EMPLOYER ATTITUDES AND DISCRIMINATION
Evidence of discrimination
2. It is clear that discrimination on the part
of employers contributes to the disadvantage experienced by disabled
people in the labour market. One of the key measures of success
proposed in the Welfare Reform Green Paper was a reduction in
discrimination against disabled people. We believe that there
is still a long way to go before this target is met, particularly
in the field of employment.
Response: The Government
agrees that discrimination against disabled people persists. We
are tackling discrimination in the following ways:
from April 2000 the Disability
Rights Commission will work towards the elimination of discrimination
against disabled people, and will promote equal opportunities
for disabled people
the Government launched
the "See the Person" campaign in June 1999. This will
raise awareness about disability and the requirements of the Disability
Discrimination Act (DDA) amongst employers, service providers
and disabled people. The campaign includes TV and radio advertisements,
posters, articles, seminars and the publication of new booklets
which are being distributed through the DDA Helpline
proposed legislation
on disability discrimination in education and training
will respond to the final
report of the Disability Rights Task Force
We are monitoring the implementation of the DDA.
Further research is now underway on cases brought under the Act.
Also see para 6.
Employers' awareness and experience of disabled
people
3. We recommend that the Employment Service make
efforts to improve its links with employers who do not traditionally
employ disabled people, and to ensure that those who advise and
support disabled people in their search for work have appropriate
experience, training and accreditation to enhance their credibility
with employers. We believe that performance targets for the Employment
Service' services to disabled people should focus not only on
placements but should include measures of employer satisfaction
with the quality of the services received, including services
which help employers retain as well as recruit disabled people.
Response: The Government
agrees that better links with employers is essential to improve
job opportunities for disabled people. The Employment Service's
(ES) priorities for this year include its new marketing strategy
"Marketing Means Business", and a new service commitment
to employers. These will make the service received by employers
from the whole ES more focused on their needs. Encouraging staff
from Jobcentre Services and Disability Services to work together
when marketing services to employers will bring greater coherence
and consistency to the way relationships are built.
Disability Employment Advisers (DEAs) receive generic
training in working with employers. In addition, they have skills
training in business partnerships which focuses on disability
specific client advocacy and consultancy with employers. All DEAs
have job specific standards to achieve, one unit of which is assisting
employers to recruit, retain and develop disabled people. In addition
DEAs must work towards S/NVQ Guidance Level 3.
Training for DEAs is currently under review. We have
already decided to introduce a modular approach. One module will
cover working with employers and promoting disabled people to
them.
Pilot partnership arrangements between Abbey National
and the ES Disability Service aim to improve the Disability Service's
appreciation of employers' needs and expectations.
Future ES surveys of employers will include their
views on the Disability Service. However a separate Disability
Service survey would impose unnecessary burdens on employers.
The business case for employing disabled people,
the role of legislation and persuasion
4. The business case for recruiting and retaining
disabled people is a strong one, and we urge the Government to
give greater emphasis to the business arguments in its campaigning,
and to make greater use of examples of good practice and business-to-business
communication.
Response: In October 1999
we published a new booklet "Employing Disabled People:
a good practice guide for Managers and Employers" Amongst
its useful advice, this guide summarises the business case. It
contains good practice examples from case study research supporting
the business arguments for employing people with disabilities.
It is being distributed through the DDA Helpline, Federation of
Small Businesses, and Institute of Personnel and Development.
Officials are currently discussing the promotion of the Guide
with other employer organisations, as part of the process of developing
the "See the Person" campaign.
The Disability Discrimination Act 1995 (the DDA)
5. We recommend that the requirement to publish,
in their Annual Report, information about their policies regarding
disabled people, be extended to all those companies which are
required to produce an Annual Report, irrespective of their number
of employees.
Response: The Department
of Trade and Industry is leading a review of company law, including
reporting and disclosure requirements. They plan to publish a
consultation document in February 2000. We will ensure the Select
Committee's recommendations are taken into account in this process.
The final report will be published in conjunction with a White
Paper in March 2001, with legislation envisaged in the next Parliament.
6. However, it is clear that there are problems
with the operation of the Act, and the Government recognises this.
Response: The Government
is making progress in the implementation of civil rights for disabled
people by:
building on the Disability
Rights Task Force's (DRTF) first report, and passing The Disability
Rights Commission Act which received Royal Assent in the summer
of 1999. The Commission opens for business in April 2000
implementing the later
Disability Discrimination Act (DDA) Part III rights of access
in two stages. The first stage was implemented in October 1999,
and the final stage is planned for 2004
considering our response
to the DRTF's final Report published in December 1999. Some of
their recommendations reflect concerns expressed by the Select
Committee about the operation of the DDA. including the definition
of disability. In the meantime, we have already announced that
we will tackle one serious omission, the exclusion of education
from disability discrimination legislation. We intend to put proposals
to Parliament to remedy this serious flaw during this session
of Parliament.
Concern was expressed by the Committee that legal
aid is not available to disabled people to take a case to an employment
tribunal. The Committee may already be aware that parties and
witnesses appearing before employment tribunals can claim various
expenses and other allowances to help cover a number of costs
and where appropriate they can also claim:
the cost of a helper
to accompany them to the hearing
the cost of specialist
interpreters
the cost of necessary
medical reports and fees for medical professionals to attend the
hearing.
The Disability Rights Commission
7. We welcome the establishment of the Disability
Rights Commission, which we believe is an essential step towards
ensuring that disabled people are able to exercise their rights
under the DDA.
Response: We appreciate
the Committee's welcome of the setting up of the Disability Rights
Commission (DRC), and that witnesses before the Committee were
also universally in favour.
In response to the comments made by the Institute
of Directors and the Confederation of British Industry, the DRC
operation will be open and transparent and will keep red tape
to a minimum. The DRC will be as much concerned with education
and conciliation as enforcement.
The DRC and the small employer threshold
8. Whatever the practical considerations, it is
difficult to justify, in principle, a situation in which someone's
statutory protection from discrimination is dependent on the number
of people whom their employer employs.
Response: see paragraph
9
9. We support the Government's objective of removing
the small employer threshold for compliance with the DDA. We recommend
that the removal of the threshold should be phased so as to allow
small employers time to understand their new responsibilities,
obtain appropriate advice and take the necessary action in advance
of the deadline.
Response to paragraphs
8 & 9: The most effective way to tackle discrimination is
for legislation to go hand-in-hand with a change in attitude and
awareness. When the threshold was reviewed in 1998, a lack of
knowledge and understanding of the Act and its requirements amongst
small employers was revealed. We have taken the following action:
amended the DDA through
the Disability Rights Commission Act 1999 to ensure that once
the Commission is established, we will consult it about the question
of changes to the threshold, along with employer and disability
organisations
we have improved awareness
of disability issues and the requirements of the DDA amongst smaller
businesses. The DDA Helpline was upgraded early last year to provide
advice as well as information about the Act. The "See the
Person" campaign, started in June last year, is a continuation
of the process. As part of this campaign, the DfEE published an
employers' good practice guide in October, which is being promoted
through employers' organisations such as the Federation for Small
Businesses.
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