disability confidence - exeter business network march 2015

CONFIDENCE WITH DISABILITY

IN THE WORKPLACE

Chris Catt, The Life Coach Station

Belinda Newton, The HR Dept

Business Network SW: 4th March 2015

INTRODUCTIONS

The Trainers

• Your name

• Who you work for

• What your role is

• Why you are here today

• Anything in particular you would like to learn from today

THE EQUALITY ACT

• The Equality Act 2010 legally protects people from discrimination

in the workplace and in wider society.

• It replaced previous anti-discrimination laws (Sex Discrimination

Act 1975, Race Relations Act 1976, Disability Discrimination Act

1995) with a single Act, making the law easier to understand and

strengthening protection in some situations. It sets out the

different ways in which it’s unlawful to treat someone.

TRIBUNAL STATISTICS

• In 2013/14 the biggest disability discrimination pay-out following

an Employment Tribunal was £236,922 with an average pay-

out of £14,502

QUIZ

1. What was the date that the first significant piece of disability

related legislation became law?

a) 1975

b) 1995

c) 1999

QUIZ

1. What was the date that the first significant piece of disability

related legislation became law?

a) 1975

b) 1995

c) 1999

QUIZ

2. What is the number of employees an organisation needs to have

before the obligations under the disability aspects of the Equality

Act 2010 apply?

a) 0

b) 5

c) 15

QUIZ

2. What is the number of employees an organisation needs to have

before the obligations under the disability aspects of the Equality

Act 2010 apply?

a) 0

b) 5

c) 15

QUIZ

3. How many disabled people are there in the UK?

a) 500,000

b) 7,750,000

c) 9,800,000

QUIZ

3. How many disabled people are there in the UK?

a) 500,000

b) 7,750,000

c) 9,800,000

QUIZ

4. Who registers someone as being disabled under the Equality Act

2010?

a) GP

b) Benefits Agency

c) No-one

QUIZ

4. Who registers someone as being disabled under the Equality Act

2010?

a) GP

b) Benefits Agency

c) No-one

QUIZ

5. What percentage of disabled people work?

a) 25%

b) 33%

c) 50%

QUIZ

5. What percentage of disabled people work?

a) 25%

b) 33%

c) 50%

QUIZ

6. How many visually impaired people use a white cane or stick on a

daily basis?

a) 17,000

b) 170,000

c) 1,700,000

QUIZ

6. How many visually impaired people use a white cane or stick on a

daily basis?

a) 17,000

b) 170,000

c) 1,700,000

QUIZ

7. What percentage of disabled people have a disability which is not

visible?

a) 40%

b) 60%

c) 70%

QUIZ

7. What percentage of disabled people have a disability which is not

visible?

a) 40%

b) 60%

c) 70%

QUIZ

8. What percentage of disabled people are wheelchair users?

a) 5% - 7%

b) 8% - 10%

c) 10% - 12%

QUIZ

8. What percentage of disabled people are wheelchair users?

a) 5% - 7%

b) 8% - 10%

c) 10% - 12%

QUIZ

9. Under the Equality Act 2010 is it lawful to positively discriminate

in favour of a disabled person?

a) Yes

b) No

QUIZ

9. Under the Equality Act 2010 is it lawful to positively discriminate

in favour of a disabled person?

a) Yes

b) No

QUIZ

10. Which of the following conditions are not covered by the Equality

Act 2010?

a) Cancer

b) HIV

c) Hay Fever

QUIZ

10. Which of the following conditions are not covered by the Equality

Act 2010?

a) Cancer

b) HIV

c) Hay Fever

WHAT IS A DISABILITY?

• The Equality Act says that “a person has a disability if he or she

has a physical or mental impairment and the impairment has a

substantial and long-term adverse effect on his or her ability to

carry out normal day-to-day activities”.

SOME EXAMPLES

• Cancer, diabetes, multiple sclerosis and heart conditions; hearing

or sight impairments, or a significant mobility difficulty; and

mental health conditions or learning difficulties.

• People in these circumstances and some others (such as people

with a facial disfigurement) are likely to have rights to protect

them from discrimination.

• However, only the courts can say if a particular individual is

defined as disabled under the legislation

A DUTY TO MAKE “REASONABLE ADJUSTMENTS”

• Employers have a legal responsibility to help

• A reasonable adjustment is a reasonable step taken to prevent a

disabled person suffering a substantial disadvantage compared

with people who are not disabled

• A ‘substantial disadvantage’ is one that is not ‘minor’ or ‘trivial’.

HOW CAN YOU DECIDE WHAT IS REASONABLE?

1. The effectiveness in preventing disadvantage

2. The practicality of the step

3. The financial and other costs and the extent of any disruption

caused

4. The extent of an organisation’s financial and other

resources

EXAMPLES OF REASONABLE ADJUSTMENTS

• Allocating some of a disabled person’s duties to a colleague, what

could they do instead?

• Redeploying them to a more suitable vacant post

• Altering the person’s hours of working or training

• Carry out work or training at a different location

• Allowing the person to be absent during working or training hours

for rehabilitation, assessment or treatment.

• Giving, or arranging for, training or mentoring (whether

for the disabled person or any other person)

REMEMBER!!

Most adjustments for disabled people cost nothing. For those that do,

help is often available at work through Access to Work and in

education via your local education authority or further/higher

education funding organisations.

WHAT SHOULD I DO IF I SUSPECT AN EMPLOYEE HAS A DISABILITY?

• Keep the lines of communication open – DO NOT avoid them through fear of causing offence

• Ask them how you can help them, provide reassurance that they are a valued employee

• Be “DISABILITY CONFIDENT” about where and how to get external support

• Don’t ignore the issue

CASE STUDIES

CASE STUDY 1

Maria has restricted vision and works as a receptionist in a social

services department. Every month she attends a departmental

meeting in a room away from her workstation. The minutes of the

meeting are usually printed in 12-point type, which Maria cannot read

without her desktop magnification aids.

CASE STUDY 2

Claire has a learning disability and is unable to read. She works as a

cleaner in a residential home for older people. During her induction

training, it became clear that she found it hard to tell which cleaning

material was which.

CASE STUDY 3

William is a highly skilled draftsman who designs public areas in new

office buildings. He had been working for his company for 10 years

when he had a climbing accident which left him severely disabled,

and unable to work for 18 months.

CASE STUDY 4

Samantha, a 26 year-old woman with moderate hearing loss and

moderate learning disability had worked for a cafe for seven years.

The local council decided to insist that all staff have the ‘Basic

Hygiene’ certificate. Samantha, her parents and the employer were

very concerned that if she was unable to pass, then her job would be

in jeopardy.

CASE STUDY 5

Simon, who is blind, makes up packets of screws to include with self-

assembly furniture.

CASE STUDY 6

Ahmed, a 32-year-old man with a mental health condition, started

working for a fast food retail chain. Ahmed had finished a six-week

placement with the restaurant on the work preparation programme

and was offered a paid job using the Workstep programme. He had

low self-confidence and therefore required more time from the

supervisor, to re-assure him that he was doing the job correctly.

?