Note: This Code of Practice is to be accompanied by the UCC Handbook on the Employment of People with Disabilities

Transcription

1 Cde f Practice n the Emplyment f Peple with Disabilities Nte: This Cde f Practice is t be accmpanied by the UCC Handbk n the Emplyment f Peple with Disabilities Plicy (This plicy is a cndensed statement f cmmitments set ut thrughut the UCC Cde f Practice n the Emplyment f Peple with Disabilities.) UCC is cmmitted t ensuring that peple wh are capable f effective perfrmance in the psts which they hld r t which they aspire are nt disadvantaged r discriminated against by reasn f having a disability. Cnsideratin f any questin cncerning the emplyment f peple with disabilities shall prceed frm a psitin f presumed ability until therwise demnstrated. UCC, as an emplyer, is cmmitted t fully cmplying, nt nly with the letter f the Emplyment Equality Act 1998, but with the spirit f its intent. Peple with disabilities are entitled t apply fr any pst in University Cllege Crk fr which they are qualified, and t have their applicatins cnsidered n the basis f their abilities, experience, qualificatins and the requirements f the wrk in questin. Emplyees with disabilities will be cnsulted where pssible n all aspects f their integratin int the UCC wrkplace. The University is cmmitted t the psitive presentatin f infrmatin abut and fr peple with disabilities in all aspects f its business. UCC aims t make its general access dcuments accessible t emplyees with disabilities. Infrmatin relating t a disability, given in cnfidence, will nt be disclsed t anyne, nt even the emplyee's supervisr/manager/head, withut written permissin, unless health and safety r legal cncerns make it necessary t d s. (Cnditins attach t medical reprts.) UCC aims t prvide t emplyees with disabilities the same pprtunities t develp full and rewarding careers with the University as are available t ther emplyees. Every reasnable effrt will be made t retain an existing emplyee wh develps a disability. UCC will endeavur t ensure that, insfar as is practicable, the wrking envirnment is such as t minimise prblems which emplyees with disabilities may face. UCC will endeavur t meet an emplyee's needs fr a wrkplace accmmdatin* whenever reasnably pssible, bth where the accmmdatin enables the emplyee t fulfil an essential task and where it enhances the cmfrt, efficiency and jb satisfactin f the emplyee. Victimisatin f an emplyee with a disability due t their request fr an accmmdatin will nt be tlerated by the University. All apprpriate safeguards will be taken t prtect the safety, health and welfare f members f staff with disabilities.

2 Harassment r bullying f an emplyee n the grunds that they have a disability is unlawful and will nt be tlerated by the University. UCC shall prvide equal access t training and develpment pprtunities fr emplyees with disabilities, s that they can further their skills and cntribute t the University t the fullest f their ptential. UCC will designate a sufficient number f disability-accessible parking spaces at cnvenient lcatins n campus t meet the needs f its staff. Service animals will be permitted t accmpany a persn with a disability anywhere n the University campus where safety cnditins permit. All emplyees f UCC have a rle and respnsibility in ensuring that the prvisins f this plicy are adhered t. Specific respnsibility in this regard attaches t senir managers, heads f departments, centres and units, and t the Department f Human Resurces. The University aims t prvide apprpriate training and infrmatin in supprt f this plicy as resurces permit. The implementatin and effectiveness f this plicy will be mnitred n an nging basis by the Cmmittee n Equality f Opprtunity. Cmplaints in respect f this plicy shuld, in the first instance, be directed t the department r ffice directly respnsible fr the alleged breach. Failing satisfactry utcme, emplyees may wish t invke the University's Grievance Prcedure. *Definitin f Accmmdatin = The use f special equipment, mdified duties, assistance frm ther persns (such as a reader r sign language interpreter), adjusted wrk schedules, r any ther adaptive measures which wuld enable a persn with a disability t perfrm the duties f a psitin, participate in jb applicatin and prmtin prcesses, r enjy equal benefits and privileges f emplyment as ther similarly situated emplyees withut disabilities. Nte: The University is nt bund t prviding accmmdatins which are nt reasnable in financial, practical, r ther terms. Cde f Practice 1. Intrductin This Cde f Practice n the Emplyment f Peple with Disabilities at University Cllege Crk is presented as a further develpment f the University's plicy n equality f pprtunity. The purpse f the Cde f Practice is t prvide a clear statement f plicy in relatin t peple with disabilities. UCC wishes t derive maximum benefit frm the cntributin f ptentially valuable emplyees by ensuring that the abilities f wrkers with disabilities are never verlked. The University takes seriusly its bligatin t ensure that peple with disabilities are treated fairly and are affrded equal pprtunity. The Irish Gvernment has made a cmmitment t the emplyment f peple with disabilities in the public service, setting a target minimum f 3% f ttal staff. University Cllege Crk is cmmitted t playing its part in meeting and maintaining this bjective. This Cde f Practice has been develped by the Department f Human Resurces as an integral part f human resurces plicy develpment, and in respnse t instructin frm the Higher Educatin Authrity. It is intended that the Cde f Practice be subject t wide cnsultatin, bth within and utside the University. Drafts have been reviewed by key bdies and ffices within the University, the Higher

3 Educatin Equality Unit and the staff f the University. The current draft is intended fr cnsultatin with the University's legal advisrs, and unins representing UCC staff interests. It is intended that this Cde f Practice is be accmpanied at a later date by a UCC Handbk n the Emplyment f Peple with Disabilities. This Cde f Practice applies t all staff emplyed by University Cllege Crk. Whilst it relates nly t staff, this is nt t say that UCC is nt cncerned with practice in relatin t students and custmers with disabilities. Practice in these areas is gverned by the respnsible bdies and prcedures ther than thse cntained in this Cde f Practice. 2. Emplyment Equality Act 1998 The Emplyment Equality Act 1998 enshrines in law the right f peple with disabilities t equal treatment in emplyment. UCC, as an emplyer, is cmmitted t fully cmplying, nt nly with the letter f the legislatin, but the spirit f its intent. The Act defines disability as fllws: 'Disability' is - The ttal r partial absence f a persn's bdily r mental functins, including the absence f a part f a persn's bdy, The presence in the bdy f rganisms causing, r likely t cause, chrnic disease r illness, The malfunctin, malfrmatin r disfigurement f a part f a persn's bdy, A cnditin r malfunctin which results in a persn learning differently frm a persn withut the cnditin r malfunctin, r A cnditin, illness r disease which affects a persn's thught prcesses, perceptin f reality, emtins r judgement r which results in disturbed behaviur, and shall be taken t include a disability which exists at present, r which previusly existed but n lnger exists, r which may exist in the future r which is imputed t a persn. Sectin 16 (3) f the Act prvides that: Fr the purpses f this Act, a persn wh has a disability shall nt be regarded as ther than fully cmpetent t undertake, and fully capable f undertaking, any duties if, with the assistance f special treatment r facilities, such persn wuld be fully cmpetent t undertake, and be fully capable f undertaking, thse duties. An emplyer shall d all that is reasnable t accmmdate the needs f a persn wh has a disability by prviding special treatment r facilities t which paragraph (a) relates. A refusal r failure t prvide fr special treatment r facilities t which paragraph (a) relates shall nt be deemed reasnable unless such prvisin wuld give rise t a cst, ther than a nminal cst, t the emplyer. This definitin is wide-ranging, and illustrates the misleading nature f generalised statements r assumptins abut the capabilities r limitatins f peple with disabilities in emplyment. UCC acknwledges the equal rights f peple with hidden disabilities, and als that the same disability can vary in its impact and affect peple differently.

4 This UCC plicy seeks t treat every ne f the University's emplyees, regardless f disability, as an individual with equal rights. Cnsideratin f any questin cncerning the emplyment f peple with disabilities will prceed frm a psitin f presumed ability. It is UCC plicy, where pssible, t avail f the range f financial and advisry supprts available frm state agencies and ther rganisatins which serve the interests f peple with disabilities. 3. Recruitment & Selectin Peple with disabilities are entitled t apply fr any pst in University Cllege Crk, and t have their applicatins cnsidered n the basis f their abilities, experience, qualificatins and the requirements f the wrk in questin. N unnecessary bstacle will be placed in the way f peple with disabilities applying fr psts at UCC. Whilst UCC is cmmitted t a plicy f hiring the best applicant fr the jb, regardless f persnal characteristics, the University reserves the right t utilise psitive actin initiatives cmpliant with the Emplyment Equality Act 1998, Part IV, Sectin 33, t recruit peple with disabilities. The advertising f psts, applicatin frms, and infrmatin prvided t applicants will be mnitred t prevent discriminatry cntent. The specificatin f requirements which may nt be essential and culd have the effect f excluding peple with disabilities will be avided. Applicatin materials will be prvided in alternative frmats by request. Ntificatin f interview r aptitude tests will include an instructin t applicants n ntifying UCC f any particular needs fr which prir prvisin culd be made. Accessible interview and test venues, and ther accmmdatins will be made upn request, prvided adequate ntice is given by the applicant. The University will, where pssible and apprpriate, utilise such facilities, supprts, schemes/grants as are made available by state and ther agencies t assist applicants with disabilities in the recruitment prcess. Members f UCC interview bards will be familiarised with equal pprtunities issues, f which disability awareness and this Cde f Practice will be an integral part. All candidates will be interviewed in a manner which cncerns nly their ability t d the jb. A medical examinatin r assessment will nly be required f candidates where it is a standard cnditin f emplyment, regardless f disability. 4. Wrkplace Integratin UCC recgnises that sme peple with disabilities may encunter greater difficulties than ther members f staff in adjusting t a new wrkplace. Particular attentin will therefre be given t the placing f emplyees with disabilities and in mnitring and assisting their perfrmance in the initial stages f emplyment. Gd cmmunicatin is the recgnised key t vercming difficulties which arise, and UCC acknwledges that the best surce f infrmatin abut what is necessary fr successful integratin is the persn with a disability. Accrdingly, emplyees with disabilities will, where pssible, be cnsulted n all aspects f their integratin int the UCC wrkplace.

5 Wrkplace integratin measures will at all times be cnducted with due respect t the emplyee's right t medical cnfidentiality. 5. Language & Cmmunicatin UCC recgnises that language is a pwerful and imprtant tl in shaping ideas, perceptins, and ultimately, public attitudes t peple with disabilities. The University is cmmitted t the psitive presentatin f infrmatin abut and fr peple with disabilities in all aspects f its business. Respectful use f precise, descriptive terms will be expected f staff when writing abut peple with disabilities and issues that affect their lives. The University is cmmitted t making its web site accessible t the widest pssible audience, including staff with visual disabilities, and will encurage sites hsted n the UCC server t be likewise cgnisant f access issues and features. General cmmunicatins t emplyees will be cnducted via all means necessary (e.g. telephne, , messenger, etc.) t reach all emplyees in a frmat which is accessible t them. 6. Cnfidentiality & Privacy It is necessary fr the University t cllect infrmatin fr the purpses f mnitring equality and diversity, fr instance in relatin t meeting the public service target f 3% f the wrkfrce being emplyees with disabilities and in relatin t taking psitive actin measures in recruitment. UCC may, at sme future time, cnduct infrmatin gathering at the applicatin r recruitment stage. Applicants wuld be requested t give infrmatin vluntarily regarding their status under the nine grunds cvered by the Emplyment Equality Act 1998, including disability. Infrmatin prvided by this means will nt appear in an emplyee's Persnnel file r be utilised in any way ther than fr statistical purpses. Emplyees may pt t declare their disability t the Human Resurces Department in rder t avail f accmmdatins in equipment, wrkplace, wrking times, security and safety arrangements, cmmunicatin methds, etc. frm the central administratin f the University. Infrmatin relating t a disability, given in cnfidence, will nt be disclsed t anyne, nt even the emplyee's supervisr/manager/head, withut written permissin, unless health and safety r legal cncerns make it necessary t d s. Infrmatin btained abut emplyees, whether r nt disabled, thrugh medical reprts r assessments will be maintained cnfidentially. The University reserves the right t disclse necessary elements f this infrmatin when legally entitled r bliged t d s, and t the fllwing extent: T supervisrs/managers/heads, regarding necessary restrictins in the emplyee's duties and reasnable accmmdatins, T First Aid and safety persnnel if the disability may require emergency treatment, T Gvernment fficials investigating cmpliance with the Emplyment Equality Act 1998, upn request.

6 7. Career Develpment UCC aims t prvide t emplyees with disabilities the same pprtunities t develp full and rewarding careers with the University as are available t ther emplyees. The University is cmmitted t prviding equal access t training and develpment pprtunities fr emplyees with disabilities s that they can further their skills and abilities, and fully cntribute t the rganisatin. In assigning duties t emplyees with disabilities, care will be taken t ensure, t the greatest extent pssible, that they are given the same pprtunities as ther staff t acquire the range f skills and experience necessary fr future career develpment. Emplyees with disabilities will nt be excluded frm prmtin n the sle basis that their disability may prevent them frm carrying ut the full range f duties in the higher grade. 8. Emplyee Retentin Every reasnable effrt will be made t retain an existing emplyee wh develps a disability. Measures which may be taken t retain an emplyee wh has acquired a disability include: accmmdatins in equipment, wrking arrangements, etc.; jb restructuring; rehabilitatin; retraining; relcatin f wrkspace; redeplyment t ther tasks r units cmmensurate with their capabilities (including being cnsidered fr vacancies within the University fr which they are qualified); flexible wrk arrangements. A medical examinatin/assessment may be required by the University befre return t wrk is agreed. These will be treated with the same cnfidentiality as preemplyment medical examinatins. There are certain cnditins under which the University may legitimately nt allw an emplyee t return t wrk at UCC. These include: The individual is nt fully r sufficiently recvered frm physical r mental injury, The individual cannt perfrm the essential functins f the pst they hld r ther available psts even with a reasnable accmmdatin, r The individual wuld pse a significant risk f substantial harm t themselves r thers that culd nt be reduced t an acceptable level with reasnable accmmdatin. 9. Buildings, Accmmdatins* and Equipment (*Definitin f Accmmdatin = The use f special equipment, mdified duties, assistance frm ther persns (such as a reader r sign language interpreter), adjusted wrk schedules, r any ther adaptive measures which wuld enable a persn with a disability t perfrm the duties f a psitin, participate in jb applicatin and prmtin prcesses, r enjy equal benefits and privileges f emplyment as ther similarly situated emplyees withut disabilities. Nte: The University is nt bund t prviding accmmdatins which are nt reasnable in financial, practical, r ther terms.)

7 UCC will endeavur t ensure that, insfar as is practicable, the wrking envirnment is such as t minimise prblems which emplyees with disabilities may face. Whilst mst emplyees with disabilities can perate effectively withut requiring mdificatins t their wrking envirnment, mdified facilities may be required by sme. UCC will endeavur t meet these needs whenever reasnably pssible, bth where the accmmdatin enables the emplyee t fulfil an essential task and where it enhances the cmfrt, efficiency and jb satisfactin f the emplyee. By recgnising that the abilities f a persn with a disability include the abilities facilitated by assistive devices and accmmdatins, the University aims t ensure cmpliance with the terms f the Emplyment Equality Act 1998 with regard t 'reasnable accmmdatin', and ensure equal participatin in the UCC wrkfrce fr emplyees with disabilities. UCC aspires t being sensitive t barriers which particular physical envirnments may place in the way f peple with certain disabilities, and aims t prgressively remve such barriers. The University will cnsider what alteratins might reasnably be carried ut t existing premises in rder t imprve accessibility. Prgress in this, hwever, may be cnstrained by the wide variatins in the premises ccupied by the University, by preservatin restrictins, and by financial cnsideratins. UCC will take the requirements f peple with disabilities int accunt in the assessment f premises fr purchase and rental purpses, and will undertake disability access reviews f all new building and envirnment designs as an integral part f the planning prcess. In additin t mbility and sensry access, attentin will be paid t barriers arising in terms f attitude, services and cmmunicatins. Accmmdatin will be by request f the emplyee cncerned, at any stage during their emplyment at the University, and they will be fully included in discussins n apprpriate accmmdatin. Hwever, the final decisins n whether there is a need fr accmmdatin and what apprpriate accmmdatin will be prvided, rest with the University. UCC may avail f internal r external expertise in the cnsideratin f accmmdatin requests, and may utilise available grants r subsidies. The University reserves the right t request medical crrbratin f the need fr accmmdatin as it sees necessary. Victimisatin f an emplyee with a disability due t their request fr an accmmdatin will nt be tlerated by the University. 10. Safety, Health & Welfare at Wrk UCC will encurage departments t make specific prvisin fr emplyees with disabilities in their departmental safety statements. All apprpriate safeguards will be taken t prtect the safety, health and welfare f members f staff with disabilities. Wrkplace envirnment risks will be assessed fr all members f staff, particularly staff with disabilities and including thse wh have acquired a disability. Harassment r bullying f an emplyee n the grunds that they have a disability is unlawful and will nt be tlerated by the University. The UCC Duty f Respect and Right t Dignity Plicy applies.

8 In the develpment f evacuatin plans fr individual campus buildings, the needs f peple with disabilities will be incrprated, and emplyees with disabilities may be cnsulted if apprpriate. External and internal expertise may als be utilised. Cnsideratin will be given t installing multi-mdal alarm systems, prviding reference t designated assisted rescue areas, and measures that will assist peple with visual impairment in an evacuatin situatin. In sme situatins a general evacuatin plan fr the building, whilst accunting fr sme f the mre cmmn difficulties encuntered by peple with disabilities, may nt meet the needs f an individual. Assistance in drawing up a persnal evacuatin plan will be prvided t any emplyee with a disability requesting assistance. It is UCC plicy that emplyees with disabilities nt be exempt r excluded frm evacuatin drills. Rather, it is a pririty cncern that any particular arrangements which may be required fr the evacuatin f emplyees with disabilities be fully tested and utilised at each drill. 11. Events & Training Staff with disabilities shuld have the same pprtunities as staff withut disabilities t develp full and rewarding careers at UCC. UCC will prvide equal access t training and develpment pprtunities fr emplyees with disabilities s that they can further their skills, and cntribute t the University t the fullest f their ptential. All events run fr the benefit f the staff in UCC in general will be accessible t all staff wh wish t attend wherever reasnably pssible. All registratin and advertising materials shuld state that the event is accessible t peple with disabilities. It is suggested that these materials carry an invitatin t participants t request accmmdatins r identify their needs well in advance f the event, t enable their needs t be met. 12. Designated Parking Spaces UCC aims t designate a sufficient number f disability-accessible parking spaces at cnvenient lcatins n campus t meet the needs f its staff. Hlders f disabled parking permits are autmatically entitled t use the designated spaces. Individuals wh d nt pssess disability parking permits, but wh wish t utilise the designated spaces fr reasns f disability, either shrt r lng-term, may request a permit t use designated parking. A dctr's letter may be requested in supprt f a permit request. UCC reserves the right t clamp r tw any cars utilising designated parking withut displaying either a disabled parking permit r a UCC designated parking permit. 13. Service Animals Service animals will be permitted t accmpany a persn with a disability anywhere n the University campus where it is safe fr them t d s, and where the animal and handler meet the fllwing requirements: Animals must be licensed in accrdance with legal requirements and must receive apprpriate rutine vaccinatins. Animals must be in gd health.

9 Animals must be n a leash r apprpriate restraint at all times. The handler must be in full cntrl f the animal at all times. The animal must be in use as a service animal t assist a persn with a disability when in areas f the campus where animals are nt therwise allwed. 14. Implementatin & Mnitring All emplyees f University Cllege Crk have a rle and respnsibility in ensuring that the prvisins f this cde are adhered t. Specific respnsibility in this regard attaches t senir managers, heads f departments, centres and units, and t the Department f Human Resurces. The implementatin and effectiveness f this Cde will be mnitred n an nging basis by the Cmmittee n Equality f Opprtunity. 15. Cmplaint Prcedure University Cllege Crk is cmmitted t fairness and transparency in its adherence t this Cde f Practice. Hwever, shuld a cmplaint arise, the cmplainant shuld fllw the apprpriate prcedure t have their cncern addressed by the University. Applicants fr psitins r prmtins within UCC wh feel that the Cde has been vilated shuld, in the first instance, address their cmplaint t the Department f Human Resurces. Failing satisfactry utcme, internal applicants may wish t invke the University's Grievance Prcedure. External candidates shuld cntact the Directr f Human Resurces. Emplyees with r withut disabilities wh feel aspects f the Cde ther than thse in relatin t recruitment and selectin have been vilated shuld, in the first instance, address their cmplaint t the department r ffice directly respnsible fr the alleged breach f the Cde. Failing satisfactry utcme, emplyees may wish t invke the University's Grievance Prcedure. Shrtcmings, imprvements r versights in the Cde f Practice shuld be addressed t the Cmmittee n Equality f Opprtunity, which has respnsibility fr mnitring the implementatin and effectiveness f the Cde f Practice.