Severn Vale Housing Society

Introduction

Severn Vale Housing Society (SVHS) is committed to ensure that all disabled employees have the same opportunities in employment as non-disabled employees, for example, access to training and promotion, with appropriate support so as not to disadvantage or discriminate against them.

Policy Objectives

SVHS will seek to achieve this by:

• safeguarding the rights that disabled employees have and ensuring that no discrimination takes place;
• ensuring that there are systems and procedures in place which promote and encourage full participation and development of all disabled employees;
• making every effort to retain an employee if they develop a disability whilst employed at SVHS;
• ensuring that staff, particularly line managers and members of the HR team, develop their awareness of 'disability' and are provided with adequate information which will help make this policy work.

The emphasis of this policy is to give guidelines on best practice and outline our legal obligations.

Procedures

Definitions and explanations

The Disability Discrimination Act (1995) defines a disabled person as someone who has 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'.

Discrimination

An employer discriminates against a disabled employee:

• if for a reason which relates to the disabled person's disability he/she is treated less fabourably than others to whom that reason does not or would not apply; and
• the employer cannot show that the treatment in question is justified; and
• if the employer fails to comply with the duty to make a reasonable adjustment in relation to the disabled person and the employer cannot show its failure to comply with that duty is justified.

Grievance Procedure

If a disabled employee feels that he/she has not been treated fairly due to their disability, they should, in the first instance, discuss this with their line manager and/or the HR Manager. If the situation is not rectified to their satisfaction, the employee should refer to and follow the Grievance procedure as set out in SVHS's Terms and Conditions.

Recruitment Process

• All SVHS adverts and job descriptions identify essential criteria and SVHS has made a commitment to interview all applicants with a disability who meet the minimum criteria. This is stated in all adverts.
• Adverts, job descriptions and person specifications will be reviewed on a regular basis to ensure that they do not discriminate against disabled people, eg. not use phrases like 'able bodied', 'must have an eye for detail' etc.
• SVHS will also ensure that appropriate arrangements are made, where necessary, during the recruitment process to make sure that candidates are not unfairly prejudiced.
• SVHS will make sure that its job application form adopts best practice, allowing candidates to show how they are suitable for the post.

Training

Disabled employees will have the same training and development opportunities as for all members of staff and given appropriate support when necessary, eg. provide specialist training materials if necessary. This is stated in SVHS training policy.

Communication

SVHS is committed to providing opportunities for effective communication between disabled employees and their line managers / Directors and recognises the importance of allowing the disabled employee to put forward views on how SVHS can make their working environment easier. Meetings will range from:

• the formal one-to-ones between the employee and line manager when there will be an opportunity for the employee to raise issues relating to their disability if they so wish;
• appraisal sessions which should be sensitive to the needs and requirements of disabled employees and realistic targets set;
• informal meetings between the employee and the HR Manager.

Medical Assessments

Medical Assessments by Occupational Health may be carried out either during the recruitment process or at any time during employment when SVHS considers advice is necessary to determine:

• the nature of the disability;
• the general prognosis;
• what limitations or difficulties the individual may experience - ie. what duties can/cannot be carried out;
• any advice as to the action SVHS can take, ie. what adjustments can reasonably be made.

The frequency of visits will be dependent upon the nature and severity of the condition. Regular reports are required to build up a history and full picture that will allow the Society to monitor the situation. Procedures will be followed according to the Medical Reports Act 1988.

A risk assessment will be organised within the first week of service and may be carried out by the local Disability Advisor at the Employment Service.

If an employee becomes disabled whilst employed at Severn Vale

Where an individual formally notifies SVHS of their disability, SVHS will make every effort to make sure that the employee stays in employment and make any adjustments that are considered reasonable. A medical assessment will begin the process of establishing what adjustments are necessary.

Reasonable Adjustments

Examples of adjustments that could be made are as follows:

• Making adjustments to the workplace.
• Modifying equipment.
• Acquiring specialist equipment.
• Altering his/her working hours.
• Allocating some of the disabled person's duties to another person.
• Transferring him/her to fill an existing vacancy.
• Allowing him/her to be absent during working hours for rehabilitation, assessment or treatment.
• Offering training/support to help the employee come to terms with their disability.
• Providing a reader or interpreter.

However, this list is not exhaustive. The following factors also need to be considered in assessing whether the adjustment is a 'reasonable adjustment':

• To what extent is it practical to make an adjustment?
• By making the adjustment, to what extent will it prevent or help the effects of the disability?
• What are the financial and any other costs to the employer?
• To what extent will making the adjustment become disruptive to the employer and other employees?
• The availability of any financial assistance or support from outside bodies to help make the adjustment, eg. the employment service.

If SVHS have made reasonable adjustments for the employee but medical reports state that their condition is deteriorating to such an extent that it is posing a safety risk to themselves and to SVHS, and the prognosis is poor, other appropriate options will have to be considered. These are seen as final options however. SVHS will make every effort to retain the employee but the health and safety of employees is of paramount importance to SVHS.

Discipline and Dismissal

Disabled employees will be subject to SVHS normal disciplinary rules and procedures.