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Employment provisions of the Disability Discrimination Act 1995

Report: 13
Date: 3 October 2002
By: Commissioner

Summary

This paper is provided at the request of the MPA and outlines the progress in respect of the employment provisions of the Disability Discrimination Act 1995 (DDA).

A. Recommendation

Members are invited to note the progress made to date in respect of the employment provisions of the Disability Discrimination Act 1995.

B. Supporting information

Introduction

1. The purpose of this paper is to provide members with information on the actions taken by the MPS to comply with the DDA.

MPS preparations for the DDA

Disabilities Adviser

2. The post of disabilities adviser was set up in October 1994 in the then Equal Opportunities Branch, to develop policy in advance of the Disability Discrimination Act 1995 which came into force on 2 December 1996. In May 1997 the post holder moved to the Personnel Policy Branch. The post holder undertakes a strategic role and is primarily involved in advising and developing policy on all aspects of disability matters.

Guidance

3. In advance of the Disability Discrimination Act, A Guide to Best Practice was issued to all personnel managers and business managers in October 1996. As a response to requests from both police and civil staff, a pocket guide to disability etiquette, ‘Getting it Right’ was initially issued to all police officers, station reception officers and traffic wardens and later to all staff who requested a copy. An updated version was reissued three years ago in collaboration with the Employers Forum on Disability. Briefing notes from the Employers’ Forum on Disability covering a wide range of disabilities have been issued over a period of years to all personnel managers in the Service.

Survey of number of disabled staff

4. A survey was carried out in August 1996, of all the then 17,000 civil staff, prior to the introduction of the Disability Discrimination Act in December of that year. Some 5000 questionnaires were returned. Fourteen per cent (692) identified themselves as having a long-standing illness or disability 

Actions taken by the MPS in terms of ‘reasonable adjustments’

5. A summary of the actions taken by the MPS in order to address ‘reasonable adjustment ‘ and accessibility issues are contained in Appendix 1.

Recruitment and retention

6. The DDA places a duty on the police service. At present the duty relates only to civil staff but in appropriate circumstances, the spirit of the Act is also applied to police officers, each case being considered on its merits, not to discriminate unjustifiably against a disabled person in job advertisements, application forms, during short listing and arrangement of interviews during pre-employment health screening. When a disabled individual applies for a position, the police service is expected to make reasonable adjustments to enable the disabled person to fulfil this role. If the MPS decides that adjustments are not reasonable, it must be able to show that the justification for this decision is material and substantial. The Selection Directorate is currently considering how references to disability issues can be incorporated in the recruitment literature.

Actions being taken in preparation for extension of DDA to police officers

7. Preparations are in progress in the Home Office for the inclusion in 2004 of police officers within the scope of the DDA. We await information from them on the effects that it will have on conditions of service, pensions, etc. The MPS will be taking part in the National Police Conference organised by the Employers Forum on Disability, on 30 October in Birmingham, which will explore the changes and new ways of working which will be required.

Data

8. The DDA does not require people to register as disabled which has made it difficult to assess the numbers of disabled people within the organisation. The definition of disability is now much broader and there are number of people who do not wish to admit to a disability or for whom the condition they have is simply something with which they live, rather than a disability. Met HR should enable the Service to record those members of staff with a disability, or at least those who wish to declare a disability, and to monitor the reasonable adjustments which have been made for them. 

Ongoing work

9. Five areas of activity are the subject of proposed or ongoing work. These are:

Survey

10. Carry out a further survey of all civil staff to establish up to date data and whether the position has changed since the last survey was conducted.

Promotional initiatives

11. Pursue, in conjunction with other MPS business groups including Diversity Directorate, initiatives and funding opportunities in order to:

  • actively promote and progress reasonable adjustments
  • further promote disability issues within the Service and pursue additional attendance at suitable disability seminars, master classes etc to network and to raise the profile of what the MPS has already achieved and would like to achieve
  • arrange for the MPS to host occasions for other organisations as we do for race and gender issues

Recruitment

12. Ensure that our recruitment and selection policies and procedures are not just compliant with DDA but encourage those with disabilities to apply and progress within the MPS. This is currently being addressed.

Links with other departments and organisations

13. Links need to be forged with other government departments, the private sector and other disability organisations in order to 'fly the flag' and to find out what initiatives other organisations are involved with and perhaps to join forces with them. 

Culture

14. 

  • A key post of the HR policy review is to ensure that all our current policies comply with employment legislation and compliance with the DOA forms part of the review. In addition the provisions of the DDA are taken into account in developing new policies, such as the Fairness at Work policy.
  • Need to raise the profile of disability issues within the MPS to reflect the same level of commitment given to disability issues as to race and gender
  • Change the views still prevalent within certain parts of the Service that adjustments are made for disabled people, because law obliges us to and not because it is something that we should do as a matter of course
  • A need for co-ordinated, disability awareness training for all staff. Some training has been done, but it is patchy and is something that needs to be addressed as part of the training cycle for both police and civil staff

C. Equality and diversity implications

As set out in the body of the paper.

D. Financial implications

There will be cost implications for some reasonable adjustments, training and the promotion of disability issues within and outside the MPS. It is expected that these will be met from within existing resources. Any additional significant resource requirements would be subject to a separate report to the MPA.ect.

E. Background papers

None

F. Contact details

Report author: Michael Shurety, Director of HR Services.

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1: Actions taken by the MPS in terms of ‘reasonable adjustments’ and accessibility

  • Production of a Powerpoint presentation disability awareness training package January 2001 - distributed to all personnel managers and training units and to the trades unions
  • Publication of Special Notice 19-01 in November 2001: Guidance Notes for the recruitment and retention of staff with disabilities
  • Two very successful conferences for staff in the autumn of 2000 and 2001 covering various aspects of disability. Both very well attended. 
  • The provision of text telephones (minicoms) on all boroughs - this is in the process of being rolled out - to enable members of deaf community to speak directly to a police officer 
  • The provision of voice-activated technology to members of staff with work-related upper limb disorders (also known as RSI - repetitive strain injury) or those with limited vision. Some members of staff have been provided with a various kinds of assistive technology in the form of a scanners which can read text and translate it into the spoken word, voice-activated computers, enlarged screens, Braille keyboards, etc 
  • Induction loops in all police stations - the first phase of the installation of induction loops has been completed with 118 in place. Work has been carried out with the advice of, and in conjunction with, RNID. The second phase of loops is under review. It is hoped to cover in this phase meeting rooms that are only used occasionally but to which local people in particular, are invited. The Property Services Directorate are also looking at the provision of mobile loops, who uses them, and the training issues involved, particularly for police officers.
  • Acquiring the 'Two Ticks' Positive about Disability symbol. The MPS achieved the Positive about Disability symbol, known as ‘The Two Ticks Symbol’ six years ago. The use of the symbol:
    • demonstrates that we are serious about good employment opportunities for people with disabilities; and 
    • makes it clear to potential job applicants with a disability that we welcome them on the basis of their abilities.
  • Participation in the Supported Placement scheme - the scheme provides employment for people with learning or physical disabilities, or multiple disabilities who are unlikely to be able to compete for employment in the usual way or to be able to carry out 100% of the duties of the appropriate grade. The percentage will relate to the proportion of the job that the disabled person is able to complete. To date the MPS has dealt with the Shaw Trust, Outset, Remploy, Opportunities for the Disabled and Status Employment. The MPS has about 8 members of staff on supported placements in various parts of the organisation. This may seem a low figure but given the increasing use of technology within the Met, it has become increasingly difficult to place individuals as those offered to us for employment do not have these skills
  • Use of the Access to Work scheme - The Department for Work and Pensions assists those who wish to work for the Met and those who are in employment. It offers practical help to deal with obstacles that may occur. It applies to any post, full or part time, permanent or temporary. The Access to Work programme can help pay for:
    • a communicator for a person with a hearing impairment 
    • a part-time reader or assistant at work for someone with sight problems 
    • equipment to the particular needs of the disabled person 
    • alterations to premises or working environment 
    • a support worker if practical help is required, either at or getting to work 
    • assistance with taxi fares or other transport costs if the individual is unable to use public transport 

There is no central funding for disability issues within the MPS, so any reasonable adjustments required are funded from local resources. For this reason it is very difficult to give an accurate figure of the amount of usage or the costs involved. The Disabilities Adviser receives a number of calls each month asking for advice on equipment, assessments, etc. Anecdotal evidence suggests that:

  • the scheme is reasonably well used;
  • the most frequently requested adjustments are for hearing and sight impairments and for work related upper limb disorders (which used to be called RSI); and
  • most reasonable adjustments do not cost more than a couple of hundred pounds 

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