DISABILITY Police Federation of England & Wales Equality Liaison Officers’ Seminar November 2012 Jayne Monkhouse OBE

Definition of Disability Someone with a physical or mental impairment that has a substantial, long term adverse impact on their ability to carry out normal day to day activities Employment Tribunal decision Does not cover someone who does not have a disability

Additional to Definition Registered blind or partially sighted Severe disfigurement Cancer, MS, HIV Applies if had a disability

Not a Disability Wearing contact lenses or spectacles Addiction or dependency on alcohol, nicotine or other substance that is not medically prescribed Hayfever; Tendency to set fires, or to steal Tendency to physical or sexual abuse of another Exhibitionism or voyeurism.

Direct discrimination Indirect discrimination Harassment Victimisation Duty to make reasonable adjustments Discrimination arising from a disability Unlawful behaviourAdditional for Disability

Direct Disability Discrimination Treating someone less favourably because of disability Includes association and perception Direct disability discrimination cannot be justified

Indirect Disability Discrimination If an employer imposes an apparently neutral provision, criterion or practice (PCP), that would put disabled persons at a particular disadvantage compared to persons who do not have that disability, (puts a disabled person at a disadvantage), and which the employer cannot show is a proportionate means of achieving a legitimate aim

A discriminates against a disabled person, B, if (a) A treats B unfavourably because of something arising in consequence of B’s disability, and (b) A cannot show that the treatment is a proportionate means of achieving a legitimate aim This does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability. Discrimination Arising from Disability

Duty to Make Reasonable Adjustments An employer has a duty to make reasonable adjustments where working arrangements or physical features place a disabled employee or job applicant at a substantial disadvantage to persons who are not disabled. Advice available to disabled person from Access to Work/Jobcentre Plus

Reasonable Adjustments Physical adaptions Another role (including moving a non disabled officer to create a vacancy) A better role A staff role

Additional Matters Must take reasonable steps to ensure information is in an accessible format Can’t require a disabled person to pay for a reasonable adjustment Can’t ask about a person’s health before offering work or including in pool for selection; except when health is intrinsic to role establishing need for a reasonable adjustment taking positive action monitoring

Sick Pay: Regulation 28/PNB 05/01 A chief officer should exercise discretion when: the incapacity is directly attributable to an injury or illness sustained/contracted in the execution of duty the illness may prove to be terminal; the officer has been referred to an SMP for consideration of permanent disablement. it would be a “reasonable adjustment” to allow (further) reasonable adjustments to be made so that the officer can return to work.

Reduced hours: Regulation 5 Cannot be forced to go part time Cannot be forced to increase hours Cannot expect to be paid full time for reduced hours working Unless (possibly) on recuperative duties

Ill Health Retirement: Pension Regulations H1/69 Permanent disablement as assessed for the Police and Crime Panel by a selected medical practitioner (SMP) Appeal to the PCC The “inability, occasioned by infirmity of mind or body, to perform the ordinary duties of a member of the Force”

Retention: Pension Regulations A20/21 The officer should be retained wherever practicable Police & Crime Panel decision taking into account SMP’s assessment, the Chief Officer’s advice the officer’s comments; and whether the officer is subject to outstanding or impending misconduct proceedings any reasonable adjustments which may be made