Supporting disabled staff at Newcastle University Guidance for Managers

Transcription

1 Supporting disabled staff at Newcastle University Guidance for Managers

2

3 Table of Contents 1. Purpose of Enable Managers Guidance Your responsibilities as a Manager How to identify support for an existing member of staff How to identify support for a new member of staff University Context What is a disability? Sources of funding for reasonable adjustments Assistance available within the University Assistance outside the University What is Access to Work? Information on University websites Accessibility Contact Information Disability Briefing Notes Frequently asked questions Disability Case Studies

4 1. Purpose of Enable Managers Guidance To build the knowledge and confidence of managers This guidance has been collated to assist managers to meet the requirements of, and feel confident working effectively with, disabled staff. It contains: information about the actions you are expected to take when you have a disabled member of staff in your team the procedure to follow for a new employee and for an existing member of staff who develops a disability information about how to use the Case Conference Approach for discussion and decision making To provide support and protection under policy and the law information about the requirements of the Equality Act 2010 information about the University s policy on support for disabled staff internal and external sources of support To provide information about different types of disability In an Appendix there is a series of Disability Briefing Notes which give information on some of the most common disabilities. These include: A short definition of each disability. Where information is available The main effects of the disability. Lists of adjustments often associated with the particular disability. Sources of additional information and external support. NOTE: The briefings are not exhaustive, as the adjustments a disabled staff member requires may be affected by many contingent factors. It is important to recognise the briefings are a guide and in many circumstances expert advice should be sought from the range of internal and external sources of advice and guidance listed in this document. 2

5 2. Your responsibilities as a Manager You have an important role in ensuring your disabled staff are enabled to perform their role and make a full contribution to the University. You are an important decision maker in either recognising that a staff member may have a disability and require adjustments, or responding to requests from a disabled staff member for a reasonable adjustment to an aspect of their job. You also have the responsibility, where you appoint a new member of staff with a disability, to make sure that any reasonable adjustments are in place before or as soon as possible after they start work. The aim of this document is to provide you with an overview of disability and guidance to assist you in the various stages of discussion with your staff and with any other people who will be able to provide support and solutions. Looking to the future The guidance applies to all staff employed by the University including post-graduate students who are employed to teach. There is Enable Guidance for Staff on the Human Resources website. You have the responsibility to ensure that the member of staff s work environment is free from any kind of harassment or less favourable treatment by colleagues, students or other customers/clients of the University. You also have the responsibility to be well informed and confident in dealing with disability matters. Disabled staff are entitled to the same sort of staff development, support and guidance in their work and involvement in what goes on in your area of the University, as any member of staff. You are responsible for making sure that this happens. Note: if an employee declares a disability to a line manager, even in confidence then in the eyes of the law the University is deemed to know. If the employee wishes to keep conversations confidential, try to respect this. However, there may be circumstances where you will have a legal obligation to advise your Human Resources Officer even though it may be against the wishes of the employee, for example, where Health and Safety of the employee could be compromised. 3

6 3. How to identify support for an existing member of staff It is recommended that a member of staff with a disability staff tells you as their line manager. Where they prefer, they may contact their Human Resources Adviser (HRA) for the first discussion. The flowchart summary on page 9 gives an overview of the recommended procedure that should be followed when an existing member of staff decides to inform someone that they have a disability. Initial discussion with member of staff The first stage is where a member of staff contacts you to tell you that they have a disability and start discussions to explore what sort of support they need. You or the HRMA will arrange a meeting with the member of staff to clarify needs and next steps in the process. You must adopt the case conference approach where more than one person is involved in assessing needs or putting reasonable adjustments into place. Your HRA will arrange, chair and record the meeting. (See page 7 for details of this approach). Suggested points to discuss include Ask whether and how the member of staff is affected by their disability in the workplace. Ensure they are aware of support available to them Check their understanding of safety requirements for evacuation in an emergency and agree to arrange to contact the Safety Office for a Personal Emergency Evacuation Plan (PEEP). Check their understanding that disabled staff are treated fairly when informing about a disability and requesting any assistance. Make certain they have the tools they need to perform their duties, including any assistive technology required Ask if they would benefit from any adjustments to their working arrangements. See Sections 8 and 9 for sources of Internal and External Support Ensure arrangements are in place to monitor any adjustments already made are still suitable. Or if they experience changes to their disability which might require different/additional adjustments. Record any requested/agreed support requirements/adjustments locally or with HR. 4

7 NOTE Assistive technology is the term used to refer to any item of equipment or product or system designed for or used by disabled people. This includes, for example, hearing aids, computer modifications to increase accessibility, magnifiers and talking books. What sort of reasonable adjustments could be considered? Reasonable adjustments can be requested for any aspect of the employment relationship, and specifically may include: Ensuring safe exit in an emergency and conducting risk assessments for safe working Making adjustments to the physical nature of premises such as access, lighting, temperature, colour contrast of décor or floor covering Making modifications to equipment or purchasing specialised equipment Reallocation of minor duties or tasks to another employee Offering flexible working hours, to avoid rush hours, ease of travel Allowing absences during working hours, for rehabilitation, assessment or treatment Assigning or transferring the job to a place of work more suited to their needs. For example, moving a workstation to a more accessible location or assigning the role to a team setting rather than in an isolated setting Making instructions and manuals more accessible; for example, providing a Braille version for a blind person or a Sign Language Interpreter for a deaf person Providing appropriate or additional training Decide what reasonable adjustments are required No reasonable adjustments required If there are no reasonable adjustments needed to the work or working environment then you only needs to contact Human Resources to report that the member of staff has a disability and have their HR record amended. Reasonable adjustments can be readily identified Where the reasonable adjustments can be readily identified, you should make arrangements for these to be put into place. Reasonable adjustments cannot be readily identified Where the reasonable adjustments cannot be easily identified and some more specialist advice and assessment is required, you should contact Human Resources 5

8 and arrange a meeting, together with the member of staff, to discuss the next steps. These could be: Referral to Occupational Health for Assessment and Advice making the referral through your HRA HRA to support member of staff to contact the Disability Employment Adviser from Job Centre Plus for assessment and advice. HRA support member of staff to apply to Access to Work for support, assessment and funding for reasonable adjustments It is important always to consider if an assessment is required, as each disabled person s needs differ. It is also important to be thoughtful and flexible when working with disabled staff, to gain an appreciation of their individual needs. Once the information from the specialists has been provided a Disability Case Conference meeting can be held to discuss findings and agree action, arranged and chaired by the representative of Human Resources. Most adjustments are made on a common sense basis and following discussion between you and the member of staff about what might be helpful and what is possible. Expert opinion such as occupational health, disability employment advisers can be very useful but are not essential to help define capability and reasonable adjustments. Nor are you absolutely bound by external opinions, whether commissioned or gratuitous as from GPs etc. The decision on what is reasonable rests squarely with University management, although it is always preferable that the member of staff agrees. If in doubt, please contact your HRA. The Estate Support Service Improvements Team will give priority to responding to requests related to planning and costing reasonable adjustments for a disabled member of staff where an adjustment is needed to the building or the site. This includes providing plans and costs to support an application to Access to Work for their share of funds for the work. Implement the plan for reasonable adjustments It is normally the local management representative who is responsible for coordinating the implementation of the work and for ensuring that the member of staff is kept informed of progress, including the timing of the adjustments/equipment delivery/training etc. Where modifications to the building/estate are required the contact person in the Estate Support Service responsible for the work will also keep the member of staff informed of progress at regular intervals. The Safety Office should be contacted to arrange for a Personal Emergency Evacuation Plan if the member of staff would not be able to leave the building in an emergency. Funding from Access to Work is available to the University on the basis that no work commences or equipment/resources purchased until they give their approval. Once 6

9 the approval is given to go ahead the work will proceed as a priority. In the case of adjustments to the physical environment ESS will not requiring the 90% funds to be transferred in advance (see section 7 on funding). Once the work is completed and/or purchases made the University can make the claim for reimbursement to Access to Work. Review After implementation, a regular review should take place to ensure that the member of staff is working safely and effectively with the reasonable adjustments that are in place. Review meetings must be held between the member of staff and their local management representative and the Human Resources Manager/Adviser. A Case Conference should be held and a record should be kept of the meeting and any decisions made/action points. The University s case conference approach to discussions and decisions The University has a case conference approach to meeting to discuss and make decisions about a range of issues affecting members of staff, one of which is Disability. This can be used at any stage in the procedure depending on who needs to be involved in the discussions. The essential elements of the previous guidance have been incorporated into this or other sections of the Toolkit. This approach to discussion and action is a means of providing a co-ordinated process for the management of a disabled member of staff s individual needs. This approach is intended to look at the adjustments that may be required to assist members of staff it is not intended to focus on the person s disability. The approach should be with the member of staff s agreement and should involve them throughout. The process is to identify the areas of support for reasonable adjustments that need to be explored, gather information on possible solutions and sources, decide on an action plan, secure funding, implement the reasonable adjustments and then review at regular intervals. It is the Head of Unit/Service s responsibility to manage the welfare of the member of staff. The University employs a number of specialist advisers who can assist to ensure an informed decision making process. This will be achieved by using a case conference approach where the disabled member of staff and appropriate representatives from sources of support can meet to discuss their needs and agree an action plan. The responsibility for organising and chairing a case conference lies with the Human Resources Manager or HR Adviser. What if a member of staff is reluctant to get involved in discussions? A situation may arise where a member of staff shows signs of difficulty in carrying out their work or there are signs of deterioration in their general wellbeing but either does not raise it with you or denies that there is anything wrong when it is raised 7

10 with them. As mentioned earlier, you have the responsibility to ensure that they are able to work both safely and effectively. If they are putting themselves or other people in a position of danger there will be are safety concerns. If their capability has become lower than the expected standard you can intervene and raise matters within the capability procedure. However, every effort must be made to encourage the member of staff to see Occupational Health for an assessment before any action is taken to follow capability procedures with the member of staff. It may not be necessary to decide at this early stage that the member of staff has a disability but to work with them to address the practical effects of whatever the problem is. You can call on the support of your HRM/A, Occupational Health staff or Human Resources Adviser (Policy and Projects) to help you to gain the cooperation of the member of staff and help them to recognise that there are issues to address. 8

11 Steps in Process Member of Staff Informs Line Manager People Involved Sources of support HR Adviser Meet to decide on areas that need to be explored for reasonable adjustments Member of Staff Local Management Representative Access To Work - options for support Jobcentre Plus External Assessment or advice? ISS - Assistive Technology Advice? Access to Work - HR Officer Gather information from relevant sources and discuss = Case Conference Approach Decide on Reasonable Adjustments Secure funding Occupational Health referral? University Safety Office PEEP or DSE Local funding - management representative Estates Support Services request? Local Safety or Estates contacts Implement Adjustments Coordinated by local management representative Review Flowchart of the Process Enabling staff Coordinated by local management representative 9

12 4. How to identify support for a new member of staff Identify needs Where a new member of staff has disclosed that they have a disability the relevant paragraph will be included in their offer of employment letter to ask them to contact Human Resources to discuss any reasonable adjustments they might need to start work. The information on pages 5 9 above will also be useful in these circumstances. Decide what reasonable adjustments will be required When they have obtained the relevant information the Human Resources contact will get in touch with you to discuss needs and the arrangements for implementation. This may involve talking further with new member of staff to clarify needs. Where Access to Work (ATW) advice, assessment or funding is to be applied for the Human Resources contact will advise the new member of staff and support them to contact ATW. This can potentially be done a few weeks in advance of starting but only where this is practicable, such as where the new employee can make contact with ATW for the initial application and any assessment required can be done through a visit on site. A Disability Employment Adviser may also be contacted by the new employee to seek advice and support. If this is not possible until their start date, the application to ATW should be arranged as soon as possible after that date so that all necessary information can be provided by the employer (costs, descriptions, equipment etc.) and any assessments arranged as soon as possible. NOTE: An application to Access to Work by a new employee must be made within the first 6 weeks of employment for the University to be able to claim 100% of the costs. Implement the plan for reasonable adjustments Where ATW funding is involved no work must commence or purchases made until ATW have given their agreement to the funds. When we are given the go ahead, work must be is completed or equipment purchased before the claim for funds to ATW can be submitted. A local management representative will act as coordinator for the implementation plan and keep the member of staff regularly updated about progress. Review The review process will then apply as for an existing member of staff and should involve the Case Conference Approach for future meetings. 10

13 5. University Context External Influences The Equality Act 2010 establishes how employers are required to work with disabled staff. It ensures that disabled staff do not experience discrimination, harassment or less favourable treatment. It provides guidance on how employers need to consider reasonable adjustments for disabled staff to enable them to work to their full potential. Other relevant legislation The other pieces of legislation that relate to disability under employer s responsibilities for the physical and mental well-being of its workforce are The Health & Safety at Work Act 1974; The Human Rights Act 1998; Management of Health and Safety at Work Regulations 1999 The Health and Safety Executive, on their website state that research has found that disabled employees are: As productive as their colleagues Have less time off sick Stay longer in their jobs Have fewer work accidents The University s Single Equality Scheme 2010 University policy is to treat all staff equally irrespective of their disability. In the case of disabled staff this means identifying and implementing any reasonable adjustments that will help the member of staff do their job safely and effectively. As part of the University, we must all play our part in implementing University policy related to the support provided to disabled staff. The University seeks to create an inclusive working environment which: Provides a workplace in which disabled applicants and staff receive fair, relevant and appropriate treatment Provides support, development and training which enables disabled staff to fulfil their potential and effectively perform their role within the University Provides working conditions where staff are treated solely on the basis of their merits 11

14 Ensures that the University is both open to, and representative of the disabled community Plans to make the Campus more accessible are built in to the Estate Support Strategy Step Free route from Haymarket to Queen Victoria Road established 2009 For the purpose of this toolkit, the University s Equal Opportunities Policy in the Single Equality Scheme require that all applicants for jobs and appointed staff will be treated equally irrespective of race, sex, transgender, pregnancy or maternity, marriage or civil partnership, sexual orientation, religion or belief, disability, age, political belief or trade union membership and activities. 12

15 6. What is a disability? The Equality Act 2010 and subsequent Equality and Human Rights Commission Code of Practice describe a disabled person as someone who: has a disability if they have a physical or mental impairment which has a long-term and substantial adverse effect on their ability to carry out normal day-to-day activities. Physical or mental impairment includes sensory impairments such as those affecting sight or hearing. 1 Normal Day to day activities are those carried out by most men or women on a fairly regular and frequent basis. The term is not intended to include activities which are normal only for a particular person or group of people, such as playing a musical instrument, or participating in a sport to a professional standard, or performing a skilled or specialised task at work. However, someone who is affected in such a specialised way but is also affected in normal day-to-day activities would be covered by this part of the definition. Day-to-day activities thus include but are not limited to activities such as walking, driving, using public transport, cooking, eating, lifting and carrying everyday objects, typing, writing (and taking exams), going to the toilet, talking, listening to conversations or music, reading, taking part in normal social interaction or forming social relationships, nourishing and caring for one s self. Normal day-to-day activities also encompass the activities which are relevant to working life. A substantial adverse effect is something which is more than a minor or trivial effect. The requirement that an effect must be substantial reflects the general understanding of disability as a limitation going beyond the normal differences in ability which might exist among people. Long term is a disability which has lasted at least 12 months; or where the total period for which it lasts is likely to be at least 12 months; or which is likely to last for the rest of the life of the person affected. The meaning 1 Equality and Human Rights Commission Statutory Code of Practice on Employment

16 Whilst the Code of Practice gives a clear indication of the legal definition of disability, there is a significant body of case law in this area which suggests a positive approach to considering disability is essential. Where a staff member faces barriers in the workplace and would benefit from adjustments which would improve their efficiency or productivity, managers are guided to consider these in a positive light, without undue concern for the legal definition of disability. A disability can arise from a wide range of impairments which can be: (NOTE this is not an exclusive list) sensory impairments, such as those affecting sight or hearing; impairments with fluctuating or recurring effects such as rheumatoid arthritis, myalgic encephalitis (ME)/chronic fatigue syndrome (CFS), fibromyalgia, depression and epilepsy; progressive, such as motor neurone disease, muscular dystrophy, forms of dementia and lupus (SLE); organ specific, including respiratory conditions, such as asthma, and cardiovascular diseases, including thrombosis, stroke and heart disease; developmental, such as autistic spectrum disorders (ASD), dyslexia and dyspraxia; learning difficulties; mental health conditions and mental illnesses, such as depression, schizophrenia, eating disorders, bipolar affective disorders, obsessive compulsive disorders, as well as personality disorders and some selfharming behaviour; disabilities produced by injury to the body or brain. A person who has cancer, HIV infection or multiple sclerosis (MS) from the date of diagnosis, from 2005 A person who is certified as blind or partially sighted by a consultant ophthalmologist, or is registered as such with a local authority Anyone who has HIV, cancer or multiple sclerosis is automatically treated as disabled under the Act from the date of diagnosis. The assessment of whether someone is legally disabled is done after discounting the beneficial effect of any treatment they are undergoing. 14

17 7. Sources of funding for reasonable adjustments University Budget The budget of the Service/School/Institute or Faculty is the primary source of funding for any reasonable adjustments for the member of staff who works there. Wherever possible, however, other sources of funding from external bodies or funds should be explored to contribute towards the costs. The four principle budget holders will make allowances in their budget considerations for the support required by employees with disabilities at either Faculty (HASS, Sage and Medical Sciences) or Central Services (as a whole) level. This provision is to avoid any delays and difficulties in identifying a source of funds for reasonable adjustments. Access to Work Access to Work is a Job Centre Plus service where an application is made by the employee initially by telephone (see Para 11.2). ATW will pay 100% of funds for new staff if applied for in the first 6 weeks of starting. They will pay for a proportion of the costs for existing staff which means that the relevant budget holder (see above) will contribute the first 1000 and 20% of the balance. Timing of implementing adjustments Where an adjustment is needed to the building or the site, the Estates Improvements Team will give priority to responding to requests for work related to providing reasonable adjustments for a disabled member of staff so that plans and costs can be prepared as quickly as possible. This is particularly important when the member of staff makes an application to Access to Work for part of the funds for the work. Once the Access to Work approval is given the ESS Improvements Team will go ahead with the work without requiring an internal transfer of 90% of the funds in advance. This is on the basis that the University must spend the money authorised by ATW and then claim back the funds when the work is completed. Where the work is for an existing member of staff there will be a proportion of the total cost that must be funded from the Service/School/Institute and the Improvements team will also need the local manager s approval to proceed to confirm that this proportion of the costs will be covered. 15

18 8. Assistance available within the University The University offers a range of support services for disabled staff and their managers, listed below. These services can assist in making an assessment of the circumstances and requirements of individual staff members The Flowchart Management of Employee Disabilities Summary on page 10 shows relationships between the range of internal and external support services available for disabled staff and their managers. For Contact Information see Section 11 on page 20. Human Resources Advisers The main source of support for staff and managers is the Human Resources Adviser in the Human Resources Teams attached to each Faculty and the Professional Support Services. Additional HR advice for staff about disability One of the HR Advisers (Policy & Projects) has the remit for disability and will provide advice and support to individuals, managers and the University as a whole as required, including; monitor and review the University s support for disabled staff ensure that the University complies with the relevant equality legislation provide guidance for managers and staff provide training and advice on enabling disabled staff for managers and HR Teams Occupational Health The Occupational Health team, with your informed consent, will provide comprehensive advice to your Human Resources Manager and your manager on the reasonable adjustments medically recommended to you. This is based on a clinical assessment in response to a referral from the Human Resources Manager. Where indicated, they will also coordinate the completion of a detailed musculo-skeletal assessment and report advising on the equipment/work place modifications required. University Safety Office The Safety Office staff offer comprehensive advice on how to get out of your building and fire safety issues in all University buildings and is actively involved in the Personal Emergency Evacuation Plan (PEEP) process for disabled staff who cannot get out by themselves. The Safety Office provides evacuation chair training for anyone wishing to volunteer to assist a disabled person from a building in the event of an emergency or fire. 16

19 Where Safety issues are involved the School/Institute/Service Safety Officer should also be involved. They should be familiar with the existing fire evacuation arrangements for buildings and have the responsibility for the review of PEEPs. Estate Support Services ESS staff provide an ongoing programme of work across the University to improve accessibility, and can also advise and prepare estimates on adapting the physical environment to meet individual disabled people s access requirements. They can provide specialist advise on the application of the Equality Act 2010 as it applies to buildings and facilities for disabled staff and students. The Improvements Team Manager will allocate work, as a priority, to a team member who is experienced in disability-related alterations. The named contact will liaise with the manager and disabled member of staff and attend any case conference meeting where they are needed. There will be an Estates contact responsible for informing School/Institute/Service Safety Officers of any work likely to affect a disabled person s ability to manage their safe access and egress of a building whilst the work is ongoing. There are specific arrangements on how the campus may be accessed by staff and students with disabilities and temporary mobility impairments who need an accessible parking space. Specialist Advice in Assistive Technology ISS provides excellent advice and support on all sorts of IT related equipment and software. Accessibility and disability advice and support is provided the Learning Technologies Team. You can use the easyaccess@ncl.ac.uk address or make contact through the ISS service desk it.servicedesk@ncl.ac.uk Hardware Loans Scheme Hardware Loans is located in the Robinson Library. The Scheme provides an extensive range of accessible hardware that can be borrowed by any member of staff on campus for a varying length of time, for example where a disabled staff member is awaiting equipment through the Access to Work Scheme, or due to a short-term impairment. Some equipment can be issued directly, such as ergonomic mice or wrist supports, but there are other items of equipment that can only be issued by referral from Occupational Health. For further information please see the Hardware Loans web site. 17

20 Students Union and Library Staff for these areas will be happy to assist any disabled member of staff wishing to use the Union Society or the Library. Accommodation A nominated person from Accommodation and Hospitality Services is available to assist in arrangements if a disabled member of staff intends to reside in the halls of residence or University flats. Volunteers Volunteers will be available in some circumstances, for example to assist a disabled member of staff evacuate in an emergency, whether guiding a blind or partiallysighted person or assisting someone with mobility difficulties. Where necessary, volunteers will be trained and involved in refresher training. 9. Assistance outside the University What is Access to Work? Access to Work (ATW) is a government organisation attached to Jobcentre Plus. They can help a member of staff if their health or disability affects the way they do their job. It gives you and them advice and support with extra costs which may arise because of their needs. ATW might pay towards a support worker or the equipment the member of staff needs at work. It can also pay towards the cost of getting to work if they cannot use public transport. Staff may also get help from ATW if they have a mental health condition and need support in work. If they are eligible, they will be offered an assessment to find out their needs at work and help to develop a support plan. Once the ATW adviser has decided on the package of support they feel is appropriate, they will seek formal approval of their recommendations from Jobcentre Plus. You and the member of staff will then receive a letter informing you of the approved level of support and the financial grant available. It is your responsibility of to arrange the agreed support and buy the necessary equipment. We can then claim repayment of the approved costs from ATW. The key stages are: 1. Telephone the Contact Office for Access to Work. For the North East of England this is in Glasgow (see contact information) to complete an application over the phone. If staff prefer they can be sent a paper or electronic form. 2. An Access to Work adviser will contact the member of staff to discuss the support they need. They may be able to agree a package of support there and then, especially if they already have a clear idea of what is needed. Otherwise, they 18

21 might offer the chance to meet with someone with specialist knowledge who can help work out what is needed. 3. The member of staff will have to provide ATW with quotes for the equipment or services that have been agreed. You, as their manager or other specialists in the University may be able to help with sources or costs. 4. The ATW adviser will probably contact you manager to discuss the financial contribution the University can make and ensure that the support the member of staff needs can be provided. Please note that the ATW adviser will not normally talk to you without your member of staff s permission. 5. The ATW adviser will send details of the support agreed. The School or Service is usually responsible for any practical arrangements and implementing support. The Estate Support Service will organise any alternations to building work as a priority when they know it is for someone with a disability. Once the adjustments have been made and paid for, a claim can be made to ATW For more information about Access to Work please contact your HR Adviser or the ATW website (see Contact Information page 13). 10. Information on University websites The Human Resources Support and Wellbeing section of the website contains copies of this Guidance for Managers, Guidance for Staff and links to the Hardware Loans Scheme and Disability Briefing Notes. Any new or amended disability policy is published on the HR website after consultation and approval, and contains a number of policy documents which may be of interest. The Occupational Health website has a section on mental wellbeing which can give you additional information about mental health matters Accessibility We constantly monitor and review our practices in producing online and printed information to ensure that it is accessible, or can be made accessible quickly and effectively. The University is striving to comply with all of the Priority 1 and 2 accessibility checkpoints across its web presence, as established in the World Wide Web Consortium s (W3C) web accessibility initiative (WAI). We are actively engaging with content providers across the University to ensure that all future web pages are compliant with W3C guidelines for accessibility. 19

22 11 Contact Information HR Teams Medical Sciences: William Leech Building, Medical School, Newcastle University Humanities and Social Sciences Professional Support Services Science, Agriculture and Engineering Policy and Projects Team Occupational Health Team Fax: Mobile: : HaSS Faculty Office, Daysh Building, Newcastle University Level 4, King s Gate, Newcastle University SAgE Faculty Office, Devonshire Building, Newcastle University, Human Resources, Level 4, King s Gate, Newcastle University King George VI Building Basemen, Queen Victoria Road, Newcastle upon Tyne occhealth@ncl.ac.uk Safety Office Level 4, King s Gate, Newcastle University safety-office@ncl.ac.uk 20

23 Estate Support Service st Floor Agriculture Building, Newcastle University estates-customer-services@ncl.ac.uk ISS Accessibility and Disability Support or ISS Helpline easyaccess@ncl.ac.uk or it.servicedesk@ncl.ac.uk Claremont Tower, Newcastle University Hardware Loans Scheme easyaccess@ncl.ac.uk Robinson Library Access to Work Glasgow Office Telephone: ; Textphone: ; Fax: atwosu.glasgow@jobcentreplus.gsi.gov.uk Jobcentre Plus Access to Work Operational Support Unit, Anniesland JCP, Baird Street Glasgow G90 8AN If you would prefer to have this document or any other referred to in an alternative format, please contact the HR Policy and Projects Team. For other documents, please contact the information provider and they will arrange for you to receive a copy in a suitably accessible format. 21

24 13. Disability Briefing Notes About the Disability Briefing Notes Disability Briefing Notes can be found in a separate document distributed alongside the Toolkit or can be accessed on the Diversity web site. The briefings include: A short definition of each disability. Where information is available, the main effects of the disability. Lists of adjustments often associated with the particular disability. Sources of additional information and external support. The disabilities included are: Autism and Asperger Syndrome Dyslexia Mental Health Mobility Difficulties Blindness and Partial Sight Deafness and Hard of Hearing Epilepsy Upper Limb Disorders Diabetes Back Problems The briefings are not exhaustive, as the adjustments which a disabled staff member requires may be affected by many contingent factors. It is important to recognise the briefings are a guide, and in many circumstances expert advice should be sought from the range of internal and external sources of advice and guidance listed in this document. If you notice a staff member has started to experience difficulties in performing their duties, or is experiencing difficulty in their work, take into consideration that they may have a disability they have not declared. You may find these briefings of value if you are involved in recruitment and selection interviewing, or in arranging inductions for new staff. The briefings can help you explore options with a disabled staff member. Disability Briefing Notes as a separate document See HR web site: 22

25 14. Frequently asked questions What can I do if one of my staff insists that they do not have a disability when it is evident to me that they do? Your member of staff s safety and performance at work is your responsibility and as such you can raise the matter with them. Your first approach should be to try to discuss the options available with the member of staff and make the offer of support in any case. It is important that they understand that they also have a responsibility for their own safety and performance at work. If the individual chooses not to take up the offer of support, that is up to them. They may be in a denial stage of dealing with they disability and may just need more time to adjust and accept the situation. If they refuse support but their disability is having an adverse impact on their performance, then the manager should actively pursue the support route, but may eventually have to follow the capability procedure. If managers need training who should they contact? The Equality & Diversity Team have a regular series of workshops on Managing Disability Awareness into Action. These are run as open workshops for anyone to attend when there is a demand or could be arranged specifically for groups of managers from a particular service or school. What happens if a member of staff is no longer able to do the job they were recruited for because of their disability? If a member of staff is no longer able to do their job even with all possible reasonable adjustments in place then alternative work may be considered under the redeployment arrangements. If no suitable alternative arrangements can be found then other options may be considered. In a situation where the performance of a member of staff with a disability does not meet acceptable standards appropriate steps must be taken to explore whether the aspect of performance could be resolved through a reasonable adjustment to their work or work environment. If all relevant reasonable adjustments have been put into place, and performance still does not meet acceptable standards, then the Capability Procedure should be used. Human Resources and Occupational Health staff can explore alternatives with you, and may call on external advisers if necessary. Some applicants for jobs have asked for a guaranteed interview what does that mean? There is a recognition system (called the two ticks symbol) given by Job Centre Plus to employers based in Great Britain who have agreed to take action to meet five 23

26 commitments regarding the employment, retention, training and career development of disabled employees. One of these commitments is to interview all disabled applicants who meet the minimum criteria for a job vacancy and consider them on their abilities. The University is not signed up to the two ticks scheme but gives a commitment to fair selection for interview and appointment for all applicants. 24

27 15. Disability Case Studies These are some examples of success stories which may give some insight into different approaches to support for a disabled employee. Regular work pattern for a worker with epilepsy George worked on a day and night shift work pattern and developed epilepsy. His employer was concerned that this might increase his risk of personal injury particularly during the night shift. The employer talked to the employee and with his consent, sought information from his GP. They found that the worker was more likely to have seizures if his sleep pattern was disrupted, so a move to day shifts have him a regular work pattern and he was better able to manage his condition. Supporting a colleague with a mental health disability Fiona, an IT employee wanted to return to work after being off sick with mental health problems. Her employer helped her to manage and avoid work-related stress by: Helping her to speak openly, so they could work together on making adjustments and checking her well-being regularly. Allowing her to work a three day week for a set period, after which she returned to work full-time. Arranging for her colleagues and supervisor to attend mental health awareness training so that her team understood how to help. Support for someone with visual impairment Joe had problems using public transport to get to and from work, difficulties walking along a shared pavement/cycleway to get to and from work and reading things at an acceptable speed. At first Access to Work paid for Taxis. Then Joe got paid time off for long cane mobility training and then paid time off to attend training with a guide dog. There is space at work for the guide dog in his office and at any meeting he has to attend in other locations on site. Access to work also funded a large computer screen and fully movable stand, a desk light and specialist screen reading software for the PC. He also has a wheel mouse and extra work space to accommodate the equipment and a pocket dictation machine. These adjustments solved his problems. Support for someone with early morning mobility problems Angus has a great employer. He is on a sort of flexi-time as he has mobility problems first thing in the morning and he also has to consider the medication he has taken the 25

28 night before. When he came back to work after time off, everyone working with him was briefed (with his permission) on his various problems and how it may affect them and what to do. He now has epilepsy following his accident. They also purchased new fully adjustable furniture for him and changed his actual location to a more conducive and comfortable area. Support for someone with congenital deformity of the hips and knee. Caroline had undergone major surgery and had a total hip replacement. Her employer kept in contact with her while she was recovering. Then, when she was able to do some work, they arranged for her to work from home. 'Access To Work' (ATW) were also consulted and asked to pay for the computer work needed to link her up to her desktop at work and the server. This allowed her to have virtual access to her work and all files and documents on the server. As she progressed and became more mobile, ATW paid for taxis to enable her to go into the office. Her employer consulted with her and they agreed a gradual return to work where she went into the office one day, then two, then three, and the other days worked from home until she was fully recovered. Hip replacements can have a long recovery period especially if you already have previous operations and a disability in the other hip. By working with her employer and ATW, Caroline managed to recover well. She is still in the process of working up to full time hours and still does some work from home. The adjustments are reviewed regularly, which is enabling her to return to full time work taking into account her disability and circumstances. Support for someone with depression and a back injury Nick has experienced stress and depression problems for most of his life. He also has a chronic back problem. Nick worked for a large organisation that was aware of his impairments. He achieved a high level of success in his appraisals, but was then moved to another office where the new post involved a bit more lifting. His manager saw that he was becoming stressed, so Nick was moved to yet another section as clerical support. He agreed to do some extra duties for the manger of the section and a colleague supported Nick in anything that involved lifting. Everything was working well. After a change in management, Nick s new manager at first did not make the right adjustments to accommodate his back problem. Nick challenged the amount of work that he could do without causing undue risk to his back and was worried about getting more stressed again. However, the history of support and reasonable adjustments for Nick had been recorded. This meant that, once prompted, his new manager could make sure that the same sort of support could continue. 26