Disability and staff

How to define disability

The Disability Discrimination Act is a relatively new act and the interpretation of the definition of disability by Employment Tribunals and Employment Appeal Tribunals is ongoing.

How to avoid discrimination during the application process

By applying the necessary reasonable adjustments you can ensure that a disabled candidate is not treated unfairly during the recruitment process for a reason relating to their disability. The Recruitment Toolkit can help you to recruit in a fair and non-discriminatory way.

How to prepare for job interviews and first meetings with colleagues

You may not know beforehand that the person is disabled and many disabilities are not visible. One way to prepare for this possibility is to include in any invitation the phrase ‘do we need to make any reasonable adjustments to ensure that you can participate fully during the interview/meeting?’. Give a contact name to discuss the issue further. The disabled person will know best what is needed.

www.lse.ac.uk/resources/disabilityStatement/ and ‘LSE For You’ give information on disability-friendly buildings and rooms.

If material needs to be produced in Braille, there is a Braille printer in the Library; contact ITSDisabilitySupport@lse.ac.uk for further information.

To help communication with deaf people, ‘Ezee Loop’ portable induction loop systems and ‘Conversors’ (neck loops with radio microphones) are available on loan from Audio Visual Unit.

If you are aware that a person is disabled, please seek help from the Recruitment Advisor, Head of Employment Relations or Employment Relations Manager, Human Resources Division on the questions that you should ask about the disability to establish what, if any, adjustments may be needed. The Disability Communications Guide gives advice on meeting and interviewing people with disabilities.

How to prepare for the new recruit’s start at work

If a new recruit has declared a disability, a post-recruitment or pre-start date meeting is a useful way to check if any reasonable adjustments need to be considered. It may be that no adjustments need to be made or, if adjustments are vital and entail a cost then financial support may be available under the Access to Work Scheme.

The Access to Work Scheme

The Access to Work scheme, run by the Employment Service, provides help towards the extra costs of employing someone with a disability. Examples of the support include:

• Adaptations to premises and equipment
• Special aids or equipment
• Support workers.
• A contribution towards the extra cost of travel to and from work if using public transport is not possible.

The person with the disability must make the application for help. The first point of contact is the Disability Employment Advisor, Placing Assessment and Counselling Team (PACT) based at the local Jobcentre.

The funding available from the scheme depends on whether the person is a new recruit or existing employee. The full cost is met for new recruits. The School is required to pay the first £300 for existing employees; above this sum the Government pays 80 per cent of the costs up to £10,000 and then 100 per cent of agreed costs above £10,000. Travel costs, in excess of the usual public transport costs, are met in full for new recruits and existing employees.

The School has a central budget to meet the cost of the employer’s contribution. Please contact Gail Keeley, Head of Employment Relations, Human Resources Division for more information.

What to do if a person develops a disability after recruitment

Many people become disabled during their working careers. You, yourself may become disabled.

If a person declares a disability, check with the individual concerned if any adjustments are required. Some adjustments, eg, altering working hours (refer to the Managing Flexible Working Toolkit) or arranging a swap of selected duties, may be agreed with the person without the need to seek further advice. Other adjustments may be quickly made with the help of service departments eg, on completion of an assessment, Estates may change the lighting and/or decoration of the room. More expensive adjustments may be eligible for funding under the Access to Work Scheme.

Please contact Head of Employment Relations or Employment Relations Manager, Human Resources Division, for advice if the person is unclear about the adjustments required or you need further advice. The Head of Employment Relations or Employment Relations Manager may suggest that an occupational health assessment could be helpful.

A person who develops a disability may not wish to reveal the fact at work. If the disability has little or no impact on work performance, it may not be necessary for the disability to be disclosed to you. However, a change in performance or attendance may be related to a disability. Please seek advice from Head of Employment Relations or Employment Relations Manager to ensure that you do not unwittingly discriminate against a disabled person. Employment Tribunal cases have shown that lack of knowledge of a disability may not protect an employer against a claim of disability discrimination.

If a person does describe a disability to you, check with the individual concerned if this information should be treated as confidential. If it is necessary to brief other managers or colleagues on its nature once purpose of any reasonable adjustments, the individual concerned beforehand so that the adjustments are introduced as successful as possible. Bear in mind that others do not need to know the precise reasons why an adjustment is necessary.

If you want to read general information about a disability, the Library has information on a range of disabilities available for reference use. If you are unfamiliar with the Library facilities, you can get assistance from the Help Desk.

^