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Qq/[iּ9uk o,jsDeA`Yb8*iFcToOjN3Iz%??(NƍsBy{eyK^E#96٬Dd`  <?M 0Caolan80 @4FJ42h$<pj  & +b .|P  Response from University and College Union Carlow Street London NW1 7LH 9 March 2012 Contact: Helen Carr, Head of Equality   HYPERLINK "mailto:hcarr@ucu.org.uk"hcarr@ucu.org.uk Dear Minister for Disabled People Fulfilling potential  a discussion document Thank you for the opportunity to contribute to the discussion on fulfilling the potential of disabled people. UCU represents academic and related staff working in post-16 education in the UK. UCU: represents 120,000 academic and academic related staff in further and higher education has a membership in further and higher education which includes professors, researchers, lecturers, tutors and academic related staff, librarians and IT professionals. UCU has 1400 members who are prison educators and who have key role to play in eliminating hostility towards disabled people. UCU welcomes the intention of the Government to improve the lives of disabled people but is concerned that the social and economic policies being implemented currently contradict this aspiration. Our response focuses on disabled people and work. We are responding to the following questions: Question 1: what could make a difference to you getting an education, getting a job or being able to live independently? The Government ensuring the full implementation of equality legislation would have a major impact on disabled people s access to work and their ability to stay in work. We now have the new general duty of the Public Sector Equality Duty. The Duty has three aims which require public bodies to have due regard to the need to: eliminate discrimination, harassment and victimisation and other conduct prohibited by the Equality Act 2010 advance equality of opportunity between people from different groups foster good relations between people from different groups. This means how a public authority acts as an employer how it develops policies how it designs and delivers services how it procures services. Ensuring this duty is properly enforced will support public sector employers not only delivering services which meet the needs of disabled people but also proactively recruiting and retaining disabled people as staff. As your consultation document notes, disabled people are less likely to be in work and to change this, employers need to address access issues. Employers also need to ensure that they consult disabled people including disabled trade unionists in the workplace. This not only supports best practice but the UN Convention on the Rights of Disabled People. Also employers understanding their duties under the Equality Act 2010 needs to be addressed. You highlight this yourself in case study 11 and without David being a tenacious manager working in an environment where he felt able to challenge the discriminatory culture, the disabled applicant would have been unlawfully discriminated against. The proposals to charge for employment tribunals will also impact on disabled people s ability to challenge discrimination. Discrimination cases are the most complex cases and will therefore attract the higher costs which will be a huge disincentive to take a case against an employer acting unlawfully. These fees will silence vulnerable, workers and come on top of a move to deprive access to tribunal for all workers with less than two years' continuous employment. UCU opposes these proposals. UCU also has grave reservations about the Government s strategy to get disabled people into work through changes to the benefit system including the discredited assessment system We are appalled by the talk of  benefit skivers and scroungers and the main aim is to get people off benefits rather than to support them into work. It is now well documented that genuine claimants are failing the work test. The Government is not supporting disabled people into work and is underestimating what is needed in terms of support. In particular those with mental health problems and learning difficulties will continue to be failed by this process. The issue of reasonable adjustments which are to be made by institutions in order to alleviate or remove the effects of a  substantial disadvantage is widely misunderstood by employers.. In practice this should mean doing things differently if the usual way would substantially disadvantage a disabled person. Or it might mean providing additional services or equipment. Reasonable adjustments include: changing standard procedures, such as admissions or assessment procedures adapting the curriculum, modifying teaching delivery or providing alternative forms of assessment adapting facilities, such as those in laboratories, or library or IT facilities providing additional services, such as a sign language interpreter or learning materials in alternative formats training staff to understand their responsibilities altering the physical environment to make it more accessible. It is our experience that the process of agreeing what a reasonable adjustment is can be stressful and a very negative experience for the disabled person. Also adjustments change over time or may be a long term adjustment which are examples of when disabled people are made to feel personally  unreasonable . There is often poor support for disabled people with  unseen disabilities such as mental health issues or a learning impairment. For fully inclusive workplaces, employers need to be reminded of the  anticipatory requirement of the reasonable adjustment duty and should put in place policies and procedures which allow for this. Our experience is employers are often unsure how they can support employees with mental health difficulties and what reasonable adjustments can be put in place. This lack of knowledge also means employers and colleagues may make assumptions about mental health difficulties based on stereotypes. Fear of saying or doing the wrong thing, as well as lack of awareness may stop employers even broaching the subject of mental health difficulties. This often means the responsibility for gaining support often lies with the individual not with the organisation. Case study 2 is good practice but it also needs to be recognised that such support may need to reoccur during Amir s working life and ongoing support is critical. UCU has produced a guide to mental health issues in the workplace that is a useful resource in informing and equipping both employers and employees. It can be downloaded here:  HYPERLINK "http://www.ucu.org.uk/media/pdf/r/q/ucu_1in4_mentalhealthatwork_jun11.pdf"http://www.ucu.org.uk/media/pdf/r/q/ucu_1in4_mentalhealthatwork_jun11.pdf There are some useful resources around disability at work. In 2008 The Commission for Disabled Staff in Lifelong Learning produced a report called  From Compliance to Culture Change: Disabled staff working in lifelong learning . The Commission was an independent body, funded by NIACE, DIUS, the LSC, LLUK and City and Guilds, and had membership and input from UCU staff and members. The report identified a systemic failure to address the issue of current and future disabled staff seriously, leading to widespread institutional discrimination. The report explains authoritatively and in depth why this should be so and identifies the main issues that need to be addressed to change this situation. Although the Commission is now defunct, UCU has a copy of the final report available for download at the following link:  HYPERLINK "http://www.ucu.org.uk/media/pdf/6/g/From_Compliance_to_Culture_Change.pdf"http://www.ucu.org.uk/media/pdf/6/g/From_Compliance_to_Culture_Change.pdf You can find links to the summary and further information about the Commission at the following link:  HYPERLINK "http://www.niace.org.uk/current-work/the-commission-for-disabled-staff-in-lifelong-learning"http://www.niace.org.uk/current-work/the-commission-for-disabled-staff-in-lifelong-learning The Equality Challenge Unit has recently published a report called  Enabling Equality: furthering equality for staff in higher education which investigates these issues. The trade unions were also involved. It makes recommendations on the way that Higher Education institutions can provide an environment that is inclusive and supportive of staff with disabilities, and highlights concerns and feedback from disabled staff.  HYPERLINK "http://www.ecu.ac.uk/publications/enabling-equality-staff"http://www.ecu.ac.uk/publications/enabling-equality-staff Disability leave UCU strongly supports the adoption of a disability leave policy as an example of an inclusive practice which will assist with the recruitment and retention of disabled staff. Disability leave (both planned and unplanned) can be used for those times when the employee needs to be away from work to attend medical appointments, become familiar with reasonable adjustments, or when adjusting to a new or worsened disability or medical condition. In the latter case, it may be appropriate for the individual initially to take a period of disability-related sickness absence and follow this with a period of disability leave as he or she becomes familiar with their new situation. Distinguishing between general sickness absence and disability-related sickness absence is good practice as it helps to remove disadvantage experienced by disabled people. This recognises that impairments and medical conditions may, at particular times, generate a greater level of absence which is often unhelpfully categorised as sickness absence. UCU also recommends that disability-related sickness absence should not be included in an employee's total sickness record, as it can influence decisions relating to promotion, references or selection for redundancy. A supported period of transition back to work, in relation to both disability leave and disability-related sickness absence, should be considered, as it can assist both employer and employee in the process of ensuring the member of staff is able to work to the best of his or her ability. Equally, providing central support and resources for departments and functional units with members of staff away on either disability-related sickness absence or disability leave will assist those departments in the conduct of their work, and will also help to reduce any concerns felt by colleagues of the absent person. The number of disabled people working in the further and higher education sector is low: the declared disability rate in further education is between 2.2 and 2.6% and in higher education 2.2% of academic staff and 2.9% of academic related staff declared an impairment. There are few openly disabled people in senior management positions. The number of openly disabled College Governors and University Board/ Senate members mirrors that of disabled employees. There needs to be access to mentoring, positive action programmes and continuous personal development. Your strategy wants to facilitate the participation of disabled people in community and public life and we would want this to be prioritised throughout  non disabled  organizations like the workplace so there is visibility in all parts of society and not just in  user led organisations. Question 9: what else is important in changing the way other people treat disabled people? UCU has been working with employers in both the higher and further education sectors to eliminate disability related harassment. We have developed good workplace practices. Also as the main perpetrators of hate crime are aged 16  44 years old, there is a role for education providers, employers and trade unions to help tackle and respond to this issue. For any approaches to be effective, there needs to be commitment from the public agencies to create a change. This takes time as we have witnessed with the slow process on appropriate responses to domestic violence or rape so the attitude of services needs to be tackled urgently if we are to effect a change in social attitudes. The overarching principles in any process must be transparency, accessibility and simplicity in policy and procedures to enable those who use them to have confidence in approaching public service agencies. Communications need to be a tailored to include all D/deaf and disabled people. Disabled people can be a community so thinking about the different approaches or needs of men and women, LGBT communities, BME communities, older and younger people and cross impairment will also critical. The development of any policies and procedures need to INVOLVE disabled people from the start  as you are aware from your own research, confidence in reporting and any action being taken will be extremely low. Hate crimes happen in a person s locality so the wider community needs to know there is a zero tolerance approach in work and in the community backed by legislation and action against hate crime will be swift. The biggest challenge will be a joined up approach across agencies but local partnerships which focus on preventing crime can assist in this process. Monitoring and evaluating procedures and more importantly outcomes are fundamental. UCU welcomed the recent Inquiry by the Equality and Human Rights Commission on disability related harassment and hope the recommendations following that Inquiry are fully implemented. UCU is committed to supporting their implementation including: Promoting positive attitudes to disabled people Better integration of pupils who are disabled or have special educational needs Increasing reporting of harassment and bullying Recognise that bullying may be motivated by hostility or prejudice against disabled people Intervening effectively to prevent escalation of bullying Better support for disabled pupils Reducing harassment of disabled people by pupils outside school, particularly on public transport Improving joint working with other agencies Question 11: Do you have any suggestions for how we should implement and monitor the Strategy once it is developed? UCU recommends the involvement of trade unions that have a wealth of experience in progressing equality with disabled members. One of the main problems with monitoring the strategy will be the low disclosure rates of those in work. Many workers fear being open about their disability as it may put them at risk of prejudice and discrimination. . In recent research carried out by disability right group  HYPERLINK "http://www.radar.org.uk/"Radar, three quarters of disabled people working in senior management roles who had the option to conceal their disability still chose to do so. Also if a person becomes disabled whilst already in a job, they may feel vulnerable. With 6.9 million disabled people of working age in Britain (19% of the working population) and the majority of people likely to develop some kind of disability in the future, greater openness around disability is a crucial priority in increasing equality and improving working conditions for all. Regardless of legal obligations and legislation, being part of a culture where people feel able to disclose is a major influence upon the decision to do so. When asked  what would make you feel more confident about disclosing? UCU members said that seeing others come forward and seeing those people progress were the most important factors apart from legislation. Employers and individuals alike play a role in shaping this culture. Employers should be aware that in doing so they create a happier and more efficient workforce. It is more cost-effective in the long term to plan adjustments than to correct unpredicted mistakes. The type of disability a person has, may affect the decision to disclose. If you have a disability that carries no physical signs you may feel less confident about disclosing. Research has shown that those with a mental health disability are less likely to disclose, particularly in academic jobs, where it is feared that the impairment may be seen as an inability to carry out the job effectively. In monitoring the strategy the Government needs to include all policies and changes to policies to ensure the approach by Government is joined  up. It is easy to identify policies which are going to be to the detriment of disabled people and be barriers to fulfilling the intentions of this strategy. UCU looks forward to the recommendations following this consultation. 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