APPENDIX 34
Memorandum submitted by the National Association
of Schoolmasters Union of Women Teachers (NASUWT) (EDP 45)
1. NASUWT is pleased to be invited to contribute
to the deliberations of the Work and Pensions Select Committee.
NASUWT represents the interests of over 211,000 teachers in schools
and colleges throughout the United Kingdom.
2. NASUWT believes that the Inquiry raises
a number of important and highly significant issues relating to
the employment of disabled people. The Government has rightly
identified the unacceptable difference between the general employment
rate (81%) and the employment rate of disabled people (48%).
3. The employment of disabled people not
only benefits the individual, but also the society at large. Disabled
workers make an important contribution to the economy. The Association
recognises that removing the barriers to the employment of disabled
workers will have a positive impact on the creation of a more
equal and inclusive society.
DISCRIMINATION AGAINST
DISABLED WORKERS
4. The Association recognises that it is
the practices of employers as opposed to the abilities of disabled
people or their willingness to seek employment which is a key
factor affecting the employment of disabled workers.
5. Discrimination against disabled workers
can occur in a number of ways, and may be intentional, unintentional
or unwitting in its nature. Whatever its form, the effect is the
same. Discrimination in employment operates at the job application
stage, in the promotion and career development process, and when
employers make decisions regarding an individual's fitness to
work or continue in employment.
6. Research and evidence provided by disabled
teachers demonstrates that employer behaviour and judgements regarding
the abilities of disabled workers may reflect:
(a) a general uncertainty regarding the abilities
and needs of the disabled worker;
(b) a general uncertainty regarding the financial
and other provisions available to meet the workplace integration
needs of disabled workers;
(c) a general apprehension or fear regarding
the effect of employing disabled workers on the operation and
effectiveness of the company/organisation;
(d) as assumption that the employment of
disabled workers will not be regarded favourably by non-disabled
employees, customers and service users;
(e) an assumption that the costs associated
with the employment of disabled workers will be high and substantially
detrimental to the company/organisation.
7. The Association has undertaken research
on the employment of disabled teachers in schools and colleges.
This research has identified that the problem of discrimination
against disabled employees is not simply a feature of their access
to employment, but also their retention. Thus, employees who are
disabled or, more often the case, who become disabled during the
course of their employment often face discrimination by their
employer. Such discrimination may lead to:
(b) loss of status and responsibility;
(c) relocation or reallocation responsibilities;
(d) denial of promotional opportunity;
(e) denial of increased pay on grounds of
work-related performance;
(f) greater surveillance of the disabled
worker.
8. The problem of discrimination is particularly
a cause for concern within the context of employment in schools
and colleges. There are few disabled teachers employed in schools
and colleges. Moreover, schools and colleges may appear less willing
to "risk" employing disabled teachers on the grounds
that such employment might impact adversely on the educational
standards achieved by students. Such beliefs are unfounded, but,
nevertheless, have a very real impact on the careers of disabled
teachers.
9. It should also be recognised that action
is also needed to address the quality of information and support
available to disabled students, especially at the point at which
such students make decisions regarding future work or careers.
It is essential that disabled students are encouraged by schools,
colleges and universities to take up employment in the widest
range of industries and occupations, and that no unnecessary restrictions
are imposed. NASUWT believes that targets to increase the proportions
of disabled workers in occupations such as teaching would be helpful
in encouraging a change of attitude amongst employers whilst recognising
and endorsing the potential of disabled students.
Impact of the Disability Discrimination Act 1995
10. NASUWT recognises the importance of
the Disability Discrimination Act as a mechanism for tackling
discrimination in employment and in access to goods and services.
However, the Association does not believe that the Act has fulfilled
its potential, and many disabled workers believe that the Act
lacks sufficient bite.
11. The provisions within Disability Discrimination
Act need to be strengthened in a number of ways. The Association
recommends that the Government must review the operation of the
Act, especially with regard to the following:
(a) The provisions relating to "reasonable
adjustment". The Association does not regard the existing
provisions as adequate. If the concept of "reasonable adjustment"
is to be retained, then there remains a need for a clearer definition
of what constitutes "reasonableness". At present, the
provisions within the Act provide an unhelpful loophole for those
employers who refuse to take seriously the provisions within the
Act.
(b) The establishment of the Disability Rights
Commission (DRC) has been a helpful development, and one which
needs to be built on. The Association remains concerned that the
resources available to the DRC are not sufficient for the purposes
of assisting those individuals who face discrimination, nor in
terms of supporting the work of employers and assuring legislative
compliance. The Association recognises the Government's proposals
regarding the establishment of a single equality commission. However,
any such development must not militate against progress towards
equality for disabled workers.
(c) The penalties that relate to disability
discrimination in employment need to be reviewed and increased
significantly.
(d) The definition of "disability"
within the Act and within Regulations and published guidance must
make explicit reference to discrimination against disabled workers
with mental health conditions.
12. Furthermore, the Association strongly
recommends that the Government act with urgency to implement in
full the recommendations of the Disability Rights Task Force.
Role of the Private Sector
13. It is essential that the provisions
to tackle discrimination in the employment field relate equally
to organisations in the private and public sector. Indeed, the
work of voluntary sector organisations should also be included.
14. The Association believes that extended
deregulation in relation to the provision of services for disabled
people is wholly unnecessary. The private sector is yet to demonstrate
its contribution to achieving equality for disabled workers. It
is essential that, before considering a further extension of the
role of private sector organisations, the Government take steps
to properly regulate the employment and related activities of
business and related organisations.
Meeting the needs of all disabled workers
15. The Association regards as essential
that the provisions to end discrimination against disabled workers
apply equally to all disabled people. Whilst much emphasis has
been given to ensuring that the work of employers focuses on improvements
in physical access to places of work, NASUWT believes that more
action is required to address the needs of diverse disabled populations.
16. With improved use of statistical monitoring
and more rigorous investigation of employer practice, the Association
believes that it should be possible to better identify how the
needs of different groups of disabled workers are being met. This
will also enable more effective assessment of the Government's
policies and employers' practices in relation to disabled people
and their employment.
Incentives to support disabled people into the
workplace
17. The Association believes that a number
of incentives are needed:
(a) Tax breaks for employers to encourage
them to employ more disabled workers. This is particularly important
in relation to changing the practices of small firms;
(b) Improved advice and guidance for employers;
(c) Improved local access to disability consultancy
support for employers, with particular emphasis on employers'
access to the financial mechanisms to support disabled people
in work;
(d) More effective sharing of good employment
practice amongst employers, taking account of sectoral differences
and differences between size of company or organisation;
(e) Effective and accountable provision of
careers education and guidance for disabled students at all stages
in their education;
(f) Improved access to targeted employment
advice for disabled people;
(g) Improved dialogue between Government,
disability rights organisations, employers, trade unions and other
bodies to bring about a necessary culture change within the workplace
and the society at large.
Eamonn O'Kane
General Secretary
15 January 2003
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