Police Federation of England & Wales Equality Liaison Officers’ Seminar November 2012. DISABILITY. 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
Additional for Disability
Treating someone less favourably because of disability
Includes association and perception
Direct disability discrimination cannot be justified
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.
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
A chief officer should exercise discretion when: