disability police federation of england & wales equality liaison officers’ seminar november 2012...
TRANSCRIPT
- Slide 1
- DISABILITY Police Federation of England & Wales Equality Liaison Officers Seminar November 2012 Jayne Monkhouse OBE
- Slide 2
- Definition of Disability Someone with a physical or mental impairment that has a substantial, long term adverse impact on their ability to carry out normal day to day activities Employment Tribunal decision Does not cover someone who does not have a disability
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- Additional to Definition Registered blind or partially sighted Severe disfigurement Cancer, MS, HIV Applies if had a disability
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- Not a Disability Wearing contact lenses or spectacles Addiction or dependency on alcohol, nicotine or other substance that is not medically prescribed Hayfever; Tendency to set fires, or to steal Tendency to physical or sexual abuse of another Exhibitionism or voyeurism.
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- Direct discrimination Indirect discrimination Harassment Victimisation Duty to make reasonable adjustments Discrimination arising from a disability Unlawful behaviourAdditional for Disability
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- Direct Disability Discrimination Treating someone less favourably because of disability Includes association and perception Direct disability discrimination cannot be justified
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- Indirect Disability Discrimination If an employer imposes an apparently neutral provision, criterion or practice (PCP), that would put disabled persons at a particular disadvantage compared to persons who do not have that disability, (puts a disabled person at a disadvantage), and which the employer cannot show is a proportionate means of achieving a legitimate aim
- Slide 8
- A discriminates against a disabled person, B, if (a) A treats B unfavourably because of something arising in consequence of Bs disability, and (b) A cannot show that the treatment is a proportionate means of achieving a legitimate aim This does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability. Discrimination Arising from Disability
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- Duty to Make Reasonable Adjustments An employer has a duty to make reasonable adjustments where working arrangements or physical features place a disabled employee or job applicant at a substantial disadvantage to persons who are not disabled. Advice available to disabled person from Access to Work/Jobcentre Plus
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- Reasonable Adjustments Physical adaptions Another role (including moving a non disabled officer to create a vacancy) A better role A staff role
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- Additional Matters Must take reasonable steps to ensure information is in an accessible format Cant require a disabled person to pay for a reasonable adjustment Cant ask about a persons health before offering work or including in pool for selection; except when health is intrinsic to role establishing need for a reasonable adjustment taking positive action monitoring
- Slide 12
- Sick Pay: Regulation 28/PNB 05/01 A chief officer should exercise discretion when: the incapacity is directly attributable to an injury or illness sustained/contracted in the execution of duty the illness may prove to be terminal; the officer has been referred to an SMP for consideration of permanent disablement. it would be a reasonable adjustment to allow (further) reasonable adjustments to be made so that the officer can return to work.
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- Reduced hours: Regulation 5 Cannot be forced to go part time Cannot be forced to increase hours Cannot expect to be paid full time for reduced hours working Unless (possibly) on recuperative duties
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- Ill Health Retirement: Pension Regulations H1/69 Permanent disablement as assessed for the Police and Crime Panel by a selected medical practitioner (SMP) Appeal to the PCC The inability, occasioned by infirmity of mind or body, to perform the ordinary duties of a member of the Force
- Slide 15
- Retention: Pension Regulations A20/21 The officer should be retained wherever practicable Police & Crime Panel decision taking into account SMPs assessment, the Chief Officers advice the officers comments; and whether the officer is subject to outstanding or impending misconduct proceedings any reasonable adjustments which may be made