those areas of employment where managers need to pay particular attention to avoid discrimination and ensure equality.

RECRUITMENT

The Recruitment Code of Practice sets out in some detail the procedures to follow when recruiting staff including how to apply the equal opportunities policy. It is the National Park Authority’s policy that all individuals involved in the recruitment process, must have previously undertaken the equal opportunities and interviewing skills foundation training organised by the Personnel Section. The courses provide an insight into the equal opportunities policy and prevailing legislation and give practical experience in interviewing and selection procedures. The courses, which have been updated to cover issues arising out of the DDA, form part of the Short Courses Programme with events taking place throughout the year. If you have not undergone this training and expect to have involvement in the recruitment process, you need to arrange it quickly.

The Recruitment Code of Practice has undergone a number of changes due to the DDA. Refresher courses are now available for those who underwent training prior to the DDA. There is also a new training module, targeted specifically at those managers who will take on the role of Appointing Officer, as defined in the Recruitment Code of Practice. To enrol on any of these training modules, contact the Human Resources Officer.

Managers may also find the following reminders useful.

Guaranteed Interview Scheme

The Authority operates a scheme of guaranteeing an interview to those job applicants who are disabled and who meet the essential criteria of the person specification.

Job Applications

Arrangements can be made to receive employment applications in a number of different formats including:

large print
Braille
computer disk format

These formats will continue to follow the structure, questions and declarations of the current application form. A special version of the application form is available for disabled applicants which does not contain graphics and boxes which can cause problems with some reading equipment used by disabled people. Using unstructured curriculum vitae still represents poor recruitment practice.

Short-listing

In producing a short-list of candidates by matching them against the essential requirements of the person specification, you must assume that any adjustment requested by disabled candidates will be met. Concentrate upon comparing each candidate’s skills, experience etc. with the person specification.

Exercises and Tests

If the selection process involves a presentation, practical exercise or psychometric test, you may need to make an adjustment for a disabled candidate.

Interviews

Make whatever adaptations are needed during the selection process, as requested by the candidates. You may ask questions during the interview about a candidate’s disability but purely with regard to establishing which adaptations, if any, are required to help them do the job. Again you must assume that any adjustment requested by candidates will be met. Select the most suitable person for the job with regard to the requirements of the person specification and make a conditional offer of employment in the normal manner.

Conditional Offers of Employment

The Recruitment Code of Practice has always advised managers to make every offer of employment initially conditional upon such requirements as medical clearance, police checks etc. Verification that requested adjustments are reasonable will simply become another condition of the conditional offer of employment.

Deciding what is Reasonable

Each directorate will decide what is reasonable, but they may need to take advice from other sources such as the Health & Safety Officer or the Occupational Health Unit. To satisfy Authority policy, any decision not to make a requested adjustment must involve the Director of the employing service and the Human Resources Officer.

Statement of Particulars

Not all adjustments will require specific mention in the contract of employment. Your staffing section will advise you whether they need to change the statement of particulars in each individual case.

INDUCTION

A planned and systematic approach to induction will benefit both the employee and the Authority. The Northumberland National Park Authority Induction Scheme is designed to help managers put together effective and meaningful induction programmes, tailored to the individual. An induction programme should provide the employee with a clear schedule of planned training and development which takes them from their first day at work, through to the end of their probationary period. Managers need to make sure that each individual’s induction takes into account any disability or any adjustment which is needed to help them carry out their work.