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Employees with Disabilities Policy
Policy Statement
The organisation recognises that it has clear obligations towards all its employees and the community at large to ensure that people with disabilities are afforded equal opportunities to enter employment and progress within the organisation. In addition to complying with the requirements of the Equality Act 2010, the organisation will follow procedures designed to provide for fair consideration and selection of disabled applicants and to satisfy their training and career development needs. When an employee becomes disabled in the course of their employment, reasonable steps will be taken to accommodate their disability by considering adjustments to working practices and arrangements, or by considering redeployment and appropriate retraining to enable them to remain in employment with the organisation wherever reasonably possible.
Procedure
Statutory requirements
- The law imposes an obligation on employers not to discriminate against disabled people either directly or because of something arising in consequence of disability (eg long-term sickness absence), although the latter is open to justification. The organisation’s policy is to comply with those statutory obligations.
Recruitment and selection
- The organisation will ensure that:
a. all job descriptions/person specifications and recruitment advertisements are drafted in such a way as to make clear which are the essential requirements of the position and consideration will be given to making reasonable adjustments to job descriptions/person specifications to accommodate the needs of people with disabilities
b. the organisation’s equal opportunity policy is referenced in all recruitment advertising. - Providing the manager responsible for recruitment has been made aware that a job applicant has a disability, they must inform other relevant employees when the person is expected for interview and provide instructions on how they should be assisted.
- Managers will not ask job applicants health- or disability-related questions at interview except if a particular question is necessary in order to establish whether the job applicant is capable of performing the key duties of the job in question. Health-related questions may otherwise be asked only after a job offer has been made.
- A risk assessment will be undertaken before any disabled person begins work and, where genuine and legitimate doubts exist over a disabled person’s ability to perform the full duties of the job concerned, a trial period may be offered after consultation with the manager. A copy of the risk assessment will be kept on the employee’s file.
- Where adaptation of premises is required to enable a disabled person to take up employment, the matter should be discussed with the Disablement Advisory Service (www.delni.gov.uk) where appropriate.
- In cases where advice is needed on a medical condition or on the safety implications of recruiting a disabled employee, the manager will contact the Employment Medical Advisory Service (www.hse.gov.uk) or occupational health service for guidance.
During employment
- Where special steps need to be taken to ensure the health and safety of any employee, members of staff will be informed by the manager.
- Training and promotion opportunities must be available to all, regardless of disability. An extended trial period may be offered to a disabled employee on transfer or promotion where considered appropriate by the manager.
Disabilities arising during employment
- When an employee becomes incapable of carrying out their normal duties because of a disability, consideration must be given to reasonable adjustments to the job and working conditions, redeployment and retraining.
- Where necessary, the manager will arrange through the Disablement Advisory Service or an occupational health service for an employee’s capabilities to be assessed with a view to identifying suitable alternative work for that individual or making reasonable adjustments.
Termination of employment
- Capability: where an employee’s performance falls to an unacceptably low standard through a deterioration in their health or fitness caused by a disability, the manager will:
a. explore the possibility of adjusting the job to allow continuation of employment
b. consider alternative employment.
- If, having considered the above options, it is apparent that the employee cannot realistically continue in employment, a decision to dismiss may be taken only by a director of the organisation following consultation with the employee, their representative and in conjunction with medical advice. Prior to any dismissal, the organisation will consider the duty to make reasonable adjustments in respect of disabled employees. A disabled employee will not be selected for redundancy on the grounds of their disability.
- Sickness absence: where an employee has had extensive sickness absence on account of a condition that amounts to a disability, the employer will review whether it is reasonable to make adjustments to the absence policy. Such adjustments may (if reasonable) include extending the trigger points at which the policy is applied, exempting some of the absences from the application of the policy and/or deciding not to impose warnings on account of a level of absence that would normally attract a warning.
Employee representatives
- Employee representatives, alongside management, have responsibilities for ensuring that the organisation’s policy is fairly and consistently applied.
- The organisation’s policy and procedures concerning the employment of disabled people will be reviewed from time to time and discussed in any joint consultative meetings.
Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next review date: this policy is reviewed annually (every 12 months). When needed, this policy is also updated in response to changes in legislation, regulation, best practices, or organisational changes.
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