PROCEDURE ON DISABILITY IN EMPLOYMENT PROCEDURE NUMBER: VERSION NUMBER: AUTHOR: CONSULTATION GROUPS: IMPLEMENTATION DATE: AMENDMENT DATE(S): LAST REVIEW DATE: NEXT REVIEW DATE: APPROVAL BY EXECUTIVE TEAM DATE: HRPG16 2 HR Project Manager - Wellbeing Equality&Diversity Steering Group HRSB November 2011 November 2011 November 2014 22.11.2011 The Director responsible for monitoring and reviewing this procedure is Executive Director of Corporate Affairs HRPG16 SOUTH ESSEX PARTNERSHIP UNIVERSITY NHS FOUNDATION TRUST PROCEDURE ON DISABILITY IN EMPLOYMENT Assurance Statement The Trust supports the rights and opportunities of all people to seek, obtain and hold employment without discrimination. This procedure sets out the process which underpins the Trust Disability in Employment Policy. As part of its commitment to encouraging diversity in the workplace the Trust is pledged to retain the ‘Two Ticks’ Disability Symbol award and support the Mindful Employers Charter. 1.0 Introduction 1.1 This procedure provides guidelines on implementing the Trust’s policy on disability in employment. It sets out the practical application of the Equality Act 2010 to ensure a fair and consistent approach towards individuals with a disability. 1.2 Managers and employees are reminded that disability can be either a physical or a mental impairment and that disabilities may not always be apparent. While the management of all disabilities requires discretion and sensitivity, this is particularly the case when dealing with ‘hidden’ disability such as mental ill-health. 1.3 This Procedural Guideline is divided into the following sections:  Section 2.0 – Recruitment  Section 3.0 – Employees who become disabled whilst in the employment of the Trust  Section 4.0 – Access  Section 5.0 – Health and Safety  Section 6.0 – Training  Section 7.0 – Procedure Reference Information 2.0 Recruitment 2.1. The Trust aims to ensure that recruitment is carried out on the basis of ability and that non-relevant factors such as disability, sex and race do not enter into the decision making process. 2.2. All recruitment and selection will be in line with existing Trust policies and procedures, which are reviewed regularly to ensure that people are selected on their merits and abilities. 2.3 The Trust holds accreditation of the Positive About Disabled People Two Ticks Disability Symbol and is therefore committed to offering an interview to all candidates with a disability who meet the essential criteria for the post. Page 2 of 5 HRPG16 Recruiting managers will be informed of any such candidates and will be reminded of their obligations. 2.4 Prior to employment, managers are encouraged to discuss what needs, if any, the employee has in terms of reasonable adjustments. This may be as simple as an earlier or later starting time, or something more complex, (for examples see point 3.3). 2.5. Advice must be sought appropriately from Occupational Health. Where special needs or equipment are required advice should be sought from the Integrated Risk and/or Human Resources (HR) departments. 2.6 If appropriate the Trust will liaise with the local Disability Employment Adviser who provides a specialist service for people with disabilities and employers. Grants and equipment may be available in certain circumstances. 3.0 Employees who become disabled whilst in the employment of the Trust 3.1 If an employee has health difficulties, which affects their ability to perform their duties to the required standard, a referral to the Occupational Health Department should be made. This will provide information as to whether the problem could be as a result of a disability. 3.2. The manager will take a view, having taken medical advice, and in consultation with the employee, as to whether or not the provisions of the Act and this document are likely to apply. 3.3 In line with the Equality Act 2010 , reasonable adjustments should be considered in order to retain employees who become disabled whilst in the employment of the Trust. Where reasonable and practicable, the following are examples of adjustments given in the Act that an employer might have to make:          Making adjustments to premises Re-allocating part of a job to another employee Altering the person’s working hours Assigning the person to a different place of work Supplying additional training Acquiring special equipment or modifying existing equipment Modifying procedures for testing or assessment Providing a reader or interpreter Providing additional supervision NB: Advice from the Human Resources Department should be obtained at the earliest possible stage. 3.4 The Act lists a number of factors, which may, in particular, have a bearing on whether it will be reasonable to have to make any adjustments. These are: a) The effectiveness of the particular adjustment in preventing the disadvantage b) The practicality of the adjustment Page 3 of 5 HRPG16 c) The financial and other costs of the adjustment and the extent of any disruption caused d) The extent of the employer’s financial or other resources e) The availability to the employer of financial or other assistance to help make adjustments 3.5 Where an individual is absent from work the Trust's Sickness Absence Policy and Procedure (HR26) should also be followed, although flexibility in its application may amount to a reasonable adjustment. For example, it may be appropriate to consider reasons for absence when applying the Policy. 3.6 Another reasonable adjustment is transferring the disabled person to fill an existing vacancy. In order to do this, Trust’s Equality and Diversity Policy (CP24) and Recruitment and Selection Policy (CP46) must be adhered to. 3.7 The Sickness Absence Policy and Procedure refer to the redeployment process, which should be followed to assist individuals find alternative employment within the Trust. The redeployment form is completed by the employee with support from HR. The employee’s details are then held on the redeployment register and they are notified on a weekly basis of all available vacancies. If a suitable post is identified the employee should complete an application and inform HR. HR will then notify the recruiting manager of the application and the redeployment status of the individual. The employee will be guaranteed an interview if they meet the essential criteria of the post. 3.8 Support will be given from an appropriate source i.e. Workforce and Training Department, at the employees request in making applications for alternative employment, e.g. interview coaching, Curriculum Vitae / application form completion. 3.9 In consultation with the employee, Human Resources may seek advice from outside agencies. 4.0 Access 4.1 So far as is practical and reasonable the Trust will make suitable means of access, modifications to equipment and adaptation of premises for disabled people. Advice should be sought from the Integrated Risk Department and relevant professional advisers e.g. Estates, Occupational Health. 5.0 Health and Safety 5.1 The Trust has its own Health and Safety policy, which commits the Trust to the provision of a safe and healthy work place for all employees. When employing people with a disability; care should be taken that the risk of accidents involving them is no greater than for any other employees. 6.0 Training 6.1 Employees with a disability will have the same opportunities as fellow employees with regard to training. Employees should alert Workforce Training and Development should they have any specific requirements with Page 4 of 5 HRPG16 regard to attending training. 7.0 Procedure Reference Information    Equality and Diversity (CP24) Sickness Absence (HR26) Workforce Wellbeing Service (HR36) END Page 5 of 5