A step-by-step guide to successful recruitment The success and lessons learned from Centrica's New Deal recruitment project are set out in a new step-by-step guide from the Forum. 'Recruitment that works: a blueprint for public-private sector partnership' provides a framework for other employers who want to attract and employ disabled and significantly disadvantaged applicants. The pilot project partnership between the Forum, the Employment Service and Centrica resulted in 50 disabled people and carers being recruited into full-time employment. Centrica chief executive and Forum chairman, Roy Gardner paid tribute to the skills and dedication of his team, "who turned an initial idea into a commercial reality". Gardner also gave credit to the the flexibility demonstrated by the Employment Service, which "provides real hope that similar initiatives can be developed in other parts of Britain". Forum chief executive Susan Scott-Parker said one of the most significant aspects of the project was the shift in relationship between business and disability specialist agencies. "The message from this book is quite clear: if you want to have significant levels of disabled people adding real value to your workforce, then this is the approach to take. It is proven and it works." She added: "We are delighted that other organisations are using the Centrica blueprint. Sun Alliance and CIS have already begun their projects and we look forward to sharing their experiences." 'Recruitment that works' is the first in a new series entitled the Employment Action File. Price: £pound;15 for members/£pound;20 non-members. For information contact Sam Hussey or Richard Molyneux on 020 7403 3020. Employment Action File 2 'Monitoring the workforce' will be published in November, sponsored by Glaxo SmithKline. Making it in the theatre The National Theatre has produced a new access guide for disabled visitors to its facilities and the surrounding area on London's South Bank. In addition to ticket discount information, the guide includes maps and plans to assist with orientation around the building. Information about accessible seating, toilets, cloakrooms and a seating plan are included for each of the venue's three theatres. The free guide is available in large print, Braille and audio tape format. Marketing officer Nikki Young said: "We aim to be accessible to all, and this new guide highlights some of our services. This is an ongoing process and we welcome comments from disabled visitors about the guide, our services and their requirements." For further information contact Nikki Young on 020 7452 3540. Oftel sets out telecom guidelines Forum member Oftel has produced a guide to help telecoms companies communicate more effectively with disabled customers. Regulations introduced last year imposed new conditions regarding telecom services to disabled ; most provisions must be complied with by this month. 'Communicating with customers who are disabled' sets out the steps that telecoms service providers must take and details what fixed network operators must do to meet their licence requirements. The guide also encourages good practice. It includes advice about formats such as Braille and large print, customer contact by telephone and the communication requirements of customers with a wide range of disabilities. The guide has been produced with the support of the Disability Rights Commission. "It is very important that telecoms companies communicate effectively with all their disabled customers," said Oftel director general of telecommunications, David Edmonds. "All customers should be able to expect an equal standard of excellent service." Bob Twitchin, Forum Associate and chairman of the Advisory Committee on Telecommunications for Disabled and Elderly People (DIEL), said: "I welcome this guide. DIEL is pleased to have worked with Oftel to compile it and is grateful for all those who have contributed to it." For further information contact Oftel's research and information unit on 020 7634 8761. Email: infocent@oftel.gov.uk Police Disability Network Met chief inspector takes over as new network co-ordinator Chief Inspector Mark Goldby is the new co-ordinator of the Police Disability Network. He replaces Chief Inspector Janice McClean, who returned to the Metropolitan Police in September. Goldby has 20 years service with the Met as a frontline officer. He first became interested in disability issues when an officer approached him about loss of driving skills following an eye injury. Goldby said: "I am looking forward to developing the profile of disability in the police service further and building on the already effective work of the network." Goldby's appointment follows a successful year for the network under McClean's co-ordination. Highlights include disability featuring on the agenda at the Met's third annual diversity conference held in April. The event was attended by over 500 delegates, with input from Changing Faces equal opportunities adviser Cathy Wheatley. In March Suffolk Police hosted the Eastern region workshops - a multi-agency gathering involving the network and the charity Mencap and attended by officers from six forces. Over the past year the network has helped representatives to get their forces involved in 'joined-up thinking' about the DDA, rather than leaving this area to the equal opportunities or diversity manager. An example of this is the development of DDA programme boards. The network's work with Her Majesty's Inspector of Constabulary (HMIC) has resulted in the DDA being incorporated into HMIC's inspections and protocols and, with the help of Sir David O'Dowd, generally raised the profile of disability across its work. The network has supported many forces making changes to their station office and cell designs. Such adjustments were demonstrated at an open day in Lambeth, south London in July. Janice McClean was also a guest speaker at the North Wales diversity seminar in January. The event attracted over 100 officers and visible support from top management. Commenting on the ongoing challenges for the network, McClean commented: "One of the biggest tasks is getting everyone talking across the forces and ensuring that disability is firmly positioned as mainstream." For further information contact Mark Goldby on 020 7403 3020. Advice on hearing aids from RNID The Network has received several queries, both from individual officers and from forces, about policy on officers wearing hearing aids. Some forces have no problem with officers wearing hearing aids; others are concerned that there may be a health and safety risk, or that hearing aids do not restore hearing completely the way that lenses can correct vision. RNID lawyer Samantha Fothergill has given the following opinion: With regard to the risk of physical damage: if, for example, there is a blow to the head, there is less risk from wearing a hearing aid than from wearing spectacles. The external ear and the skull behind it are much more robust than the eye and its surrounding area. Furthermore, damage to the external ear is much less likely to affect hearing than eye damage will affect sight. With regard to the scope for restitution of hearing as opposed to sight: it is true that most sight defects can be completely corrected by an appropriate lens prescription. It is also true that hearing aids often do not restore perfect hearing, especially in noisy situations. However, everyone (even those with 'normal' hearing) experiences difficulty following what is being said in high levels of background noise. Hard-of-hearing people vary enormously in the type and severity of their hearing loss and in how well they can function with the benefit of hearing aids. Some will be able to respond and communicate just as well as a person with good hearing. Where hearing well really is an essential requirement for the job, a fair policy would be based on assessment of how well someone actually hears using their hearing aids. Modern, sophisticated hearing aids can be much more effective than old hearing-aid technology. Blanket policies ruling out people who wear hearing aids should be challenged because: € They do not reflect the effectiveness of modern hearing-aid technology € They tend to be based on a 'worst case' scenario rather than taking account of the actual communication and hearing ability of an individual hearing-aid user. For more information contact the RNID on 0808 808 0123 or textphone 0808 808 9000. Forces seek to tackle disability issues across the board Many forces are starting to form across-the-board Disability Discrimination Act committees or steering groups. These groups represent all those within a force who will be affected by the DDA. Usually they are chaired by an objective champion with the ability to motivate within their force, rather than someone with a particular responsibility for DDA and disability-related issues. The main aim of such a group should be to ensure that everyone knows what everyone else is doing with regard to disability, and how this will affect each team. The group also provides a consultation forum for employees and a platform for discussion about practical adjustments. Groups are not meant to replace staff associations or their functions, but could be advised by them. Meetings are usually quarterly; the main function is to spread information and to ensure that actions progressed under Part III of the Act (service delivery) are consistent with reasonable adjustments under Part II (employment). With the introduction of video interviewing for vulnerable and intimidated victims of crime under the Youth Justice and Criminal Evidence Act, it is imperative that cases can be progressed to the doors of the court and the act specifically includes those with disabilities. In forming such a group, good practice suggests that those responsible for the following areas are included: € Property services/estates management € Legal services/solicitors branch/ complaints € Personnel policy/human resources € Recruitment € Diversity policy forum € Information technology € Training department (police and civilian support staff) € Crime policy/community support units/hate crime units € Human rights € Occupational health adviser/health and safety. Forum profile Actor Mat Fraser talks to Liza Ramrayka about his bid to bring disability to mainstream media When was the last time you saw a disabled actor on TV or on screen? Not someone playing a disabled character, such as in the films Rain Man or My Left Foot, but a person with a real and obvious disability? For Mat Fraser, the answer is disappointingly predictable: "Most people remember [wheelchair user] Sandy from Crossroads, but that's about it. That's why I work on screen and stage - to provide scenarios that a lot of people see and which change the way they think about disabled people." Mat's latest acting venture is suitably high profile - a part in Andorra, a play by German playwright Max Frisch currently on at London's Young Vic. It's a piece about "truth, life, denial, betrayal - all the usual themes". More significantly for Mat, who was born with short arms because his mother was prescribed Thalidomide when pregnant, it's his first piece of 'mainstream' theatre. "On one level, I think, 'oh my God' because I'm working with actors who have all done the National and the RSC. On another level, I think 'wow, this is the first time a person with such an obvious disability as mine has been on stage at the Young Vic', which is a great excitement," he says. Unlike many of Mat's previous roles, he is simply one of the characters - disability is not integral to the role. "It will be a shock to audiences," he says. "I've done other plays when you come out and feel the shockwaves. Some people go red because they're embarrassed - that's how alien disabled people appear to some people, so it's a big battle." Changing the way disabled people are represented and perceived is close to Mat's heart. "In a world where TV is the major propaganda tool of society, the inclusion and visibility of disabled people is vital," he says. Mat admits the move from fringe and disability theatre has not been an easy one. "The little guy on my left shoulder - the militant disabled bloke - says it's because people can't see beyond the disability. They're too scared and think that disabled people are too 'other' from them to connect in any way. The other, more conciliatory chap on my right shoulder says 'yes, but there aren't many of us around who can act that well and no parts really written for disabled people'. I'm constantly disappointed with the lack of progress in this area, but I do think things are progressing," he says. While he concedes that legislation has helped to improve the situation, Mat says the media industry still has "too many get-out clauses" around disability. "It's not good enough for a commissioning editor to suggest getting a disabled person in the cast if the casting director ends up with a blind actor instead of a wheelchair user who isn't quite right so they have to use an able-bodied actor," he says. "I admit the alternative might mean several productions with really not very good actors in them, but I honestly think that it's the better of the two evils in the long term." Mat has been involved for the last three years with the Broadcasters' Disability Network, which was launched in June 1997 by the broadcaster members of the EFD. He was a presenter at the Forum's national events in 1999 and 2000. "The BDN has done a lot around the portrayal of disability in the media and promoting the employment of disabled people in broadcasting," says Mat. His own efforts have included TV ads for the Co-operative Bank and Virgin mobile phones. "I hope these will herald the use of more disabled people in advertising, although I think people are still shocked when they see a real disabled person on screen. I'll only really be happy when it's not a shock." Mat was a professional musician for 15 years, playing drums and keyboards in a range of rock, punk and thrash metal bands with reasonable success. "I know it's incredible but I didn't think of myself as disabled and, until 1992, was living as a non-disabled person. Then I decided to concentrate on my own reactions to my disability," he explains. Mat began working in disability arts, performing his poetry and music, and got involved in disability politics through the Disabled People's Direct Action Network (DAN). This experience led him to join the Graeae Theatre Company, Europe's leading company for disabled actors, which marked turning point in his career. Within a couple of years, he had toured the UK in a Joe Orton play, appeared in the Carlton TV drama, The Unknown Soldier, and been made a cast member of Radio 4's Yes Sir I Can Boogie, disability sketch show. Last year Mat co-presented Channel 4's Freak Out magazine programme and has since appeared in its Metrosexuality drama and in the Philip Kaufman film, Quills. While his CV looks impressive, Mat stresses that there have been knock-backs too. "I got turned down for an early evening police drama on ITV, on the grounds that my character needed to drive - despite my CV saying that I had a full, clean driving licence on the front page!" During 2001 Mat has been touring the UK with his own play, Sealboy: Freak. It's a story of two different performers with Mat's impairment, phocomela (seal-like limbs). "I'm interested in setting up inner confrontation for the audience, which leads to provoking them to question stereotypes," he explains. Employers play a part in challenging these stereotypes, Mat adds. "It's fairly liberal in my area [of work] so people know that you'll ask for help if you need it, but I don't know if it would be the same in other jobs. On the whole, people need a lot more disability awareness; that's why I do what I do." Mat's ultimate aim is to write a screenplay and act in a mainstream film "which becomes a wild hit in Britain and gets seen in America - to feather my career bed for the next 20 years!" In the meantime, he's hoping that his Young Vic experience will open the doors to him, and fellow disabled actors, to other mainstream work on stage and screen. "I'd like to think that in five years time the TV soaps will have disabled people who, after the initial disability novelty, settle down to be just one of the people on the square, or in the close or on the street." Andorra is at the Young Vic until 10 November. Box office: 020 7928 6363. : www.youngvic.org The BDN is launching a producers' guide to disability (see page 2). 'Adjusting the picture' will enable producers to work with and support disabled employees, contributors and audiences. For further information, contact Jenny Stevens on 020 7403 3020. Government update New government initiatives are changing the landscape of disability and employment. Update highlights the latest developments and reviews the progress of existing projects Focus switches from benefits to work Several changes to the way employers and disabled people engage with government services have taken place over the months since June's general election, with more in the pipeline. Some of these developments stem from the government's desire to deliver more targeted support for job seekers and to emphasise the focus on work rather than benefits for all. It hopes to work closely with employers to achieve these aims. This October sees the launch of Jobcentre Plus, uniting the Employment Service - which runs job centres - with the Benefits Agency's services for people of working age (see 'A new role for Job Centres', below). As such, high streets will over time see the creation of a single gateway to job hunting and welfare support in all areas across the country. Before receiving benefit, people will talk to a personal adviser about the job opportunities available; in the past they signed on for benefit before considering looking for work. Jobcentre Plus teams will work with local employers to understand their needs. Services will include job matching, advice on specialist types of employment and employing people with disabilities and local account managers to provide a dedicated local service for employers. New recruitment technology will give employers access to a greater source of potential employees. Vacancies will be posted on Jobsearch, part of the Employment Service website and on Worktrain, the national jobs and learning site. Details will also be sent to over 1,000 offices across the country. Meanwhile the Pension Service, to be phased in between April 2002 and 2003, will offer current and future pensioners a one-stop shop - via telephone, post or the internet - for advice and information about pensions. This brings together policy and operational responsibility for pensions under a single new organisation, distinct from the Benefits Agency. Earlier this year the government announced the national extension of the New Deal for Disabled People (NDDP). The roll-out follows a series of pilot schemes set up in 1998 and targeted specifically at people with disabilities and long-term health problems, particularly those receiving benefits on the grounds of incapacity for work (see New Deal panel, p9). In July the first job broker service providers under NDDP started in England, Scotland and Wales. The network of job brokers (there are 57 at present) will work to meet the needs of both employers and people on incapacity benefits, to match the jobs available locally with the skills needed to fill them, and to develop those skills for people who do not already have them. "By extending NDDP and involving private, voluntary and public sector organisations as job brokers, we aim to encourage yet further innovation and learning," says a government spokesman. A new role for Job Centres Paul Newman, co-ordinator of the Forum's New Deal Network, takes a look at the government's latest employment initiative The current administration has for some time talked about 'joined up government'. This autumn sees it starting to happen. In over 50 'pathfinder' locations around the UK, you will see new job centres. They will be branded Jobcentre Plus (the locations are listed on the Jobcentre Plus website, see panel). They will be working with any person of working age who has not got a job. They will help people understand their entitlement to support from the benefit system and, just as importantly, they will offer employment support and help to those who can work. No longer will people who are disabled and on Incapacity Benefit be treated as if they cannot and do not wish to work. If they want to re-enter the world of work, Jobcentre Plus will help them. The government has also recognised the importance of understanding employer needs when helping people who are disadvantaged find work; every Jobcentre Plus office will have an employer account manager to work closely with employers. This is recognition of an issue that has been long understood by the Forum. With the opening of these centres in October, it is more than appropriate that the Forum is launching a new guide with the title of Recruitment that works (see p5). It is based on detailed analysis of the success that Centrica has had in recruiting disabled people and carers across the UK. Work Structuring Ltd has developed the processes and we have a number of intermediary organisations, including Jobcentre Plus, who are keen to help employers make New Deal-related recruitment a success. I have often been asked if there is a simple tool for assessing the cost of losing staff who have much to offer an organisation but who have acquired a disability or a medical condition requiring an investment in their retraining, rehabilitation or technical adjustments. In conjunction with Exeter-based St Loyes Transformation project, we have developed a simple tool. It is in Excel form and enables the costs of separation and recruiting replacement staff to be calculated. It will help HR people when talking to finance or other departments about the benefit of an intervention that retains those skills in the business. For further information, contact Jon Gooday at the Forum on 020 7403 3020. By the end of this year we will have two unique practical tools to use in the recruitment and retention of disabled people. Meanwhile the pool of talent is being expanded through the Jobcentre Plus initiative, and the 'war for talent' continues. If you would like to discuss any issue concerning recruitment or retention of people with disabilities, do not hesitate to contact me. For further information contact Paul Newman on 01162 489480 New deal for disabled people The NDDP pilots were established in 1998 and had two key features: € a personal adviser service for people on incapacity benefits, piloted by the Employment Service and by private and voluntary sector providers in 12 areas € 24 'innovative schemes' concentrating, for example, on specific disabilities and run by public, private and voluntary organisations. The main aim of these pilots was to test ways in which to provide advice, help and encouragement to disabled people who want to work. The Forum evaluated three of these pilots and was the only organisation to focus in depth not only on the broker and the job seeker but also on the experience of the employer. In July 2001 the Department for Work and Pensions published two research reports on the NDDP pilots. These presented findings from independent evaluations of both pilot schemes. The personal adviser service report drew on telephone and interview surveys of participants, service managers, employers and representatives of partner organisations. The innovative schemes report was based on a two-stage visit to each scheme, analysis of documentary material and of monitoring data. The research shows that pilots were more successful when they had a good understanding of the local business environment, and viewed employers as 'customers' with their own varied needs. Employers appreciated general advice on employing disabled people and, in particular, on the operation of the DDA, enhancing the skills of personnel staff and managers in managing sickness absence, and information on services to support employees at risk of losing their jobs because of ill-health and/or disability. The new government line-up The general election of June 2001 proved a catalyst for change in Whitehall, not least in the area of employment and disabled people. The work of the Department for Education and Employment (DfEE) and the Department of Social Security (DSS) was dispersed across two new departments - the Department for Work and Pensions (DWP) and the Department for Education and Skills (DfES). Department for Work and Pensions Headed by Alistair Darling, the department incorporates the Benefits Agency, Employment Service, Child Support Agency and the Appeals Service and is responsible for delivering targeted employment programmes and benefits for disabled people. DWP is behind the launch of Jobcentre Plus, the government's new employer-focused employment service (see box). Department for Education and Skills Led by Estelle Morris, this department covers lifelong learning, adult skills, national training organisations (NTOs) and learning and skills councils, in addition to responsibility for schools, further and higher education. Former disability minister Margaret Hodge is minister for lifelong learning and higher education. New minister Margaret Hodge was replaced as disability minister by Maria Eagle, a parliamentary under-secretary of state in the DWP. Eagle's remit includes responsibility for disabled people, disability policy and the Disability Rights Commission. Key government roles related to disability Minister for disabled people Maria Eagle (DWP) Minister for work Nick Brown (DWP) Minister with responsibility for Incapacity Benefit Malcolm Wicks (DWP) Minister for corporate social responsibility Douglas Alexander (Department of Trade and Industry) Equality sub-committee chair and responsibility for Article 13 directive on employment discrimination Sally Morgan (Women and Equality Unit, Cabinet Office) Useful websites Government Cabinet Office www.cabinet-office.gov.uk Department for Work and Pensions www.dwp.gov.uk Department for Education and Skills www.dfes.gov.uk New Deal for Disabled People www.dfee.gov.uk/nddp Disability website www.disability.gov.uk Jobcentre Plus www.jobcentreplus.gov.uk Worktrain www.worktrain.gov.uk Jobsearch www.employmentservice.gov.uk Equality Commission for Racial Equality www.cre.gov.uk Disability Rights Commission www.drc-gb.org Equal Opportunities Commission www.eoc.org.uk Women and Equality Unit www.womens-unit.gov.uk Others Employers' Forum on Disability www.employers-forum.co.uk Workstructuring www.work-structuring.com Positioning disability as a diversity priority A survey of Forum members highlights the barriers they need to overcome to become disability-confident organisations With the advent of the DDA and the promotion of related business benefits, disability issues have moved up the boardroom agenda, but some Forum member boards are still struggling to attract and employ disabled people. These were among the findings of the survey of members for the Forum's 'Unlocking the evidence' publication. Independent consultants interviewed 23 Forum members earlier this year. In addition, 87 members responded to an email survey. The results highlight a growing understanding of the business benefits of embracing disability. Two-thirds of those responding to the email survey said their board had discussed the possible business benefits. But many organisations have found that disability can get lost within diversity - the email survey showed that it is seen as the least pressing element of diversity. The biggest stumbling block for employers is attracting disabled people to apply for jobs. "Having a good policy is one thing, it is quite another implementing it," said one member. A third of members identified stronger legislation and action by the Disability Rights Commission as the most important catalysts for making their organisation take disability more seriously. Changing attitudes by successfully recruiting or retaining disabled people was seen as one solution to the problem. To this end, some organisations are working with the voluntary sector. The survey showed that employers were having problems measuring and monitoring disability. This is partly a case of not understanding what the term 'disability' encompasses. It is also due to the fact that the stigma of disability leads people to do everything they can to avoid being classified as 'disabled'. Role models and exposure to people with disabilities were highlighted as successful routes to overcoming attitudinal barriers. Mystery shopper exercises, although in their infancy, are also working well. Encouragingly, the findings show widespread examples of good practice. Over 40 per cent of those interviewed said these had been the most effective way of overcoming prejudice and promoting the business case. "Retaining people with disabilities...;opened managers' eyes to what they can do - especially good when there are people with key skills you want to retain," stated one member. Perseverance and sustained deployment were the most important lessons learnt by members. One said: "I enlist the aid of other influential people in the organisation, who are supportive, to talk about corporate reputation risks, legal risks and the impact on our own employees." In the email survey, 43 per cent of members said that race is taken more seriously in their organisation than disability, while 30 per cent said the same of gender. Some members thought that employing someone with sole responsibility for ensuring that their organisation embraces disability could help to maintain the focus on this issue. Spotlight Partnership is the key for jobseeking service Update looks at the work of Prospects, an employment consultancy service which helps people with autism and Asperger syndrome to find and retain work Around 400,000 adults in the UK have autism, a little understood disability that causes complex social, emotional and communication difficulties. More able autistic people often have highly specialised skills and qualifications, for example degrees in mathematics, electronics or computing. It is believed that over 300,000 are of average or above average intellectual ability, yet only 20-25 per cent are employed Asperger syndrome is a form of autism. People with the syndrome have difficulty in understanding and interpreting other people's non-verbal behaviour, motivations and expectations, and can find social interaction confusing. However, they are also generally sociable and outgoing and often seek contact with other people. Although often excellent with facts and figures, they find abstract and conceptual thought difficult. Even where a person's qualifications and skill levels are more than adequate for the work concerned, difficulties interacting with others can significantly affect their ability to find and keep a job. Prospects was set up six years ago by the National Autistic Society (NAS) in partnership with the EFD and the then Department for Education and Employment. The service has now helped 100 jobseekers, many of whom are in permanent employment. Jobseekers using Prospects must be able to travel independently and be willing to work in the greater London area. Jobseekers have an informal interview with an employment consultant, followed by a work preparation programme to develop confidence and interpersonal skills. Many people with Asperger syndrome are highly motivated to seek work, but they may have difficulty 'reading between the lines' of a job advertisement. This can lead to their applying for unsuitable vacancies, followed by rejection and a sense of failure. An important part of the Prospects service is to help clients identify appropriate career goals, develop their CVs and apply for suitable jobs. Through one-to-one training sessions, employment consultants help their jobseekers gain a realistic understanding of how their disability may affect their life at work and how best to explain the condition to others. For many, this is the first employment-related help they have ever had from someone who understands their disability. When jobseekers are invited for an interview, a Prospects consultant will provide information to the employer recommending 'reasonable adjustments' so that their questions will help elicit good responses during the interview. On the day of the interview the employment consultant can attend with the jobseeker to offer support and answer any questions the employer may have. Close working relationships with employers are vital. When a job is offered, or a placement begins, the employment consultant offers full-time support for the first week, working alongside the individual to help with orientation, training and to provide information and advice to colleagues and the line manager. Support is gradually reduced as the person integrates into the new organisation, and confidence develops. Prospects manager Catherine Burkin says partnership with employers is crucial: "We've needed top-level support in our partner companies to get things going, but nothing would have been achieved if we hadn't had such hard work, understanding and support from everyone involved. I know that if the line manager is committed to what we're trying to do, there's a very good chance it will work." Funding for employment support to Prospects' jobseekers is provided on an individual basis by the work preparation and Access to Work schemes. There is no charge to employers or individuals. Forum members employing Prospects clients include BT, Boots, B&Q, HSBC, HM Customs and Excise (London Central) and the Foreign and Commonwealth Office. For more information, contact Gill Spence or Andrea Biggs at Prospects on 020 7704 7450. The forum as broker To start the project the Forum brought together a group of member employers who: € met people with Asperger syndrome and discussed possible jobs and the support line managers would require * learned about the difficulties autistic people have finding work € agreed what employers needed to do differently for candidates to get a fair deal in the employment market € agreed to offer job try-outs, given that people with Asperger syndrome tend not to excel at interview. The Forum: € worked with the National Autistic Society (NAS) to encourage top-level employer commitment € promoted the scheme to the DfEE and backed the NAS bid for government funding for job coaches in particular € advised on designing the service and training job coaches € linked the NAS to members at briefings and other Forum events € publicised the scheme through Update and two NAS royal events Forum chief executive Susan Scott-Parker says: "This kind of partnership is the future. It is only when the needs and expectations of both the employer and the disabled person are taken into account that barriers which seemed insurmountable can be overcome." case study: B&Q Alex Heeps, 21, has Asperger syndrome and undertook a 10-week work preparation course at Prospects following referral by the Employment Service. The course included a four-week unpaid placement at B&Q in Wimbledon, south London, supported by a Prospects employment consultant. Disability awareness was provided to staff and support and guidance given to the line manager; the team at B&Q Wimbledon was very supportive of Alex. "It has been a good experience and has raised awareness of disability among staff. Prospects has provided invaluable support for both the individual and B&Q employees," said assistant manager Kerry Currall. The placement was a success and Alex is now a full-time customer adviser at B&Q Wimbledon. Since employing Alex, B&Q has also provided additional work experience placements to other Prospects jobseekers. In the courts The danger of basing disability policies on assumptions The Forum's information and legal services manager, Bela Gor, reviews two recent DDA cases which deal with the danger of applying standard policies or practices to all customers This edition of 'In the Courts' deals with cases that have been brought under Part III of the Disability Discrimination Act 1995 (DDA). This is the part that deals with discrimination against disabled customers by providers of goods, services and facilities. The initial reaction of service providers against whom disabled customers bring cases is often that there was no intention to discriminate. The service provider commonly asserts that the cause for the disabled customer's dissatisfaction is a standard practice or policy that applies to all customers regardless of disability. In other cases service providers suggest that the treatment afforded to the disabled customer was for his or her own good and was not malicious in intent. For the purposes of the DDA, however, the intentions of the service provider are irrelevant. What is relevant is whether, as a matter of fact, a disabled person is being treated less favourably because of his or her disability. Treating all customers alike will not necessarily mean good customer service for all customers and may in fact discriminate against disabled customers. The DDA requires service providers to treat each disabled customer according to his or her needs wherever possible. This is illustrated by the case of David Read v Hustlers Pool Hall. Mr Read had been playing pool in his local area for over 20 years. Because of his disability, however, he uses the butt end of the pool cue to strike the ball rather than the narrower and lighter cue end. He had never been prevented from playing in this manner until July 1999, when during the second round of a doubles cup match he was asked to use the rest on the table. Mr Read explained that he could not hold both a rest and the cue. The defendants then maintained that Mr Read had damaged the cloth on the table playing with the butt end of the cue on an earlier occasion and so were not prepared to let him play in that manner again, especially if he would not use the rest. Mr Read brought a claim under the DDA against the pool hall. During the hearing it was established that there was no evidence that Mr Read had damaged the table, as was being alleged by the pool hall. The judge then went on to consider whether Mr Read had been discriminated against, and in doing so he looked at the employment cases of Goodwin v the Patent Office and Clark v Novacold, both of which considered what the intention of parliament had been when passing the DDA. The judge found that there had been discrimination, although he said that he was satisfied that the defendants had not set out deliberately to discriminate. He said:"In my judgement, it is not enough for the defence to say that anybody trying to play with the butt end of the cue would have been stopped. The fact is that the claimant was playing that way because it is the only way in which he can play. "Therefore the defendant, a provider of services, did discriminate against the claimant, because for a reason which relates to that person's disability he treated him less favourably than he treated or would treat others to whom that reason does not apply. The defendant cannot show that the treatment in question was justified." The judge went on to say: "It is significant that the facilities which were often denied to disabled people were not being denied deliberately, but they were being denied as a matter of fact, and it is that which Parliament sought to rectify." A policy which the service provider believes is necessary for the good of the disabled person or to protect the interests of both the service provider and the disabled person may also be in breach of the DDA if it is based on assumption instead of fact. This was the case in Dexter v Npower. Ms Dexter has a neurological complaint that causes her to shake. She manages all her financial affairs herself. An Npower sales representative who called at Ms Dexter's door persuaded her to change her gas and electricity supplier to Npower. She signed a contract with Npower but subsequently discovered that Npower had asked her neighbour to countersign the contract without either Ms Dexter's knowledge or consent. The contract given to the neighbour contained Ms Dexter's personal banking details. Ms Dexter brought a complaint of disability discrimination in the county court against Npower, which insisted that it was its policy that all disabled and older people's contracts should be countersigned. The county court held that this policy was discriminatory and unlawful and ordered Npower to pay Ms Dexter £pound;850 in compensation for injury to feelings and to pay her legal costs. These cases show the need to treat customers as individuals rather than providing a standard service to fit all or making assumptions about certain types of people as a class. Such cases as these should spur all service providers to look again at their standard policies and procedures and to assess whether they are appropriate or necessary. Indeed, the DDA's insistence on treating each disabled person according to his or her needs may ultimately be seen as improving customer service. Failure to do so may, of course, also result in legal action being brought by a disabled customer under the DDA. Bela Gor can be contacted at the Forum on 020 7403 3020. Legal Update The Forum's twice-yearly legal bulletin focuses on DDA trends and case law development. Sponsored by Slaughter and May, Legal Update gives concise opinions on the progress of the law. Previous issues have covered websites, the Special Educational Needs and Disability Act and US case law. The seventh issue will be published in December. To receive a copy (free to Forum members, £pound;2 to non-members) contact Ben Crowe at the Forum on 020 7403 3020. For information on features in future issues call Bela Gor, the Forum's information and legal policy manager, on the same number. Briefing A proactive approach to back care Back problems can affect employee performance and lead to the loss of valuable staff. A new Forum briefing paper shows how a proactive approach can save injury, time and additional recruitment costs Back problems are the most common reason for people taking time off work due to ill health. According to charity BackCare, back conditions cost the UK £pound;6 billion each year in lost production, benefits and treatment and around 119 million lost working days; on average, each person who has back pain and related conditions takes 13 days off work a year. So it is vital that employers take a positive and proactive approach to managing back problems in the workplace, to minimise back pain-related absences and retain good members of staff. Sponsored by Gold Card member Unum, the Forum's latest briefing paper outlines the business case for taking a proactive approach to back problems in the workplace and offers employers advice and guidance on how to support employees with back conditions. 'A practical guide to employment adjustments for people with back problems' describes some of the adjustments to be considered. Given that some of these back conditions are work-related, the paper takes into account both the adjustments required under the Disability Discrimination Act (DDA) and the risk assessments and ergonomic considerations required under health and safety legislation. Integrated management approaches can then be developed. Although people with back problems may not consider themselves to be disabled, they may well be protected by the DDA definition of disability. This includes impairments that are likely to recur, such as back conditions. One fifth of cases brought under the DDA have been related to back problems. Back conditions can result in frequent or prolonged absence from the workplace (see Fact file). As well as absence from work, the costs to organisations that fail to manage back problems efficiently include: € reduced performance from staff in pain and discomfort € loss of trained and experienced employees € cost of early ill-health retirement € risk of litigation. Anyone can be at risk from developing back problems. People will particularly be at risk when the job involves lifting loads, repetitive movements or vibrations, or when they have poor posture. Poor posture may be the result of, or be aggravated by, a poorly designed and arranged workstation. There is a greater risk of back problems in certain occupations such as care workers, labourers or shop assistants. Other professions where there is a higher than average risk include call centre workers and drivers, where people adopt a static position for many hours of the week. Standardised work stations increase the likelihood of back pain and RSI. Workplace assessments are essential in order to prevent recurrence or further disability. If the solutions are not straightforward or obvious, consider getting advice and assistance from experts such as ergonomists, medical specialists or other occupational health professionals such as physiotherapists, chiropractors or osteopaths. Many of the adjustments employers will need to consider for someone with a back problem will be good practice for every employee and will help reduce the incidence of back problems. Organisations such as AbilityNet can assess workstations and recommend solutions. Further details on assessment are included in the briefing paper. 'Briefing paper 13: A practical guide to employment adjustments for people with back problems' is available from the Forum on 020 7403 3020. Forum members can order up to 80 copies free of charge. Ergonomic assessment Work-related musculoskeletal problems have a considerable financial impact on organisations, costing industry around £pound;11 billion a year. Ergonomic assessments are designed to establish proper working practices and raise awareness of such problems, which in turn can result in reduced sickness absence and greater productivity. Last year Medic Ergonomics assessed over 1,200 people at their workplaces. During the process, which takes about one hour, the assessor will observe the individual carrying out their daily tasks. They will discuss the problems the individual is encountering, in relation to both their disability and the current work-station. The assessor then makes written recommendations for aids, equipment and changes in working practices. These may be as simple as moving the telephone from one side of the desk to the other. Staff training can help to raise awareness of common problems. Medic is working with the London Borough of Camden, a Forum member, to deliver a two-day training session in postural awareness and keyboard technique to 90 staff. Another client, Unum, is planning to develop preventive training following workstation assessment workshops for staff. "Postural awareness is often the key to prevention, and can be achieved through demonstrations and seminars conducted in the workplace using a simple practical methodology," says Medic's ergonomics co-ordinator Kirsty McGarva. More details from Kirsty McGarva on 0131 222 4817. Email: kirsty.mcgarva@medic-international.co.uk Fact file * Fifty per cent of office workers who use a telephone for at least two hours a day, and also use a computer, report suffering from back pain * After six months absence due to back problems, there is only a 50 per cent chance of someone coming back to work * After one year of absence due to back problems, there is only a 5 per cent chance of someone coming back to work * In two out of three cases, back pain clears up within one month (although re-injury is more likely if risk factors are not corrected) Source: BackCare Gold Card Group profile Barclays banks on a new strategy for diversity Disability is high on the agenda of Gold Card member Barclays' new equality and diversity strategy. Liza Ramrayka reports. With 75,000 employees worldwide and five separate business divisions, Barclays might have been daunted by the prospect of becoming a disability-confident organisation. However, building on years of sound experience in disability management, Barclays is now taking major steps to set new standards in this area. With the arrival of Matthew Barrett as chief executive, in recent years equality and diversity have been given renewed recognition as a significant factor in business success at Barclays. As a result, a new programme has been launched, involving a fundamental review of Barclays culture, policies and practices from an equality and diversity perspective, as an employer, a business and a corporate citizen. The treatment of people with disabilities by the organisation forms a cornerstone of the programme, alongside race, gender, sexual orientation and age. An equality and diversity (E&D) survey involving 10,000 staff was undertaken at the end of last year and the results informed Barclays' first E&D strategy, which was launched in July 2001. The strategy, which aims to create a totally inclusive culture, includes considerable work on awareness training, new measures to ensure that recruitment, selection and retention are based on merit, much greater focus on work-life balance, renewed emphasis on tackling inappropriate behaviour and a drive to better meet the needs of a diverse customer base. To underline the importance being placed on this work, Barrett and his executive team have each signed an equality and diversity charter, entitled 'Success through inclusion', which sets out Barclays' vision and commitment to becoming a business leader in E&D management. Progress to date has won plaudits for the group and a nomination this year for an EASE award (ease of access, service and employment) from the Queen Elizabeth Foundation for Disabled People. E&D programme manager Caroline Croft says these developments are due to a group-wide acknow-ledgement of the business case for equality and diversity. "What has changed is a realisation internally that there is an increasingly diverse labour and customer market, and that equality and diversity are not issues just for HR but for the whole organisation," she says. The appointment of champions in each area was key to spreading this message. "Our champions are very senior people within the organisation who are in positions of influence and who can also present the message internally and externally," Croft explains. Disability champion Martin Mosley is Barclays' community and consumer affairs director, so his E&D work complements his remit, which includes disability and social banking. Mosley chairs Barclays' disability task force, which is made up of volunteers from across the organisation. Most members have a disability or personal experience of disabled people. One challenge is raising awareness of disability throughout the workforce. "People often need special training to understand disability and to overcome the taboos and misconceptions that exist," says Croft. An awareness-training programme has already begun, starting with a two-hour session where Barclays' executive committee met task force members and discussed their experiences. "Sometimes they are confronted with a few uncomfortable home truths, but it is important that the people at the very top come face to face with these experiences," Croft says. Senior management from across the group are participating in the training, which will shortly be extended to all UK employees. The task force is also looking at Barclays' current recruitment and retention practices and finding ways of improving them for disabled people. An early result of this review, says Croft, is the group's policy clarification that it will foot the bill for adapting cars for disabled employees who are eligible for a staff car. The group is also investigating the accessibility of all its IT systems, an enormous task for a company this size, but one that is essential if Barclays is to meet its ambitious objectives in this area. Future plans also include a pilot recruitment project specifically to recruit disabled people for Barclays' Sunderland contact centre. As part of a review of training opportunities, Barclays has made particular efforts to ensure that its learning centres are accessible, and also offers mobile facilities so that training can be delivered to visually impaired staff in their own workplace. The group has also introduced specially adapted terminals for visually impaired staff. Paul Appleyard is disability manager on the programme team and has a visual impairment. When he joined Barclays 15 years ago, there was 'next to nothing' in the way of adaptive technology. Today he uses a portable CCTV system linked to his PC monitor, zoom text software and voice recognition technology. "These adjustments are absolute lifesavers and I couldn't do my job without them," he says. The E&D strategy has also been shaped by a customer survey, which highlighted issues such as cash machine access and lack of customer awareness about alternative formats available. An £pound;11m programme of adjustments across its UK branch network has included the introduction of level and ramped access at older sites, power-assisted doors, low-level counters and clearer signs. The bank sponsors the finance section of youreable.com, a new website for consumers with disabilities. Barclays is a founder member of the EFD, and its E&D director, Niccola Swan, works closely with the Forum. The company has a longstanding involvement in the Forum's customer advisory group, helping to influence the drafting of the DDA and code of practice. Head of disability issues Josie Greaves represented Barclays on this work. Current work with the Forum includes Barclays' sponsorship of the latest edition of 'It's your money', the Forum's guide to accessible banking aimed at people with learning difficulties. Barclays is also working in partnership with voluntary organisations to support employment initiatives. These include Together IT works, a £pound;1.4m three-year project with the Royal National Institute for Deaf People to help people with hearing impairments to develop IT skills. The group is also sponsoring the Royal National Institute for the Blind's talk and support service, which offers telephone-based information and advice to newly registered blind and partially sighted people. For further information, contact Caroline Croft on 020 7699 3554. Email: caroline.croft@ barclays.co.uk For further information about Gold Card Group membership contact Ian Hastie on 020 7403 3020. Answers from the helpline The Forum's information helpline is widely recognised as a major resource for employers and service providers. The information team answers many queries from employers and employees about the implications of the DDA with a view to establishing best practice, policies and procedures. In this regular feature we highlight some recurring concerns Q We employed someone on a temporary contract as a packer. On the medical questionnaire he was asked if he had various medical problems, including any upper arm disorders. He did not declare any problems and passed the medical. Shortly afterwards, he complained of problems with his shoulder. His doctor has said that a birthmark on his shoulder has swollen as a result of the repetitive nature of his job and recommended that he avoid repetitive movements. We have given him lighter duties, but they are still repetitive. We have some doubts about the medical advice, and the employee himself feels he can do the job he was employed to do. We are also concerned that he did not mention the birthmark when completing the medical questionnaire. A He may not have mentioned the birthmark because it has never caused him any problems before. Even if the birthmark had caused problems, he still may not regard it as a medical condition or problem and so may have believed that he was completing the medical questionnaire correctly. This highlights the difficulty with medical questionnaires. However, if you remain concerned about the way in which he completed the medical questionnaire, you should discuss this with him and ask him his reasons for completing the form as he did. If you have already obtained a medical report from the employee's own doctor but doubt its accuracy, you should ask him to see an appropriate medical expert of your own. The Forum's briefing paper No 8 'A practical guide to disability management and the medical adviser' gives guidance on how to commission medical advice. The employee may be able to continue with the job, as he wishes, with some reasonable adjustments. Under the DDA you need to consider reasonable adjustments that would enable him to do the job safely. These adjustments may be in the way in which he performs the tasks or allowing him additional breaks or time off for treatment for his shoulder. A Disability Employment Adviser should be able to conduct a workplace assessment. Grants may be available for equipment that might be needed via the Access to Work scheme. Such adjustments may benefit all your employees who carry out repetitive tasks that can lead to upper limb disorders or RSI. If the medical advice is that he cannot do the work he was employed to do, you will need to consider redeployment under the DDA. You should consider suitable alternative vacancies not just in the factory but within the organisation as a whole. When assessing whether or not this alternative work is suitable, you should consider any adjustments that he might need for that work, including providing him with additional training. Q A customer who is blind has complained about literature she has received. She wants the information in grade 2 Braille and currently receives the information in grade 1 Braille. Are we, as a company, in breach of the Disability Discrimination Act? A Grade 1 Braille simply produces a letter-by-letter copy of print. It is not commonly used as it is slow to read, but may be used initially by someone when he or she first becomes blind. However, when learning how to read Braille most readers will quickly move on to grade 2 Braille. Grade 2 Braille uses abbreviations for words and is easier to read fairly quickly. There are 13,000 proficient Braille readers in the UK. Currently, you are probably not in breach of the DDA, as it is not 'impossible' or 'unreasonably difficult' for the customer to access the material. However, the situation is not best practice, as it is frustrating for proficient Braille readers to read grade 1 Braille. If possible, you should survey your customers to find out what format they would prefer. If this is Braille, you should ask whether they would like grade 1 or grade 2. If it is difficult to provide the information in grade 1 Braille, the user may be happy to receive the information in another format, such as on tape, on disk or by email if asked. Q A member of staff has a mental health problem and needs to go to counselling. If he does fewer hours as a result, can we pro rata his pay? A First, talk to him and find out what type of counselling is actually required. He may need off-site counselling face-to-face, or support from a telephone counselling service. The DDA requires employers to make reasonable adjustments for a disabled employee who is placed at a substantial disadvantage by the workplace or working arrangements. It specifically states that allowing an employee to be absent during working hours for "rehabilitation, assessment or treatment" should be considered as a reasonable adjustment. Whether or not it would be reasonable for this to be paid time off will depend on the individual circumstances, eg the amount of time the employee needs, when he takes the time, and the size and resources of the employer. If he needs a lot of time on a weekly basis, it may be more appropriate to discuss altering his contractual working hours so that he works part-time or fewer hours and is paid for the hours worked. This could be temporary, as he may be able to resume working his original hours in future. If the time off needed for the counselling sessions is not that substantial, it would probably be reasonable for you to pay him while he is absent from work. It may, however, be useful to discuss with him if it would be possible to arrange the counselling sessions for mutually convenient times, eg at the beginning or end of the working day to reduce the amount of time he needs to take off. If the employee works shifts, or flexible working hours, it may also be reasonable for him to arrange his counselling sessions for his days off or outside his working hours. For further advice contact the Forum's information helpline on 020 7403 3020. Forum news Sales of Forum's customer guide close to a million Virgin, Odeon and new Gold Card member, the Department for Work and Pensions are among the first Forum members to customise the relaunched version of 'Welcoming disabled customers', sponsored by HSBC. A new edition of the Forum's best-selling title was launched at the Gold Card Group reception in June. The publication has now sold almost a million copies. The 'Disability communication guide', which focuses on etiquette, continues to sell in large numbers, with Orange and Cable and Wireless the most recent organisations to license the content for their intranet sites. Each site is accessible to over 10,000 employees. "Licensing the content of Forum publications over a fixed period has proved an attractive proposition to our members," says Forum publishing manager Ed Mylles. "Most organisations want to add value to the booklets they have already distributed but in some sectors the intranet option works as a stand-alone." For information about ordering or licensing Forum publications contact Sam Hussey or Richard Molyneux on 020 74033020. Explore the latest in IT The latest in a series of IT events organised jointly by the Forum and AbilityNet takes place in London on 30 November. Hosted by Forum member Unilever, the masterclass will explore advances in computer technology for disabled people with the aim of helping organisations to meet the obligations of the Disability Discrimination Act. The masterclass is also designed to help companies to prevent and address RSI-type symptoms and musculo-skeletal conditions within the workforce. The half-day event (lunch is included) is aimed at those responsible for IT systems and website design as well as occupational health practitioners, human resource specialists, disability advisers and those specifically concerned with customer access. For further information contact the Forum on 020 7403 3020. Chance for architects to study implications of DDA Countdown 2004' is the title of the Forum's one-day conference for architects taking place on 15 November This event is specially designed for architects and other related professionals and will be run by David Bonnett, one of the UK's leading architects and access specialists, in conjunction with the Architect's Journal. Around 200 architects and other professionals are expected to attend the event, which will provide delegates with practical information about Part III of the Disability Discrimination Act and, in particular, the forthcoming provisions timetabled for 2004. The day will have a business focus, using practical examples to show architects how their clients' expectations with regard to building access have changed and will continue to do so over the next few years. For further information contact Loraine Adams on 020 7403 3020. Email: loraine.adams@employers-forum.co.uk Wanted: hosts and sponsors The Forum is always looking for members to sponsor or host events. The level of involvement can range from providing a room for our Breakfast Briefings to sponsoring the National Event. There are many different ways of helping us produce high-quality events. If you have any ideas or wish to speak to us about sponsoring or hosting, then please contact the Forum's events department on 020 7403 3020. Breakfast briefings The Forum holds a Breakfast Briefing every month. Each briefing provides an opportunity for employers to: € hear about the aims and work of the Forum and the changing employer approach to disability; € review the latest issues relating to disabled people as employers, customers and stakeholders, including legislation; € network with fellow Forum members. Dates and venues for 2001 and the Associate attending are: 15 November Cadbury Schweppes 10am-12 noon Mike Freeney 13 December KPMG 8.30-10.30am Phil Friend For further information contact Clare Flory on clare.flory@employers-forum.co.uk New members The Forum extends a warm welcome to the following new members who have joined since the last issue of Update was published: Aon Group AWE Birmingham Specialist Community Health NHS Trust Blockbuster Entertainment Bristol City Council Department for Work and Pensions (Gold Card) Gehe UK United Norwest Co-operatives Wolseley Centers Guide for MPs The Forum publications team was delighted to fulfil a request from new disability minister Maria Eagle. As part of a drive to ensure that the DDA and disability are on every MP's agenda, the Department for Work and Pensions ordered 1,400 copies of the Forum's 'MPs guide on disability', sponsored by HSBC and the DRC. Copies of the guide will be distributed to MPs and their personal assistants with a covering letter from the minister stressing the importance of the contents. Noticeboard € Occupational therapist Stephen Barker is calling on Forum members for information about workplace rehabilitation. Barker is interested in hearing from members who have experience or knowledge of occupational therapists preventing illness and injury at work in an employer rather than a healthcare setting. Contact Stephen Barker on 020 7207 6181. Email: sbarkerstephen@aol.com € Employers and individuals looking for the latest information on supported employment could benefit from a new publication from Disability Information Services. The Directory of Supported Employment Opportunities provides details of national organisations involved in providing supported workshops, including details of client group, services and tasks undertaken. Details from DISS on 01306 875156. Website: www.diss.org.uk € Helping employers and consultants learn about workplace technology for blind and partially sighted people is the aim of Techshare 2001, which takes place on 27-28 November. Organised by the Royal National Institute for the Blind, the conference includes sessions on e-learning, mobile communications, IT systems and the law and website design. Further information from RNIB Technology in Learning and Employment on 024 7636 9556. Website: www.techshare.org.uk