Policy Statement on

Disabled People in
Employment

Review Date: Review by:

September 2007 Human Resources Project Manager

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1. GENERAL

1.1 This policy aims to summarise the background to the employment of disabled
people, outlining the services and facilities available both to managers and individual
employees.

1.2 The Trust Board is concerned with:

¾ promoting positive attitudes towards disabled persons, ensuring that there is

no unlawful discrimination against or harassment of disabled people related
to their disabilities.

¾ promoting quality of opportunity between disabled persons and other

persons, including encouraging disabled persons to participate in public life.

¾ taking steps to take account of disabled persons’ disabilities, even where this
involves treating disabled persons more favourably than others.

1.3 The Trust wishes to ensure that disabled people receive equal opportunity in
employment and all officers of the Trust are required not to preclude individuals for
consideration for employment merely because of their disability. Every effort must be
made to explore ways of accommodating disabled people who are able to make a
valuable contribution to the work of the Trust. Individual employees at all levels
should co-operate with the measures taken in enabling a disabled person to settle
into a job and in helping them to cope with every aspect of it.

2. AIMS

The Trust aims to ensure that:

¾ steps are taken to raise the awareness of disability throughout the

organisation, particularly targeting all staff involved in recruitment and
selection process.

¾ all reasonable steps are taken to ensure that the working environment does
not prevent disabled people from taking up positions for which they are
suitably qualified.

¾ recruitment procedures are reviewed and developed which encourage

applications from and the employment of people with disabilities.

¾ steps are taken to ensure that disabled people have the same opportunities
as other staff to develop their full potential within the organisation.

¾ any employees who become disabled will be given the fullest support to
maintain or return to a role appropriate to their experience and abilities.

3. DEFINITION OF DISABILITY

3.1 The Disability Discrimination Act 1995 covers disabled people and people who
have had a disability in the past.

Disability is defined as:

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.

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3.2 Impairment

This covers physical and mental impairments. These include:

¾ physical impairments affecting the senses, such as sight and hearing

¾ mental impairments including learning disabilities and mental illness (it is no

longer a requirement for the mental illness to be “clinically well recognised”)

3.3 Substantial

For an effect to be substantial, it must be more than minor or trivial. The following
are examples that are likely to be considered substantial:

¾ inability to see moving traffic clearly enough to cross a road safely

¾ inability to turn taps or knobs

¾ inability to remember and relay a simple message correctly

3.4 Long-term

These are effects that:

¾ have lasted at least 12 months, or

¾ are likely to last at least 12 months, or

¾ are likely to last for the rest of the life of the person affected

Long-term effects also include those, which recur or are likely to recur, at least once
beyond the 12 month period following the first occurrence.

3.5 Day-to-Day Activities

These are normal activities carried out by most people on a regular basis, and must
involve one of the following broad categories:

¾ mobility – moving from place to place

¾ manual dexterity – for example, use of the hands

¾ physical co-ordination

¾ continence

¾ the ability to lift, carry or move ordinary objects

¾ speech, hearing or eyesight

¾ memory, or ability to concentrate, learn or understand

¾ being able to recognise physical danger

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3.6 In addition to this broad definition there are a number of special cases which
are to be treated as disabilities under the Act.

3.7 Severe Disfigurements

The Act’s definition treats severe disfigurements as disabilities, although they have
no effect on a person’s ability to carry out normal day-to-day activities.

3.8 Impairments helped by treatment or artificial aids

Such impairments are to be treated as continuing to have an adverse effect on the

person’s ability to carry out normal day-to-day activities, if that would be the effect in
the absence of the control or correction. One exception to this is poor eyesight,
which is excluded where the impairment is correctable by spectacles or contact
lenses or such other ways as may be prescribed.

If, however, the treatment is likely to cure the impairment, this should be taken into
account in assessing whether the impairment is long-term.

3.9 Specific medical conditions

Schedule 1 of the Act brings specific medical conditions within the scope of
protection from disability discrimination. These are as follows:

¾ cancer

¾ HIV infection

¾ multiple sclerosis

The Act covers people with these conditions from the point of diagnosis and they will
not have to show that the condition has an adverse effect that is likely to become
substantial in the future.

3.10 Past Disabilities

The definition covers people who have had a disability in the past. If a person once
had a disability, which is covered by the Act, they are still protected if they have
recovered. This applies even if they recovered before the Act came into force.

4. RESPONSIBILITIES UNDER THE ACT

4.1 Employees of the Trust must not unlawfully discriminate or help another person
discriminate against current or prospective employees with disabilities because of a
reason relating to their disability.

4.2 Unlawful discrimination occurs when a disabled person is treated less favourably than
someone else. There are a number of forms of discrimination that are unlawful
under the Act as follows:

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4.2.1 An employer’s treatment of a disabled person amounts to direct discrimination if:

¾ it is on the grounds of his/her disability

¾ the treatment is less favourable than the way in which a person not having
that particular disability is (or would be) treated and

¾ the relevant circumstances, including the abilities of the person with whom
the comparison is made are the same as, or not materially different from
those of the disabled person.

Such treatment cannot be justified.

4.2.2 Failure to comply with a duty to make reasonable adjustments, which amounts to
discrimination in its own right and cannot be justified. The duty to make reasonable
adjustments arises where a provision, criterion or practice applied by or on behalf of
the employer, or any physical feature of premises occupied by the employer, places
a disabled person at a substantial disadvantage compared with people who are not
disabled.

It may be necessary to consider a failure to comply, in order to determine if disability-

related discrimination has occurred.

4.2.3 Disability-related discrimination does not amount to direct discrimination under the
Act.

In determining whether disability-related discrimination has occurred, the employer’s

treatment of the disabled person must be compared with that of a person to whom
the disability-related reason does not apply.

It may be possible to justify disability-related discrimination if the reason for the

treatment is both material to the circumstances of the particular case and substantial.
However, it has to be considered as to whether the treatment would still have been
justified even if the employer had complied with its duty to make reasonable
adjustments.

4.2.4 Victimisation – It is unlawful for a person to treat another (‘the victim’) less
favourably than he/she treats or would treat other people in the same circumstances
because the victim has:

¾ brought or given evidence or information in connection with proceedings

under the Act (whether or not proceedings are later withdrawn).

¾ done anything else under or by reference to the Act, or

¾ alleged someone has contravened the Act (whether or not the allegation is
later dropped).

¾ because the person believes or suspects that the victim has done or intends
to do any of these things.

4.2.5 In relation to recruitment and retention of staff, it is unlawful for an employer to

subject a disabled person to harassment for a reason which relates to his/her

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disability. Harassment occurs where, for a reason which relates to a person’s

disability, another person engages in unwanted conduct which has the purpose or
effect of violating the disabled person’s dignity, or creating an intimidating, hostile,
degrading, humiliating or offensive environment (also see the Trust’s Bullying and
Harassment Policy).

4.3 Employees of the Trust must not discriminate against a disabled person in:

¾ recruitment and retention of employees

¾ promotion and transfers

¾ training and development

¾ the dismissal process

¾ after employment has ended

4.4 Appropriate Officers must also be prepared to make reasonable changes to the
premises or employment arrangements, if these substantially disadvantage a
disabled employee, or prospective employee, compared to a non-disabled person.
(See below for examples)

4.5 Unlawful discrimination against a disabled person may result in the implementation of
the disciplinary procedure.

5. RECRUITMENT AND RETENTION

5.1 It can be difficult to dispense with preconceived ideas about the range or type of work
disabled people can do, but it will be of mutual benefit to make sure that disabled
applicants are always fully and fairly considered on their merits. This positive attitude
should also encourage disabled employees to compete for jobs on their merits and
for management to derive maximum benefit from their services.

5.2 Recruitment

5.2.1 All Trust vacancies will be open to suitably qualified disabled persons, subject to
safety considerations.

5.2.2 All disabled applicants who meet the minimum criteria for selection will normally be
invited for interview.

5.2.3 The Selection Process should not favour people without disabilities. Reasonable
adjustments should be made to accommodate individual needs of disabled
applicants.

5.2.4 Discrimination against disability at the point of selection is unlawful and against Trust
Policy, unless it can be justified on substantial grounds.

5.2.5 There is a requirement to make reasonable adjustments so as not to disadvantage a

disabled applicant. These could include such things as:

¾ Job restructuring

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¾ Making adjustments to premises

¾ Altering working hours

¾ Assigning the disabled person to a different place of work

¾ Acquiring or modifying equipment

¾ Modifying instruction or reference manuals

¾ Providing a reader, interpreter or personal assistant

5.2.6 Consultation with a disabled applicant about the nature of their disability and their
needs for overcoming any disadvantages will be appropriate before a decision is
finally made about appointment.

5.2.7 However, there will be times when having considered what reasonable adjustments
could be made there remains a substantial reason for not appointing on the grounds
of a disability. Where additional funding is required to make an adjustment, financial
assistance may be available and these possibilities must be explored before rejecting
on the grounds of unreasonable cost.

5.3 Retention

The duties and working conditions of disabled employees will be reviewed

periodically in the light of any changes in their condition with the view to assessing
whether any reasonable adjustments are necessary. This might be done through the
line manager or through Occupational Health. Having been through this process, if a
disabled employee is unable to continue in the existing post, suitable alternative
employment will be sought in the first instance. A representative from Employment
Services will work with the manager to find a solution. Consideration can be given
to:

5.3.1 Whether the employee can continue in the same or a similar job.

5.3.2 Whether any reasonable adjustments can be made to allow that person to continue
in the same/similar job, for example, allocating some of the disabled employee’s
duties to another person, agreeing to flexible working.

5.3.3 The type of job that might be suitable if continuing in the same job is not possible.

5.3.4 What steps may be necessary to enable an employee to transfer to a new post,
including: reference if appropriate to the Trust's own Occupational Health Services,
additional supervision/training. Whilst it is unnecessary to create a new role for the
disabled employee, if there is a vacancy for which the employee would be suitable,
then generally he/she should be transferred into that role without the necessity of
competitive interview.

5.3.5 Jobcentre Plus through the Access to Work Scheme is able to give advice and can
arrange, at no charge, for an employment assessment to be made and may provide
a grant towards additional employment costs.

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5.3.6 Dismissal is unlikely to be an appropriate course of action until all the above steps
have been properly considered and documented. Fulfilling the requirement to make
reasonable adjustments where possible is key in determining whether any dismissal
is ultimately reasonable in all the circumstances

6. TRAINING

6.1 Induction Training

It is important, after getting the employee’s consent, to ensure that the supervisor
understands the nature of the disability of a new disabled employee, any implications
it may have for the working routine and to see that fellow employees are sufficiently
informed. Disabled persons do however have a right to expect the nature of their
disability to remain confidential unless other staff have a genuine need to know, and
the likely extent of the “need to know” categories of staff should be discussed with
the disabled person at interview.

6.2 Career Development and Training

It is important for disabled people to have equal opportunities with others to develop
new skills and advance their careers. Therefore, judgement about an employee's
potential to undertake more demanding work or to carry greater responsibilities
should be based on realistic assessment of their aptitudes and abilities, disregarding
any preconceived ideas about the nature of the disability or the limitations imposed
by it.

7. EMPLOYEES WHO BECOME DISABLED WHILST IN THE EMPLOYMENT OF

THE TRUST

7.1 If an employee becomes disabled in accordance with the Act, for example through an
accident and is absent from work or if they remain at work and their disability
develops progressively, then the Occupational Health Department/manager/
Employment Services will maintain regular contact with the employee to monitor
progress and, at an appropriate stage, consider possible courses of action and the
effect which any disability might have on future employment. For factors to be
considered see paragraphs 5.3.1 – 5.3.6.

7.2 In every case involving long-term sickness absence or persistent intermittent

absences, it will be necessary to determine whether an employee is in fact disabled
under the terms of the Act. It is therefore essential that early advice is sought both
from Occupational Health and the employee’s G.P., following normal procedures, and
careful consideration given as to whether they fall within the definition of disability or
not. The decision is not a purely medical one; Employment Services will need to
apply the definition from the Act taking into account the medical evidence.

8. HEALTH AND SAFETY

8.1 Evidence both in the UK and abroad suggests that most disabled people have good
attendance records are dedicated and conscientious workers, and are well able to
cope with the demands of a normal day’s work.

8.2 The Health and Safety at Work Act stipulates that employers are required to provide
for the safety of all employees, including those who are disabled. When care is

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taken in selecting suitable employment for disabled people there is no evidence that
the risk of accidents involving them is greater than for other employees.

8.3 If it is thought that special precautions may be necessary to ensure that a person's
disability does not create any hazard either for the individual concerned or for others,
the Director of Human Resources shall be notified and shall subsequently seek the
advice of the Health and Safety Executive or local fire authority. Changes which
would involve breaking Health and Safety Laws would not be expected to be made.

9. COMPLAINTS

Any employee/job applicant who considers that he or she has been treated unfairly
or discriminated against on grounds of their disability should initially use the
complaints/grievance procedures. Under the Act, disabled people who feel they
have been discriminated against can take their case to an Employment Tribunal.

10. MONITORING

Responsibility for the overall development and monitoring of this policy rests with the
Director of Human Resources. Responsibility for implementation in individual
Divisions/Departments rests with the appropriate manager. Employment Services will
advise managers as individual situations arise. This policy will be communicated to
all levels of the workforce, and companies whose employees work within the Trust.

All aspects of this policy will be regularly reviewed. Monitoring of disabled applicants
will be carried out through the Trust's Equal Opportunities Monitoring System.

11. CONCLUSION

11.1 This policy attempts to explain the present situation in connection with the Disability
Discrimination Act 1995. The overall aim of Management is to realise the positive
and valuable contribution that disabled workers can make at all levels. Disabled
people do not seek or want preferential treatment from employers. All they want is to
be given the chance to complete for jobs on equal terms.

11.2 Any further enquiries may be made to the Human Resources Department.

Approved by the Trust Board 2.12.96