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Police Federation of England & Wales Equality Liaison Officers’ Seminar November 2012. DISABILITY. Jayne Monkhouse OBE. Definition of Disability.

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Police Federation of England & Wales

Equality Liaison Officers’ Seminar

November 2012


Jayne Monkhouse OBE

definition of disability
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

  • Employment Tribunal decision
  • Does not cover someone who does not have a disability
additional to definition
Additional to Definition
  • Registered blind or partially sighted
  • Severe disfigurement
  • Cancer, MS, HIV
  • Applies if had a disability
not a disability
Not a Disability
  • Wearing contact lenses or spectacles
  • Addiction or dependency on alcohol, nicotine or other substance that is not medically prescribed
  • Hayfever;
  • Tendency to set fires, or to steal
  • Tendency to physical or sexual abuse of another
  • Exhibitionism or voyeurism.
Unlawful behaviour

Additional for Disability

  • Direct discrimination
  • Indirect discrimination
  • Harassment
  • Victimisation
  • Duty to make reasonable adjustments
  • Discrimination arising from a disability
direct disability discrimination
Direct Disability Discrimination

Treating someone less favourably because of disability

Includes association and perception

Direct disability discrimination cannot be justified

indirect disability discrimination
Indirect Disability Discrimination

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

discrimination arising from disability
Discrimination Arising from Disability

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.

duty to make r easonable a djustments
Duty to Make Reasonable Adjustments

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

reasonable adjustments
Reasonable Adjustments
  • Physical adaptions
  • Another role (including moving a non disabled officer to create a vacancy)
  • A better role
  • A staff role
additional matters
Additional Matters
  • Must take reasonable steps to ensure information is in an accessible format
  • Can’t require a disabled person to pay for a reasonable adjustment
  • Can’t ask about a person’s health before offering work or including in pool for selection; except when
    • health is intrinsic to role
    • establishing need for a reasonable adjustment
    • taking positive action
    • monitoring
sick pay regulation 28 pnb 05 01
Sick Pay: Regulation 28/PNB 05/01

A chief officer should exercise discretion when:

  • the incapacity is directly attributable to an injury or illness sustained/contracted in the execution of duty
  • the illness may prove to be terminal;
  • the officer has been referred to an SMP for consideration of permanent disablement.
  • it would be a “reasonable adjustment” to allow (further) reasonable adjustments to be made so that the officer can return to work.
reduced hours regulation 5
Reduced hours: Regulation 5
  • Cannot be forced to go part time
  • Cannot be forced to increase hours
  • Cannot expect to be paid full time for reduced hours working
    • Unless (possibly) on recuperative duties
ill health retirement pension regulations h1 69
Ill Health Retirement: Pension Regulations H1/69
  • Permanent disablement as assessed for the Police and Crime Panel by a selected medical practitioner (SMP)
  • Appeal to the PCC
  • The “inability, occasioned by infirmity of mind or body, to perform the ordinary duties of a member of the Force”
retention pension regulations a20 21
Retention: Pension Regulations A20/21
  • The officer should be retained wherever practicable
  • Police & Crime Panel decision taking into account
    • SMP’s assessment,
    • the Chief Officer’s advice
    • the officer’s comments; and
    • whether the officer is subject to outstanding or impending misconduct proceedings
    • any reasonable adjustments which may be made