Guidance for disabled staff

Introduction

The purpose of this document is to provide details of the University’s support for disabled staff in the course of their employment.

This guide should be read in conjunction with the Staff Disability Statement. 

You will likely have completed the relevant Disability Equality online training course which provides an overview of the University’s legal responsibilities in relation to disabled staff; however this information can be accessed at any time to refresh your memory.

Responsibilities

The University expects all staff to;

• Support the implementation of the University’s Equality Outcome Plan
• Comply with the Equality Act (2010) 
• Complete the equality and diversity online training modules, including disability equality training
• Promote equality and non-discriminatory practice
• Support the implementation of reasonable adjustments in the workplace

Equality Act (2010)

The Equality Act (2010) makes it unlawful for disabled people to be discriminated against unreasonably in all aspects of employment, including;

• Recruitment
• Terms of employment
• Promotion, transfer or training opportunities
• Benefits
• Dismissal or redundancy
• Post employment (e.g. references)

According to the Equality Act, Discrimination occurs when;

• A disabled employee is treated less favourably than another employee
• The treatment is related to the member of staff’s disability
• The treatment cannot be fairly justified

Further details of the employment provisions of the Equality Act, including practical examples, are available in the Equality and Human Rights Commission’s Code of Practice on Employment. 

How do I know if I am disabled?

The Equality Act provides the following definition of “disability”

“a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.”

Substantial is defined as neither minor nor trivial.

Long term is defined as lasting longer than 12 months, is likely to last longer than 12 months, or is likely to last for the rest of your life.

This definition covers a wide range of physical, mental and sensory impairments, including specific learning difficulties such as dyslexia and chronic health conditions such as diabetes, epilepsy and depression. Certain medical conditions, such as multiple sclerosis, cancer and HIV, are covered by the definition of disability from the point of diagnosis.

If you are still unsure as to whether you are covered by the above definition you can seek guidance from the People Support team, Occupational Health or Disability Services. Initial advice can be provided in confidence should you not wish to formally disclose your disability.

Further information is also available from the Office for Disability Issues' guidance: Definition of Disability Under the Equality Act 2010.

Reasonable adjustments

The Equality Act states that employers have a duty to make “reasonable adjustments” to ensure that disabled employees have equal opportunity in the work place. Examples of reasonable adjustments may include;

• re-allocation of duties
• flexible working hours
• changes to procedures or working practices
• time off for rehabilitation, assessment or treatment
• additional training
• purchase or modification of equipment
• modification of reading and information formats
• redeployment
• provision of a support worker

Guidance on reasonable adjustments can be sought from the People Support team, Occupational Health or Disability Services.

Things that the University will take into account when investigating and agreeing any reasonable adjustments with you are;

• the effectiveness of the adjustment in preventing the disadvantage;
• the practicability of making the adjustment;
• the financial and other costs of the adjustment;
• the extent of the University’s financial and other resources;
• the extent of any disruption caused;
• the availability of financial, such as through Access to Work, or other assistance to help make the adjustment;

Any adjustments implemented will be monitored and reviewed at least annually but more regularly if necessary to respond to individual needs to ensure that they are still required and to determine if and when additional adjustments are required. The People Support team will contact you annually to give you the opportunity to discuss this. However if your requirements change between reviews please inform your line manager and the People Support team.

Many reasonable adjustments can be provided at no financial cost. Where such costs are required, reasonable adjustments are funded in two ways;

• Access to Work (Government grant which can pay up to 100% of the cost of identified adjustments for new employees; up to 80% otherwise)
• School / Discipline / Directorate budget

In the event that reasonable adjustments cannot sufficiently enable you to carry on in your post, possible options are to transfer to another post (with reasonable adjustments and possibly training), retirement on the grounds of ill health or termination of contract. Please note the latter two options will be discussed with you and will only be investigated as an absolute last resort following due process.

Access to Work

Access to Work is available to help overcome the work-related issues resulting from disability. It offers practical advice and help in a flexible way that can be tailored to your needs in a particular job.

Access to Work can offer a grant towards the approved costs that arise because of a disability. If you have just started work, it is advised that you make initial contact with Access to Work to indicate that you will have a forthcoming application. For people who are starting a job with the University, the grant is set up to 100% of approved costs. For those who already work for the University, the grant is up to 80% of the approved costs over the first £1000. The balance of costs that exceed £10,000 are normally paid in full by Access to Work.

Access to Work might pay towards the cost of equipment, adapting premises or employing a support worker. It can also pay towards the cost of getting to work if you are unable to use trains or buses, and for a communicator at job interviews. You can also access free support for your mental health at work through the Mental Health Support Service either by applying to Access to Work or by contacting the providers direct: Able Futures or Maximus UK Travel and support worker costs, such as BSL assistants are also fully funded if approved by ATW

If you have a disability and are seeking support through Access to Work then please contact your line manager in the first instance. The People Support team may then if necessary arrange an Occupational Health appointment. Occupational Health will assist to provide the information that may be required to progress an Access to Work application i.e. confirmation of diagnosis of a condition.  You can also apply directly to Access to Work online via the Government’s Access to Work website or by phone but please advise your line manager or a member of the People Support team of this as Access to Work will need to contact the University to progress your application. If you have any difficulty making the Access to Work application, the People Support team can facilitate this process and can provide support with completing the online form if necessary.

On receipt of an Access to Work application:

1. An Access to Work assessor will contact you to arrange a suitable time to discuss your work-related support needs.  They may be able to agree a support package with you there and then, especially if you already have a clear idea of what you need. Otherwise, they may offer you the chance to meet with someone with specialist knowledge to help identify your specific support requirements.
2. The Access to Work Advisor will then contact the People Support team to discuss what financial contribution the University can make, and ensure the support that you need can be provided in your workplace. Please note that Access to Work will not normally talk to your employer without your permission. 
3. Usually, the Access to Work Advisor will send the People Support team details of the support agreed. Your School/Unit is responsible for any practical arrangements, such as purchasing equipment and implementing support.
4. Note that no equipment or other support should be purchased without first obtaining consent from Access to Work. Interim arrangements should be made by your line manager to ensure that your disability-related needs are supported, pending receipt of equipment/other support through Access to Work.
5. If IT equipment and software is recommended by ATW it is important to contact IT support to ensure it is suitable to be used at UoD.

Who can I talk to?

You have no duty to tell the University that you are disabled. However, the University is working hard to create an environment where disabled staff feel confident to disclose their disability. It is important that the University is aware of any disabilities so that reasonable adjustments to meet your individual needs, where required, can be identified and implemented as soon as possible.

Ideally, in the first instance, you should discuss this with your line manager to determine the support and adjustments you think would be useful in your role. If you are not comfortable speaking to your line manager, then please contact the People Support team. Please note that you will not need to explain your reasons for not contacting your line manager, but there may be a need to involve them at a later date if reasonable adjustments need to be made to your working area or conditions. You may also, if you prefer, self-refer to Occupational Health or Disability Services for confidential information and advice. However, please note that in order for Access to Work applications to be made and reasonable adjustments to be implemented, the People Support team will need to be informed. This process is summarised in our Referral Process Flowchart or Disabled Staff.

Recruitment

The University has specific responsibilities under the Equality Act towards job applicants and candidates with disabilities.  The University will not;

• treat a disabled person less favourably because of their disability
• discriminate unjustifiably i.e. if an individual is not considered for a post, or not offered a post for reason of their disability, the employer must be capable of demonstrating that the disability is of such significance in relation to the job that it would not be possible to appoint the disabled person.

Furthermore, we have a duty to make reasonable adjustments to the working environment or work practices to facilitate the employment of a disabled person; the University is also obliged to make reasonable adjustments for interviews. This may include for example, arranging the interview in an accessible location or providing an interpreter.

Further information can be obtained from the People Support team, Occupational Health or Disability Services

There is no requirement for a candidate with a disability to disclose this.  However, if a candidate has

• disclosed the fact that they have a disability
• asked for particular arrangements to be made at interview, which relates to a disability,
• a noticeable disability

the University will ensure this is dealt with in an appropriate and sensitive manner.

At interview any questions about your disability are asked to understand the nature of your disability as it relates to the job.  Information obtained from you will enable the Interview Panel to assess whether reasonable adjustments may be necessary to enable you to undertake the job.  

Please see the Equal Opportunities section in Recruitment and Selection Policy for further details.

Disclosure and confidentiality

You do not have to disclose your disability to the University but we ask you to carefully consider the advantages of doing so. When a disability is disclosed, the University will do all that it can to identify and arrange appropriate support and provision to meet your disability-related needs. Information relating to your disability is personal and sensitive and will therefore be handled in accordance with the Data Protection Act and GDPR.

In practice, this means information about your disability will not be disclosed to anyone without your express consent and all discussions with your line manager, the People Support team, Occupational Health and Disability Services will be treated as confidential. In order for your support needs to be met, specific information may have to be shared with other members of University staff with your consent. For this reason, disabled staff will be asked to sign a Disability Disclosure Form.

You can disclose a disability on any of these forms;

If you disclose a disability to the People Support team and request that this information remains confidential, the University will make every effort to make reasonable adjustments without full disclosure, although this may mean that your disability-related needs may not be fully met.

If you agree to disclosure, this will be handled sensitively, by service units involved in this process (e.g. your line manager, the People Support team, Occupational Health and Disability Services.) It may be necessary for disclosure to extend to your colleagues to fully meet certain adjustments required to the working area. This will only be undertaken with your full consent.

What happens if I become disabled?

If you become disabled during the course of your employment, you should discuss this with your line manager and the People Support team who will ensure that;

• All reasonable adjustments are identified and implemented to meet your disability-related needs as soon as possible (People Support team will liaise with Occupational Health and Disability Services as required);
• Any agreed reasonable adjustments to your role are made or are scheduled.
• If you are unable to return to your current role the University will look to see if there are any other suitable roles that you can be successfully redeployed into and provide sufficient training, if appropriate

Losing your skills and expertise if you become disabled is something the University wants to avoid. However, if you are unable to return to work, then the People Support team will ensure that this is handled sensitively and that early retirement on the grounds of capacity or termination of employment where appropriate is processed smoothly and with your full consultation.

Please note that this procedure also applies if your condition changes in a way that adversely affects your ability to carry out your current role, once all reasonable adjustments have been considered.

Support is available from the People Support team, the University’s Occupational Health, Counselling Service and Disability Services.

Risk assessments and PEEPs (Personal Emergency Evacuation Plans)

Where appropriate, your line manager will review with you the risk assessments for the work you do following the inclusive risk assessment guidance available from Disability Services. Such assessments will be reviewed on a regular basis. Training is provided for line managers on undertaking inclusive risk assessments.

In some cases the inclusive risk assessment will identify that you require a Personal Emergency Evacuation Plan (PEEP).   A PEEP will be carried out by your line manager fire health and safety guidance.

Statistics and monitoring

The University is legally required under the Equality Act to monitor and report annually its disability disclosure figures for staff. These figures are collected via the forms outlined in section 9.

This information is also requested to encourage disclosure of disability so that all reasonable adjustments can be put in place to meet any individual work-related needs.

The University will continue to collect and monitor these statistics and encourage disclosure as part of its commitment to the provision of an inclusive and equitable working environment.

Complaints procedure

We hope that you will find no cause to complain about the University’s provision for disabled staff but, if you do, we will do our best to resolve your complaint quickly. If you would like to make a complaint, this can be done informally or formally.  The procedure is contained in the Dignity at Work and Study and / or Grievance policy.

Support services and facilities

Please see the Staff Disability Statement for full details of the University’s Support Services and Facilities..

Disability related absence

You may require time off to attend appointments, therapies and clinics for reasons related to your disability. The University is supportive of this and allows reasonable paid time off to be granted on request. (Please note evidence of the appointment may be requested.) If appointments are frequent then you may be asked to make the time up or to take annual leave.

Related documents

• Staff Disability Statement
• Guidance for Line Managers in Supporting Disabled Staff
• Equality Outcome Plan
• Equality and Diversity Policy
• Equal Opportunities section in Recruitment and Selection Policy