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Feature: Employment and the Disability Discrimination Act
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Each Journal contains a number of features about current debates, campaigns, research or news. Here is an article about Employment and legal action.
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Employment and the Disability Discrimination Act
As you know, Awareness Week 2007 highlighted our campaign to help adults with Down’s syndrome into employment. Here Gareth Kervin, a lawyer specialising in employment issues, provides information on the legal structures in place to help overcome discrimination in the workplace.
Consider this simple fact - 80% of people with a learning difficulty in the UK are out of work, but 81% of them want to work. The workplace loses out on very valuable workers and the workers miss out on a very enriching experience. So what help is available to address this injustice?
People with Down’s syndrome, in addition to the usual employment rights, are specifically protected by the Disability Discrimination Act 1995. This provides protection from less favourable treatment compared to other workers and obliges employers to make reasonable arrangements and changes to cater for the special needs of disabled people. In fact employers must actually act more favorably, to help those with disabilities. This applies to both supported employment and the general market.
In practice this could include help and support with learning skills, providing a reader or supervisor, job sharing so tasks are split appropriately between employees or maybe practical assistance to ease the physical burdens of a job. Employers must discuss the requirements and see what changes or arrangements would make the job possible or easier. All reasonable changes must be adopted.
The protection is not only for those people already employed, it covers post-employment and the whole recruitment process; from the consideration of initial applications, the interview and the final decision.
Those employers found by a court to be in breach, are ordered to pay compensation to the worker and/or in effect make the necessary change(s).
These rights are in addition to the standard protection from unfair dismissal and other specific forms of discrimination. All in all the employment opportunities and protection for people with Down’s syndrome are improving. It is simply not possible for employers to ignore people with Down’s syndrome where they are able to carry out the job – with or without reasonable assistance.
The carers and families of people with Down’s syndrome are also able to take advantage of employment legislation; in particular the right to request flexible working arrangements and the right to time off to care for dependants. It is also clear that the employers of employees with caring responsibilities must take a very compassionate and flexible approach where possible. These rights make it much easier for carers to return to or continue in the workplace.
There are many places offering further information. For a list of useful addresses relating to employment for adults with Down’s syndrome, please download our Employment Booklet from our website. Specific legal information can be found at:
Equal Opportunities Commission
http://www.eoc.org.uk
Tel:
Email:
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