Memorandum from Shaw Trust (DDB 79)
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.
February 2004
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