Memorandum from NASUWT (DDB 89)
1. NASUWT is pleased to contribute to the
deliberations of the Parliamentary Joint Committee on the Draft
Disability Discrimination Bill. NASUWT represents the interests
of over 223,500 teachers in schools and colleges throughout the
United Kingdom.
2. NASUWT welcomes the draft Disability
Discrimination Bill which should help to provide a basis for tackling
the serious inadequacies in the Disability Discrimination Act.
However, further measures are required to improve the civil and
legal rights of millions of disabled people.
DISABILITY EQUALITY
DUTY FOR
PUBLIC AUTHORITIES
3. NASUWT regards the proposals for the
introduction of a positive duty on the public sector to promote
equality of opportunity for disabled people and eliminate discrimination,
in parallel with the Race Relations (Amendment) Act 2000 a welcome
and positive step. However, the Association strongly recommends
that the Government take the opportunity to extend the proposed
duties within the draft bill to all organisations providing a
public function. In the education field this would include Voluntary
Aided, Foundation, Academies and other Independent schools. NASUWT
recommends that the draft bill makes explicit reference to these
educational institutions in the list of public authorities required
to carry out this specific duty.
4. NASUWT believes that the introduction
of the public duty within the Race Relations (Amendment) Act to
promote good race relations has provided a positive vehicle for
change with respect to tackling racism and intolerance. The Association
is concerned that there is no equivalent duty within the draft
bill to promote good relations between disabled and non-disabled
people and recommends that this duty be added to ensure equal
legal protections against discrimination.
DEFINITION OF
DISABILITY
5. NASUWT welcomes the widened and more
inclusive definition of disability within the draft Bill. The
Association has consistently argued that the current definition,
based on a medical model, excludes a large proportion of people
with specific impairments. However, the exclusion of mental health
conditions within the scope of the definition would exacerbate
the discriminatory treatment of people with mental health problems.
NASUWT strongly recommends that explicit reference to discrimination
against disabled workers with mental health conditions be included
within the draft bill.
SCOPE AND
COVERAGE
6. NASUWT welcomes proposals to include
new groups of workers within the remit of the Disability Discrimination
Act. However, the Association is extremely concerned that governing
bodies are not defined as "Statutory officeholders"
and therefore not covered by the Disability Discrimination Act
nor its Amendment Regulation 2003, due to come into force in October
2004. Governing bodies of educational institutions have been given
greater powers of self-determination and this has been enshrined
in legislation such as the Education Act 2002. The Association
believes that such legislation will undermine the potential for
equality for disabled service users and employees.
7. NASUWT recognises that disabled people
make an important contribution to schools and colleges as staff,
governors and students/pupils. The DDA should be extended to cover
the governance functions of schools and colleges and to ensure
that governing bodies are inclusive in their representation and
operate with full regard to the need to promote equality of opportunity
for disabled people.
JUSTIFICATION
8. The draft bill fails to address the fundamental
difficulties arising from the provisions in respect of justification
of less favourable treatment. There is currently too much scope
within the Disability Discrimination Act for employer flexibility
and subjectivity in relation to the employment of disabled people.
NASUWT asserts that the Government should take the opportunity
within this draft Bill to strengthen the law by providing a clear
objective test wherein employers would have to identify the nature
of the adjustments considered in relation to each disabled person
and which requires employers to demonstrate why certain adjustments
may not be reasonable.
9. The Association believes the concept
of "reasonable adjustment" is unworkable. However, if
this concept 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 these
provisions.
EXAMINING BODIES
10. NASUWT strongly recommends that all
examining bodies and standard setting agencies are explicitly
covered within the scope of the Disability Discrimination Act.
NASUWT regards it as unhelpful and confusing that whilst arrangements
exist for examinations to be covered within the provisions of
the Special Educational Needs and Disability Act 2001, examining
bodies are not included. NASUWT believes that this sends conflicting
messages to disabled pupils and students who may require adjustments
in order to participate in examinations and tests. NASUWT has
received evidence from disabled students who have encountered
difficulties in getting their needs met in initial teacher training
institutions with respect to examinations and skills tests. This
anomaly places disabled students at an unfair disadvantage and
discourages disabled pupils and students from considering teaching
as a viable career option.
DISCRIMINATION AGAINST
DISABLED WORKERS
11. NASUWT believes that 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 barriers
to the employment of disabled workers will have a positive impact
on the creation of a more equal and inclusive society.
12. 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.
13. NASUWT urges the Joint Committee to
ensure the inadequacies of the Disability Discrimination Act with
respect to the employment of disabled people are addressed within
the draft Disability Discrimination Bill. Furthermore, the Association
strongly recommends that the Government act with urgency to implement
in full the recommendations of the Disability Rights Task Force.
February 2004
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