South Hams Council operates the following policy regarding employment of individuals with a disability.
Overview
The Disability Discrimination Act 1995, which came into force on 2 December 1996, introduces a new concept of employment discrimination against people with disabilities into British law. People with disabilities have potentially extensive new employment rights under the Act which also makes provision for comprehensive employer duties and responsibilities.
To accompany the Act itself, the government has produced detailed regulations, formal guidance on the definition of disability under the Act and a statutory employment Code of Practice. The Code has statutory force and will be admissible evidence in any legal proceedings under the employment provisions of the Act.
The DDA is new and therefore untested legislation. Future case law development will provide any authoritative interpretation of the meaning and application of the law.
Personnel Services holds copes of the relevant Codes of Practice and supporting literature and managers are advised to refer to Personnel when they encounter situations likely to encompass the provisions of the Act.
A New Legal Definition of Disability:
The Act introduces a new legal definition of disability and repeals the 'registration' or 'green-card system'. Under the Act a 'disabled person' is defined as a person with:
"A physical or mental impairment which has a substantial or long term adverse effect on their ability to carry out normal day-to-day activities".
Regulations and formal guidance have been issued to clarify the scope of the definition including those conditions which are expressly excluded from the Act and how key terms should be applied in determining a relevant 'disability'.
There is no specific definition of the word 'disability' and managers are strongly advised to contact Personnel Services for advise as to the scope of the definitions.
The Employment Provisions
Scope of the Act:
The Employment Provisions are broad in scope and apply to:
- All Council employees i.e. full-time, part-time, temporary, employees on fixed term contracts, casual employees;
- Contractors, Sub-Contractors and Volunteers who work with the Council;
- All aspects of the employment relationship
- Discrimination and Less Favourable Treatment
It is unlawful for the Council to discriminate against a disabled person. The Act does not give employment rights to non-disabled people, who cannot therefore complain of discrimination under the Act.
Managers must ensure that in areas of employment (for existing employees and during recruitment) that they do not treat less favourably a person with a disability for reason of their disability and that they do not unreasonably refuse to comply with the duty to make a reasonably adjustment as defined under the Act.
Policy Statement on Disability for Purpose of Employment
Statement of Intent:
"The Council acknowledges its responsibility under the Act. Our aim is to ensure that no job applicant or employee receives less favourable treatment on the grounds of a disability as defined by the Act. We will ensure that individuals are selected, promoted and treated on the basis of their relevant merits and abilities.
Individual members of staff also have a responsibility to ensure that in undertaking their normal work duties they themselves do not discriminate against colleagues and members of the public."
Key Action Point - Recruitment
The Council will ensure that during the key recruitment stages of:
- Job and person specification
- Internal and external advertising
- Short listing criteria and practices
- Testing and assessment systems
- Interview and selection arrangements
- Its managers and agents will not treat less favourably a person with a disability for reasons connected with their disability.
Managers are required as part of the Vacancy Vetting Procedure to complete the SUMMARY SHORTLISTING/SELECTION CRITERIA FORM to ensure that the resultant recruitment process and selection decisions are fair and free from bias.
The Council has a responsibility under the Local Government and Housing Act 1989 to appoint on merit and may not for any reason positively discriminate.
Key Action Point - The Employment Relationship
The Council will ensure that during the employment relationship with all its employees that it will not treat less favourably any employee for reason of their disability as defined by the Act.
Key employment areas for purposes of this policy are:
- Terms and Conditions of Service
- Promotions and transfers
- Training and development and other benefits
- Redundancy, dismissal or subjection to other detriment
Responsibility for Montitoring
At Member Level
The responsibility for monitoring the effectiveness of this policy rests with the Council's Personnel Committee as supported by the Personnel Review and Monitoring Group.
Support and Advice
Personnel Services, in conjunction with the Council's Access Officer, will ensure that all Managers and employees are made aware of good practice in the area of managing disability and that guidance and support is made available for Members, Managers, Employees, Trade Unions and Employee Representatives to ensure successful compliance with the Council's responsibilities as an "employer" as defined by the Disability Discrimination Act 1995.
