Disability and Employment

1.1 The University encourages the development of an environment in which diversity is valued. An important part of putting this into practice is a commitment to prohibit discrimination on the grounds of disability in all employment matters, to increase employment opportunities for people who have a disability and to ensure that its recruitment and selection processes are fully accessible.

1.2 The ideal of accessibility underpins this Policy and includes not only access to the built environment, but also to information and services.  Furthermore, it means independent access, or, at least, access with minimal assistance. An important step towards becoming more welcoming to people with disabilities is understanding that services, methods of working and the built environment may themselves be enabling or disabling.

1.3 All University staff, students, visitors and contractors are expected to treat people with disabilities with respect. If, however, an individual feels they have been  discriminated against or harassed on the grounds of disability, they are encouraged to report the incident. Line managers, as part of their managerial responsibilities, must ensure there is no discrimination based on disability. Discrimination in recruitment, selection or employment is treated seriously by the University and could provide grounds for disciplinary action.  Furthermore, individuals who discriminate on the grounds of disability may be liable under the law.

2.1 This Code of Practice has two broad aims. First, it aims to increase understanding and awareness of the University’s Policy on the employment of people with disabilities. Second, it outlines the legal framework for employing people with disabilities.

2.2 The University recognises the strengths of a workforce made up of people from diverse backgrounds. It is keen to ensure that, wherever possible, posts are accessible to people with disabilities. This is in keeping with anti-discrimination legislation, but other factors are also taken into account. The University displays the Employment Service’s Two Ticks disability symbol on recruitment information and elsewhere .  This means that the University has agreed to implement steps actively encouraging the employment of disabled people. These include interviewing all applicants with a disability for a job vacancy who meet the essential elements of the person specification, ensuring that employees who become disabled are given every chance to remain in employment and developing general awareness of disability issues.

3.1 The DDA makes it unlawful to discriminate against people with disabilities and people who have had disabilities in the past in any aspect of employment, including recruitment and selection, induction, training, career development and promotion. Key definitions used in the Act are outlined below.

• Disability: “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.”Severe disfigurements are treated as disabilities even though they may have no impact on the person’s abilities
• Impairment covers physical impairments and those affecting the senses, such as vision and hearing, as well as mental impairments, including learning disabilities and mental illnesses, when the illness is recognised by the medical profession. The Act covers a number of impairments which are seldom thought of as disabling, such as heart disease, diabetes and dyslexia.  Where an impairment is controlled, for example by medication, the person is still considered disabled for the purposes of the Act. It is important to remember that although some disabilities are apparent, many widely occurring disabilities, such as mental ill-health, epilepsy, diabetes and dyslexia, are often not immediately evident
• A substantial effect: the impairment must be more than a minor or trivial factor. It includes progressive conditions where the impairment may become substantial, such as some forms of cancer, multiple sclerosis and HIV infection. The terms of the Act apply as soon as there is a noticeable affect on normal activities, however slight that might be
• Long-term: the effects of the disability must have lasted, or be expected to last, for at least twelve months. It also includes long term effects which are likely to recur
• Day to day activities These activities are carried out on a regular basis and must involve one of the following categories: mobility, manual dexterity, physical co-ordination, continence, the ability to lift, carry or move everyday objects, speech, hearing or eyesight, memory or the ability to concentrate, learn or understand and perception of the risk of physical dangers

3.2 A key concept in the Act is that of ‘reasonable adjustment’. The DDA requires employers to make reasonable adjustments to the workplace or to working arrangements to ensure that people with disabilities are not at a substantial disadvantage compared to a non-disabled person.  This could involve altering physical features in the workplace, such as widening doorways, providing suitable office equipment or modifying fixtures and fittings, or it could involve altering working hours, working time off for rehabilitation or treatment, giving additional training or reallocating part of the job to another employee. A reasonable adjustment could also involve installing specialist software packages to enable people with certain disabilities to perform administrative and other tasks. The following sections outlines areas in which DDA impacts on recruitment and employment.

Measures which help to prevent either deliberate or unintentional discrimination against candidates with disabilities involve job specification, advertising, application forms, interviewing and Access to Work.  Access to Work scheme provides practical support in the form of special aids and equipment, assistance with adaptations, help with fares to work and any costs of a support worker.  This is operated by the Job Centre’s Disability Employment Adviser in the Disability Service Team.  For further details and advice about recruitment and selection, please refer to the Guidelines for Managers.

4.1 Access to Training: 

All new staff have induction training within their local areas of work and also receive a  more general introduction to the University. Heads of Department or line managers are responsible for considering any additional induction needs which may be necessary for new employees with disabilities. This may mean providing additional induction training or training on particular software or other equipment. (Please refer to Guidelines for Managers).

4.2 Disability occurring during Employment:

Retaining existing staff is often more effective than recruiting new staff and the University is keen to retain employees who become disabled during the course of their employment. An assessment to consider the best course of action will be made involving discussion between the individual, the Head of Department or line manager and Human Resources. The options available include:  

• Job restructuring to allow the person to continue in their present post with adjustment to the duties or working hours, for example, to allow rehabilitation; or
• Retraining and redeployment to another post within the University; or
• Consideration of early retirement or resignation on the grounds of ill-health; or
• If there is no possibility of the three options above being put into practice and the employee cannot realistically continue in employment, then a decision to terminate employment may be made following medical advice.  However, this would be seen as a last resort and the usual rights of appeal apply.

4.3 A final decision will be made only after full discussion with the individual concerned.

5.1 A key concept in the Act is that of ‘reasonable' the University expects people with a disability to be treated with dignity and respect by all staff, students, visitors and contractors. Any form of harassment or discrimination based on disability is unacceptable to the University under the terms of its Bullying and Harassment Code of Practice and is also unlawful under the terms of the DDA.

5.2 There are a number of people available to help, advise and support staff who feel that they are being discriminated against because of a disability.  As well as its Equality and Diversity Adviser, the University also has a Confide Adviser and a trained Confide Panel (contact details are given at the end of this leaflet). The Panel consists of academic and non-academic staff from across the University who are available to discuss matters in confidence.  For further information please refer to the Bullying and Harassment Code of Practice.

6.1 Complaints about disability discrimination relating to employment will be monitored on an annual basis and this will be reported to the Equality and Diversity Sub-Committee.

The Equality and Diversity Adviser and Staff Development will monitor, by collecting  statistical information, about the treatment of people with disabilities. This information will be collected in confidence and only anonymous statistical information will be published.  Equality and Diversity initiatives relating to disability will also be monitored and reported to the Equality and Diversity Sub-Committee.

6.2 Facilities Management (formally Estates Services) will produce a report for the Equality and Diversity Sub-Committee on the accessibility adjustments and investments made over the previous year. This allows the  Committee to consider ongoing developments and future plans. 

6.3 This Code of Practice will be reviewed on a 3 yearly basis in line with other equal opportunities policies.

7.1 The co-operation of all University staff, students, contractors and visitors is essential to ensure the success of this policy. All individuals will be held personally accountable for their actions and behaviour in cases of complaints of discrimination based on disability. Managers and supervisors have a particular responsibility for eliminating discrimination based on disability.

7.2 The University is committed to acting positively to prevent discrimination on the grounds of disability and has a programme of staff training to heighten awareness of disability issues.  If you would like more information about any of the issues discussed in the Code contact the Equality and Diversity Adviser (see Sources of Help) for further information.

8.1 The University has agreed the following Codes of Practice and equal opportunities guides, which are available from Human Resources.

• Code of Practice on Equal Opportunities

• Code of Practice on Harassment and Bullying

• Code of Practice on Inclusive Language

• Race Equality Policy

• Code of Practice on ICT Pornography

• Good Recruitment Guide

• Code of Practice for the Employment of Research Staff

• Policy Statement on the Employment of Ex-Offenders

• Equal Pay Policy

• Code of Practice on Disability and Employment

Sources of Help

 

CONFIDE PANEL

Name	Department	Telephone	Email
Anne Lamb	Human Resources	2168	A.E.P.Lamb@lboro.ac.uk
Justine Sanders	Widening Participation	2481	J.Sanders@lboro.ac.uk
Marina Pickles	Intellectual Property	3858	M.Pickles@lboro.ac.uk
Marilyn Johnson	External Relations	8488	M.Johnson@lboro.ac.uk
Karen Setchell	Facilities Management (formally Estates Services)	2128
Shirley Horner	Information Science	3075	S.M.Horner@lboro.ac.uk
Heather Rees	Information Science	3077	H.L.Rees@lboro.ac.uk
Jayshree Lakha	Civil & Building Engineering	2601	J.Lakha@lboro.ac.uk
Anne Goulding	Information Science	3056	A.Goulding@lboro.ac.uk
Xujin Bao	IPTME	3150	X.Bao@lboro.ac.uk
James Dearnley	Information Science	3060	J.A.Dearnley@lboro.ac.uk

The following people are also available to discuss cases with:

David Berry	Politics, International Relations and European Studies	2988	D.G.Berry@lboro.ac.uk
Rob Kirkwood	Computing Services	2311	R.S.M.Kirkwood@lboro.ac.uk
Jo Arno	Human Resources	8022	J.M.Arno@lboro.ac.uk

Trade Union/Professsional Association

David Edwards
D.W.Edwards@lboro.ac.uk
(UCU)
222515

Dave Gibbs
D.Gibbs@lboro.ac.uk
(UNITE)

Rob Pearson
R.Pearson@lboro.ac.uk
UNISON
228298

Other Internal Sources

Students’ Union

Student Advice Centre (confidential)
635000

Sabbatical Office
Ext. 5000

Counselling Service (confidential)
222148

Disability and Additional Needs Section (DANS)
222770

Security (24 hours)
222141

External Sources

Ability Net Making ICT Accessible for All

Access to Work (provides advice/support to staff with a disability)
0292 042 3291

Disability Rights Commission
08457-622 633
Email enquiry@drc-gb.org
Textphone: 08457-622 644

SKILL (National Bureau for Students with Disabilities)
Email info@skill.org.uk
0207-450 0620

British Dyslexia Association
0118 9662677

Charnwood Disability Forum
based at John Storer House
01509 230131

DIAL UK (Disability Information and Advice Lines)
Email dialuk@aol.com
01302-310123

Disability Employment Adviser
Loughborough Jobcentre
01509-254039

MENCAP (for people with learning difficulties)
0207-454 0454

MIND (for people with mental illness)
Local Notts 01623 658044

National Society for Epilepsy
01494-601300

RADAR (for disability generally)
Telephone:0207 250 3222
Minicom 0207-250 4119

Royal National Institute for Deaf People
freephone: 0808 808 0123
textphone: 0808 808 9000

Royal National Institute for the Blind
0845 766 9999

Scope (for people with cerebral palsy)
Email cphelpline@scope.org.uk
freephone 0808 800 3333