The Scottish Government

This document is also available in PDF format

Dates

Issued: 23 January 2004 Topic:Terms and Conditions

Implementation: 1 October 2004

Impact: Immediate

Contact(s) for more information: George Vine (Tel: 0131 244 2155)
Martin McDermott (Tel: 0131 244 2160) (at the above address)

Dear Colleague

Purpose of the circular: To draw attention to the information that is being issued by the Home Office on the application of the Disability Discrimination Act 1995 and to ask that arrangements are made for officers to have access to the information set out in the attached Annex. The document is also available on the Home Office web site at www.homeoffice.gov.uk/crimpol/police/equality/index.html.

Summary of contents:

From October 2004 the employment provisions of the Disability Discrimination Act 1995 will apply to police officers throughout the UK. The Annex provides a brief introduction to the changes in the law, and outlines how this will affect the police service, from chief officers to individual constables, and offers some guidance and advice along with sources of other information.

Further guidance should be available shortly, and will be followed by more comprehensive guidance which will address those areas of the police service that will be affected most: recruitment and assessment, training and promotion and occupational health.

Copies of this circular have also been sent to the Convention of Scottish Local Authorities and the police associations.

George Vine
Police Division 1

Annex A

THE DISABILITY DISCRIMINATION ACT 1995 (DDA)

The following information provides a brief introduction to the changes to disability legislation that will affect the Police Service from October 2004.

Who needs to read this?

All officers, particularly those who have management responsibility for others.

This includes, tutor constables, sergeants, inspectors, chief inspectors and senior managers.

Why?

The Disability Discrimination Act [1] (which already applies to police staff) applies to all police officers (including special constables) and those who apply to join the service, from October 2004. This means that the Force as a whole and every officer is under a duty not to discriminate against disabled colleagues in all matters relating to their employment. The DDA defines what is meant by discrimination in terms of the Act.

What does the DDA mean?

Any decisions and actions you take must not be based on stereotypical assumptions. You must deal with any concerns using proper research and on a case-by-case basis. If we are to avoid discriminating, we must reach and maintain a state of informed awareness about disability issues.

What doesn't it mean?

This does not mean standards will be lowered. It will open the service to good-quality recruits who may have a disability (as defined by the legislation) but can meet the service's standards. The DDA will also apply to officers who have had a disability as well as those who have a disability and those who become disabled, in terms of the DDA, during their careers. And, importantly, we will better reflect the community and so serve it more effectively.

Chief officers will be held responsible for the actions of any of their officers who unlawfully discriminates against a disabled colleague. If a force can show that they took all reasonable steps to prevent officers from discriminating unlawfully the force may avoid liability. As a result, chief officers need to make sure that all their officers know what the Act involves and that they do not behave in a discriminatory way.

Police authorities will need to be satisfied that their force is meeting the requirements of the Act. As part of their strategic oversight and monitoring role the authorities will need to regularly question chief officers about disability issues and the actions the force is taking to make sure they keep to the requirements of the Act.

On a day-to-day basis, managers will be responsible for making sure that an officer with a disability working for them is not discriminated against. The manager may also be the first person to become aware that an officer has a disability. Managers must understand the legislation and how it affects their work. They must be confident that they know how to make adjustments and where to go for help.

All officers should not only be aware that it is unlawful to discriminate against people who have disabilities, but also what they should do and how they should deal with disabled colleagues and applicants. Some disabilities may not be immediately obvious. Officers must be sensitive to any adjustments that may be needed to allow a colleague to fully perform their role.

Human resources directors and their staff should make sure that equal opportunity policies cover disability issues. Internal policies and procedures, such as grievance or disciplinary, must not discriminate. Reasonable adjustments may have to be made to allow disabled officers to use the procedures effectively.

Who is a disabled person?

The DDA defines a disabled person as someone who has a 'physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities'.

This is a complicated definition and can include people with mobility and sensory impairments, heart conditions, diabetes, asthma, dyslexia and some psychiatric conditions.

What should I do if I think an officer has a disability?

Talk to the officer about their disability or possible disability. If you think that they might have a disability that is affecting their ability to do their job, you should refer them to an occupational health adviser for a report. The occupational health adviser should give advice about aspects of the individual's job which are causing them particular difficulty or, in the words of the Act, 'placing them at a substantial disadvantage' compared to people without that disability. The manager is responsible for making any decision about making an adjustment.

Who else needs to know about the disability?

You should not tell anyone else about the individual's disability unless they give you their permission. However, if an officer tells you about their disability in an official capacity, the law treats the Force as knowing about it. This means that the Force has a duty to take action if this is necessary to allow the officer to do their job as well as possible. It does this by making what are known as 'reasonable adjustments'.

If you think that other people need to know about the disability, for example, the occupational health adviser or another supervising officer, explain why to the disabled officer. You must reassure them that this will be in confidence before you ask for their written permission to this. In some cases other people might need to know about some of the consequences of the disability, for example, because of the reasonable adjustments that are being made (see below). However, they do not need to know about the nature or diagnosis of the condition relating to the disability itself.

What are reasonable adjustments?

Reasonable adjustments are changes to premises or working practices and policies that the Act demands, which you might have to make to allow a disabled officer to do their job or continue doing the job of a police officer. The Act only states that adjustments have to be made that are reasonable in the circumstances for both the disabled officer and the force as a whole. However, it may be necessary to make reasonable adjustments to a whole range of polices and practices including recruitment, selection, training, promotion, career development, appraisals, transfers and sickness absence. You might also need to make reasonable adjustments to the premises where the individual works, or need to buy extra equipment. In considering what is reasonable, the cost is a relevant factor.

Examples of reasonable adjustments

· An officer with severe dyslexia might benefit from a computer with voice-activated software or a dictaphone to help record incidents and complete notes.

· An officer returning to work after a period of absence because of clinical depression might need extra supervision in the short term.

These are only examples - in each case it will be important to balance the needs of the individual with those of the Force.

Forces should be creative and flexible so they get the best from their staff and continue providing a quality service.

Practical and effective adjustments often involve little or no cost or disruption - especially when seen as an alternative to losing the skills and experience of officers who are still able to make a valuable contribution.

Before making any adjustments remember to:

· not make assumptions about what a person with a particular disability can or can't do;

· consult the individual about their needs and their disability;

· ? arrange for specialist reports and advice from medical experts, occupational health advisers and experts in equipment and disability such as disability employment advisers;

· consider whether you need to adjust working patterns or duties;

· consider whether you need to adjust working practices;

· ? consider whether any extra equipment is needed and if help with funding for this is available;

· ? be aware of the social environment - make sure the officer is encouraged to become or stay involved with colleagues and is not isolated because of their disability;

· ? be aware of the provisions of the Act; and

· ? be aware of where you can go for help and advice.

Where can I go for more information or help?

More detailed information about the DDA will be available in a guidance booklet 'Disability and the Employment of Police Officers' to be published soon.

You can get information about funding for reasonable adjustments through 'Access to Work', and information about workplace assessments from disability employment advisers from your HR department.

The following websites also have helpful advice and links.

www.employers-forum.co.uk

www.drc-gb.org.uk

[1] As amended by the Disability Discrimination Act 1995 (Amendment) Regulations 2003