DDB 79 Shaw Trust
Written Evidence
from
Shaw Trust
to the
Joint Committee on the
Draft Disability Discrimination Bill
Shaw Trust's written evidence focuses
on the elements of the draft Disability Discrimination Bill which
have an impact on how employment can be made more accessible to
a larger number of disabled people. This paper therefore focuses
on selected themes of the Joint Committee's enquiry.
Shaw Trust is the largest UK provider
of employment services for disabled people; during the course
of this year we will have provided such services for nearly 25,000
people. Shaw Trust is a not for profit service provider and works
closely with both disabled people seeking work and employers.
As such the organisation is in a good position to observe the
impact of current disability legislation on both parties and to
comment on the proposals contained within this draft bill.
Specific comments on themes within
the Committee's enquiry
1. Whether the draft bill's proposals
are necessary, workable and sufficient
The proposals within the bill are,
in our judgement, necessary. Shaw Trust welcomes the steps which
are to be taken in the enactment of proposed legislation. Enabling
disabled people to move into/return to the labour market is the
cornerstone of social justice and economic integration for this
large minority group within our society. To this end, the proposal
to remove the blanket exclusion of transport services and replace
it with a more flexible framework from December 2006 is very welcome
However, any new act will need to be
supported by close monitoring of its implementation and further
encouragement of people to challenge unlawful discrimination,
wherever and however it occurs. It remains, for example, difficult
to demonstrate and address embedded institutionalised discrimination
at the point of recruitment into employment. There is clearly
an important role to be played by the Disability Rights Commission
in monitoring and challenging the new legislation. There is also
an important role to be played by government in promoting and
encouraging positive practice towards disabled people by employers
and service providers. At the same time, organisations like Shaw
Trust, which provide an important bridge between many disabled
people and the world of work, have a key role to play in breaking
down barriers and developing inclusive workplaces.
5. Whether the draft bill achieves the
right balance between securing the rights of disabled people and
imposing duties and costs on the private and public sectors
Shaw Trust welcomes the focus of this
bill, which seems to move towards a pro-active problem solving
approach, seeking to tackle institutionalised discrimination in
the workplace and to mainstream disability equality within the
core business of the public sector. The value of a duty to promote
in challenging a wide range of employers to think positively about
disabled employees represents a valuable cultural shift. However,
the approach to reasonable adjustment within the employment side
of the draft bill appears to require a very high threshold of
proof and we would prefer that this should be a less challenging
burden for the disabled person to demonstrate.
At a time when certain employment sectors
and whole geographical regions are experiencing skill and labour
shortages, it can surely only benefit employers to draw from the
widest pool when recruiting and retaining staff. The Access to
Work programme has proved to be a great asset in supporting either
one off or ongoing additional costs incurred by some disabled
people when they start work. We see no reason why this programme
should not continue to perform its current role in providing such
support as and when it is required. In the same way, New Deal
for Disabled People and Workstep provide both an introduction
to work and ongoing support as and when this is required. Further
investment in such interventions will support the huge number
of disabled people who are currently economically inactive but
who want to make the move from welfare to work.
At the same time, as more and more
employers find themselves incorporating the requirements of the
"duty to promote" then more equal outcomes will begin
to accrue for disabled people. As more disabled people enter
the labour market and become valued employees, so the promotion
of their needs becomes routine and embedded within those companies.
As an example, 18% of Shaw Trust's workforce is disabled, under
the terms of the current DDA. We believe we are a positive example
of how an organisation can run very effectively with a substantial
number of disabled people within its workforce. If every employer
in the UK sought to match this performance the 1.5 million disabled
people who say they would like to work but are currently economically
inactive would all have jobs.
6. The proposed change to the definition
of disability
Shaw Trust welcomes the proposals to
change the definition of disability to encompass currently excluded
groups. We would also welcome significant information/ communication
around this draft bill which promotes both a greater understanding
of the wide definition of disability and that it is something
that can affect any of us, at any time in our lives.
For further information from Shaw Trust
please contact:
Catherine A'Bear, Communications Director
Shaw House
Epsom Square
White Horse Business Park
Trowbridge
Wilts
BA14 0XJ
Tel: 01225 716350
Email: catherine.abear@shaw-trust.org.uk
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