Achieving Excellence Through People Disability in Local Councils Employability Seminar Tuesday 1 December 2009

Achieving Excellence Through People Welcome and Introduction Lorna Parsons Professional Officer Local Government Staff Commission for NI

Achieving Excellence Through People Employability – the law and good practice Paul Oakes Manager Equality Commission for NI

DISABILITY DISCRIMINATION IN EMPLOYMENT A GUIDE TO THE LAW AND GOOD PRACTICE 30 November 2009

European Community Law Council Directive 2000/78 EC Domestic Law 1. Disability Discrimination Act 1995 as amended by- (a) Disability Discrimination (Meaning of Disability) Regs (NI) 1996 (b) Disability Discrimination Act 1995 (Amendment) Regs (NI) 2004 (c) Disability Discrimination (NI) Order Special Educational Needs & Disability (NI) Order 2005 LEGISLATION

Additional Public Sector statutory duties Section 75 of the Northern Ireland Act 1998 Includes a duty to have due regard to the need to promote equality of opportunity between persons with a disability and persons without. Section 49A of the DDA Imposes a duty to have due regard to the need to promote positive attitudes towards disabled people and to encourage participation by disabled people in public life. LEGISLATION

Under the DDA a person is deemed to be disabled if he/she has or has had: a physical or mental impairment which has a substantial and long-term adverse effect on his/her ability to carry out normal day-to-day activities. DEFINITION OF “DISABILITY” / “DISABLED PERSON”

It is unlawful for employers to discriminate against, or harass, disabled persons who are- seeking, or applying, for work; current, or former, employees; contract workers; undertaking practical work experience. DISCRIMINATION BY EMPLOYERS

1. Direct discrimination Less favourable treatment on the ground of the disabled person’s disability 2. Disability-related discrimination Unjustified less favourable treatment for a reason that is related to the disabled person’s disability 3. Failure to comply with a duty to make reasonable adjustments 4. Harassment 5. Victimisation 5 Forms of Disability Discrimination

Harassment occurs where- a disabled person is subjected to unwanted conduct which is related to his/her disability and which has the purpose or effect of: violating his or her dignity, or which creates an intimidating, hostile, degrading, humiliating or offensive environment for him or her. Harassment

The duty is triggered where: a provision, criterion or practice applied by the employer, or where any physical features of the employer’s premises places the disabled person concerned at a substantial disadvantage in comparison with persons who are not disabled DUTY TO MAKE REASONABLE ADJUSTMENTS

Where the duty is triggered, the employer is required to take such steps as it is reasonable for him to have to take in all the circumstances of the case in order to prevent the provision, criterion or practice or physical feature in question from placing the disabled person at the substantial disadvantage DUTY TO MAKE REASONABLE ADJUSTMENTS

CORE COMPONENTS Keep an open mind / use imagination Is it practical? / Will it be effective? [see factors outlined in next slides] How to assess these- consult the disabled person about his/her needs obtain expert advice, where appropriate use trial periods to test effectiveness review periodically ASSESSING REASONABLENESS

Contact Paul Oakes Manager

Achieving Excellence Through People Employability – options Robert Cairns, Consultancy Manager Frances McGirr, Employment Team Leader Paul McGowan, Equality Officer Mencap

Achieving Excellence Through People Employability – assistance for employers Jim McGinley Access to Work Advisor Disablement Advisory Service

Access to Work (NI) AtW Jim McGinley AtW Adviser

Unemployed people People in work who acquire a disability or whose disability progresses People whose job circumstances change within work People who move to a new employer WHO WE CAN HELP

DOES NOT PROVIDE FOR - Support that employers normally provide for non-disabled employees The normal costs of setting up, running or expanding a business Specialist support needed,due to the nature of the business Any business benefit

TO BE ELIGIBLE CLIENTS MUST - Need support at a job interview or in new or existing work Need support to progress in or take up work Live in and have a job in Northern Ireland Not be in receipt of Incapacity Benefit, SDA or Sickness Benefit Not be under 16 years old

ELEMENTS OF ACCESS TO WORK Communication Support at Interview Special Aids and Equipment Adaptations to Premises and Equipment Travel to Work Support Worker Miscellaneous

COMMUNICATION SUPPORT AT INTERVIEW For people who are deaf or have a hearing impairment and need communication support at interview - we meet the full costs

SPECIAL AIDS AND EQUIPMENT We contribute towards the cost incurred in providing special equipment to meet particular work needs arising from disability

ADAPTATIONS TO PREMISES AND EQUIPMENT We contribute towards the cost the employer incurs in modifying premises and equipment to facilitate a specific disabled employee

TRAVEL TO WORK We contribute towards the client`s additional cost of getting to and from work if they cannot use public transport

SUPPORT WORKER We contribute towards the cost of employing a support worker if practical help is needed either at work or getting to and from work

MISCELLANEOUS Specific disability awareness training Costs of in-work travel costs

FOR FURTHER INFORMATION CONTACT Jim McGinley Access to Works Adviser South Eastern Region Jobs and Benefit Office Castlewellan Road Banbridge BT32 4AZ

Achieving Excellence Through People Employability – assistance for employers Margaret Harkin Assistant Manager Employers for Disability NI

Achieving Excellence Through People Employability – valuing disabled employees Laura McCartney Employment and Training Support Manager Disability Action

31 Disability in Local Councils Initiative Valuing Disabled Employees

32 Disability Action Disability Action works to ensure that people with disabilities attain their full rights as citizens by supporting inclusion, influencing government policy and changing attitudes in partnership with disabled people

33 Disability Action Services Access Mobility Centre Transport Information & Policy Training Employment and Training Centre on Human Rights Community Development Count us in

34 Training Support Supporting 400 young people with disabilities in mainstream training Delivering individualised support on work placement Disability Awareness Training Job coaching Natural Supports

35 Workable NI Supporting people with disabilities in employment with an individually agreed package of support Monitoring reasonable adjustment Assistance with development costs Liaison with support networks Building work skills Training for employer

36 Disability Statistics 1 in 5 adults in Northern Ireland has a disability 1 in 4 families here are affected by disability A person with a disability is 3 times more likely to be unemployed 70% of people acquire their disability during working life

37 Reasonable Adjustments- Recruitment and Selection Attracting Disabled Applicants Develop partnerships with support organisations Short-listing Interviewing Disabled Applicants Don’t make assumptions – seek clarification from the individual Introduce positive actions

38 Reasonable Adjustments - To the Job Flexible working/adjustments to hours Re-allocation of duties/internal transfer Additional training or supervisory support Aids and adaptations/physical adjustments Adjustments to policy/procedures

39 “Employee views”  Some very positive experiences, some negative  Inconsistent – perception of high dependence on line manager’s attitude  Managers and co-workers generally supportive  Reluctance by some individuals to request reasonable adjustment  Perception that some requests were reluctantly received

40 Reasonable Adjustments - Entry Level Jobs? Track career progression Actively encourage disabled employees to apply for training and promotion Ensure that information on training is accessible to disabled employees Ensure training delivery is accessible

41 Reasonable Adjustment- Performance Issues Train managerial/supervisory staff Disability equality training for staff responsible for appraisal Ensure appraisal system takes account of reasonable adjustments Ensure sick absence and performance management processes are compliant

42 Cont. Ensure staff are aware of internal and external supports Seek information from your disabled employee re reasonable adjustments Consider additional reasonable adjustments to improve performance

43 Positive suggestions – by disabled staff Proactive consideration of potential adjustments at one to one or staff appraisal. Reassure that a positive view will be taken of requests for practical adjustments. Designate and publicise a contact point for staff to access information and advice on reasonable adjustments and employment issues.

44 cont. Train line managers on the implications of the DDA and the employer’s equality policies. Disability Equality Training should be included as part of the induction programme for all staff. Encourage/offer confidence building for employees with disabilities to apply for training/promotion. Ensure reasonable adjustments do not have an unforeseen negative impact on training or promotion.

45 Good Management Success depends not only on policies but on people Support and supervision Staff appraisal Positive working relationships Engagement with staff Developing staff to their full potential

46 Inclusion and Engagement Consult disabled employees Train supervisors and co-workers Consider an employee focus group Monitor the effectiveness of reasonable adjustments Communicate with employees and other stakeholders

47 Access to information Accessibility issues for general information Disability specific –Adjust policies and procedures –Develop disability policy Avoid good practice silos Listen to disabled employees Information network

48 Disability Champion One point of contact High level commitment Focus for –Engagement with disabled staff –Sharing best practice on reasonable adjustment –Driving positive actions –Development of networks

Achieving Excellence Through People Support for Champions – training package Based on Disability Champion Role Specification

Achieving Excellence Through People Training and Support Package Disability Equality Training Effective Consultation with people with disabilities Training on the role of the Disability Champion Managing Disability in the Workplace

Achieving Excellence Through People Any other needs to perform the role of Disability Champion effectively?

Achieving Excellence Through People Question and Answer Session