the disability equality duty - ucu

The DisabilityEquality Duty

Photographs: Joanne O’Brien

Introduction 4

The Disability Equality Duty 6

Why is this an issue for trade unions? 8

Involvement not consultation 9

I’m not disabled but…the issue of disclosure 14

Impact assessments, enforcement and evaluation 19

Using the Disability Equality Duty to organise, recruit and negotiate 28

Management and unions working together 31

Appendix 33

The project 33

Model letters 36

Some frequently asked questions about the Disability Equality Duty 41

Checklists 43

The social model of disability 46

Example of a letter that was sent out to staff about the Disability Equality Duty 48

Example of a questionnaire that was sent out to staff about the Disability Equality Duty 50

Useful websites and publications 58

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IntroductionIn 2006 UCU and UNISON were successful in obtainingDfES funding via the Centre of Excellence and Leadershipto develop a project to deliver the new duties in theDisability Discrimination Act in colleges. The DisabilityEquality Duty gave the two unions an opportunity to buildand develop their work in the further education sector. Tofind out more about the project please refer to theappendices.

This guidance brings together the advice and goodpractice that has been developed throughout the Disability

Equality Duty project and in the participatingfive pilot colleges. It is written to aid tradeunion representatives to work and negotiatewith college management to implement theDisability Equality Duty and to activelyinvolve disabled people. The guidance waswritten with the aid of previous unionpublications, in particular “Enabling notDisabling” (UCU) and “UNISON Guidance onthe Public Sector Equality Duties”.

UCU and UNISON both support the socialmodel of disability which states that it is theway society organises that creates barriers toinclusion and prevents disabled people fromtaking an equal part in life. This modelunderpins all the work that we do in the areaof disability equality. Throughout thisguidance there is reference to “barriers” andthis refers to the barriers of inclusion in the

context of the social model of disability.

This project would not have been successful without thecommitment and support of various organisations,colleges, activists and staff. We would like to take thisopportunity to thank them. They include the DisabilityRights Commission, the five pilot colleges (Isle of WightCollege, Park Lane College, City College Manchester,Sutton Coldfield College and Kensington & ChelseaCollege) and the staff, union branches and activists ateach of them. We would like to thank activists PennyBeschizza and Verena Beane for all of their hard work andvolunteered time and finally four members of staff who,without their support, this project would not have been

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The Disability Equality Duty

'Knowing that the project has thebacking of high profileorganisations i.e. UNISON/UCU/CELand DfES has given value andstatus to the work which has, inturn raised its profile for all staff inthe organisation whatever theirlevel or role. For people with adisability to feel valued and havethe status they deserve has helpedus to achieve the increase indeclarations. Good news all round.'Pauline Hitt- Isle of Wight College

possible: Denise Bertuchi, Kate Heasman, Seth Atkin andAthol Brown.

It is hoped that this guidance will aid the work that hasbeen occurring on the Disability Equality Duty, takeforward the issues for disabled staff and fundamentallystart to change the workplaces of disabled staff. It shouldalso be noted that all images throughout this guidance areimages of actual disabled staff from further education.

Sian DaviesUCU/UNISON Disability Equality Organiser

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‘Being disabled hasnever stopped me

leading an active role atthe College. I am as

competent as anyoneelse.’

Adele Boan,St Helens College

The Disability Equality Duty(DED)Disabled people have been campaigning for civil libertieslegislation for years. New laws from December 2006placed a duty on public bodies to promote disabilityequality. This will affect all public bodies - from thesmallest school to the largest university.

The legislation introduces general and specific duties topromote disability equality across all of the collegefunctions. This will require colleges to be even moreproactive about how they mainstream disability equality toensure that disability equality is built into everything thatthey do. This means, for example, that the college willneed to take account of disabled people when makingdecisions and developing policy.

The general duty requires that a college should have dueregard to the need to:

l Promote equality of opportunity between disabledpersons and other persons

l Eliminate discrimination that is unlawful under the Act

l Eliminate harassment of disabled persons that isrelated to their disabilities

l Promote positive attitudes towards disabled persons

l Encourage participation by disabled persons in publiclife

l Take steps to take account of disabled persons'disabilities, even where that involves treating disabledpersons more favourably than other persons.

In addition, certain public bodies, including all FurtherEducation Colleges and FE funding bodies, will becovered by specific duties with a key requirement topublish a Disability Equality Scheme (DES) every threeyears.

The new duties are a quantum leap in legislation with anemphasis away from minimum compliance towardsbuilding a positive culture change. The DDA (1995), asamended by SENDA (2001), gave disabled students andprospective students new rights in education and placed aduty on institutions to make reasonable adjustments. Thenew duties require colleges to eliminate institutionaldiscrimination and to develop a proactive approach to

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making a positive change to the lives of disabled people,not just students, by promoting disability equality in all oftheir practices, policies and procedures.

What does a college need to cover in theirfirst Disability Equality Scheme (DES)?Colleges must have published their first DES by 4December 2006 and it should demonstrate how theyintend to fulfil both its general and specific duties bycovering:

l How disabled people have been involved in developingthe scheme

l The methods used for impact assessment

l Details of arrangements for gathering information andhow the college have used that information

l An action plan detailing how the college will fulfil thegeneral duty and implement the scheme.

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‘We need to have aculture in colleges wheredisabled staff have abetter working life.’Graham Burton,South Birmingham College

Why is this an issue for tradeunions?The active involvement of disabled people is at the heartof the Disability Equality Duty and the Disability RightsCommission makes frequent reference in its advice andCode of Practice to the desirability of involving recognisedtrade unions.

The disability equality duty is a opportunity for tradeunions to ensure that the disabled staff they represent aregetting equality in the work place. The duty has thepotential to completely change the way that societyregards disability. The duty embraces the social model ofdisability and means that all society has to have someresponsibility to ensure that disabled people are treatedfairly in the UK. Representation inclusion, equality andcampaigning for change are at the very core of ourmovement and this is what this duty is all about.

The fundamental underlyingprinciple of the duty is thatwhen an institution iscreating a Disability EqualityScheme it must involvedisabled staff. The duty is achance to ensure disabilityequality for all staff and tomake colleges, universitiesand education become fullyaccessible. We have a dutyto ask the questions, to askwhat is happening with theDisability Equality Duty andto ensure that properrepresentation andinvolvement takes place.

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Case Study City College Manchester

The impact on the local trade unionsAt City College Manchester the involvement with theDisability Equality Duty has had a big impact on theunions. The UCU branch at the college now has adisability rep. The UCU disability rep was featured inthe Times Education Supplement and is one of thepositive role models in the UCU/UNISON Campaign.

Both unions now sit on the college’s Equality andDiversity Committee and are able to feed directly intocollege management about issues of disability.

The unions are involved in the impact assessmentprocess as well as disability equality training for staff.

The stewards at the college have also attendedDisability Equality Duty training and have been ableto use this training in their representation work at thecollege.

Involvement not consultationThe specific duties require that disabled people areactively involved in developing the scheme . In the FurtherEducation sector many providers have been struggling toinvolve disabled staff.Colleges need to developimaginative ways to gobeyond current consultationmethods. Questions thecolleges should be askingare:

l Who are the keystakeholders and howare they best involved?

l Will we have to dodifferent things for staffand students?

l What local/communitygroups could theyinvolve?

There can be a wide varietyof ways of involvingdisabled people, including:

l Existing forums, such asdisabled staff networks

l Setting up specialistsforums of disabledpeople (where none existat present)

l Workplace trade unions

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Case StudySutton Coldfield College

Online staff forums At Sutton Coldfield College there has been someinnovative practice around using online forums(Moodle) as a mechanism to involve disabled staff.This initiative was developed because the college isbased over four different sites around Birminghamand the disclosure rate of disabled staff was low.

The online forums are not part of the managementstructure but comments made by participants are fedinto the co-ordinating group by the moderator.

The forums are anonymous so as to protectconfidentiality whilst maximising participation. The administrator for the online forums is also a unionsteward rather than a member of collegemanagement.

Through the online forums more staff wereempowered and encouraged to get further involved inthe college’s Disability Equality Scheme and theywere used as a mechanism to identify the barriersthat existed for disabled staff, to find ways to removethese barriers and to create a culture where disabledstaff felt that they could disclose.

The views expressed in the online forums are fed intothe college’s Equality and Diversity Committee to helpshape development and the college’s action plan.

One of the biggest reasons that increasing theinvolvement of disabled staff is an issue for the sector isbecause it is not actually known who our disabled staffare. The two major reasons for this is the lack of data thatexists around disabled staff and the fact that many staffdo not disclose their disability. The key reason is that stafffeel that they will still be discriminated against. We needto build an FE environment that is an inclusive culturewhere staff can disclose their disability without fear orstigma (the issue of disclosure is covered in greater depthfurther on in this guidance).

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Case studyKensington & Chelsea College

How involvement was initiated – this statement is taken from theKensington and Chelsea Disability Equality Scheme.

l A letter was sent from the Chair ofthe Equality and Diversity Committeeasking all staff if they were interestedin being involved in the developmentof the scheme to contact her. Thiswas also publicised on the staffintranet

l An invitation was sent to nominatedstaff to become members of aworking group. This was to ensure afair balance of managers, HR,support services, a lecturer, arepresentative of the staff working inprisons, representatives from each ofthe recognised trade unions, arepresentative from an externalagency and a student

l Posters were displayed across theCollege asking students and staff tocome forward and join the forumregardless of their background

l A letter was sent to all students whoindicated that they have a disability,health issues or learning difficultiesinviting them to join the forum

l Key partners were contacted andinvited to the forum to ensure that awide range of views could beconsidered. These are ADKC (ActionDisability Kensington and Chelsea),AFBP (Action For Blind People),Equal People (supporting people withlearning difficulties and/or disabilities)and BDA (British Deaf Association)

The views and suggestions that cameforward in the forum were thenconsidered by a working group which ischaired by the College’s Disability andLearning Support Manager.

l Once the initial action plan is in placeit will be revised on a termly basis

l The group will hold regular meetingsto continue monitoring the schemeand its action plan. The action planwill then be used to update thescheme on an annual basis.

The work that has beenachieved through the fivepilot colleges hasdemonstrated that it ispossible to change thisperceived culture around inas little as two months andget disabled staff to activelycome forward and beinvolved in the DisabilityEquality Scheme. In thepilot colleges there hasbeen an increase indisabled staff involvementthe following applied:

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Case StudyKensington & Chelsea College

Involving disabled staff

l Staff were made awareof the Disability EqualityDuty

l Staff were made awarewhy they should beinvolved in the DisabilityEquality Duty

l Staff involvement wasprioritised from seniormanagement within thecollege

l There was trade unioninvolvement

l Disabled staff wereenable to see theoutcomes and impactsof their involvement

l Disabled staff were givenadequate resourcessuch as time off for theirinvolvement.

It was felt that, while the College had sofar provided support to encourage theinclusion of disabled students, less hadbeen done for staff and so the followingspecific points were identified:

l Encourage disclosure of staffdisability – as declaration is so lowstaff could be asked to respond to aquestionnaire which may either bejust for disability or include otherequality data

l Provide positive role models - anarticle by a member of staff with adisability is appearing in the StaffNewsletter in order to encourage otherstaff with disabilities to inform eitherHR, their managers or their union

l Consider the introduction of adisability leave policy – so that staff,who may have to attend for treatmentrelated to their disability, do not haveto have the absence treated assickness absence

l Inform staff of what the College istrying to achieve and publicise thedefinition of disability as staff maynot be aware

l Setting up a focus group for staff todiscuss what barriers there may be todeclaring a disability – treatment fromcolleagues, feelings etc

l Provide support to staff who arereturning to work after a lengthyperiod of sickness absence –rehabilitation, reasonableadjustments etc

l Provide an online questionnaireabout disability issues – develop itfor all staff. People with hiddendisabilities might not want tocomplete

l Promote a positive image of disabilityin written and visual form

l Assess the impact of actions taken.

The statutory requirement in the Disability Equality Duty isan opportunity for reps to negotiate, recruit and organisearound the duty and trade union reps have a crucial role toplay to ensure that the disabled members that theyrepresent are aware of the Disability Equality Duty and areactively involved at a local level.

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Case StudyIsle of Wight College

Staff Disability ForumAt the Isle of Wight College a staff disability forumwas set up and twelve members of staff have beeninvolved in this.

Aims of the forum:

l To provide a forum for all staff with a disability tomeet to discuss issues, offer peer support,forward recommendations to college managementand to contribute to the College’s DisabilityScheme and Action Plan.

Terms of Reference:

l The group is open to all staff who have a disability

l The group will meet on a half termly basis aheadof an Equality and Diversity committee meeting

l Notes will be taken to forward to the Equality andDiversity Committee and from there to collegemanagement

l Attendees will remain anonymous

l Members will respect confidentiality at all times

l The Chair of Equality and Diversity will be presentand the Health & Safety Officer may attend asrequired

l The group may choose to invite external speakersfor additional support and advice if appropriate.

4 Have you informed all staff about theDisability Equality Duty?

4 Have you got different involvementmechanisms in place such as onlineforums, disabled staff groups, selforganised trade union groups andaction groups?

4 Have you ensured that you are actuallyinvolving disabled staff and not justconsulting with them (for example, aquestionnaire to all staff is a method ofconsultation)?

4 Are your involvement mechanismseffective? Are they proportionate,influential and transparent?

4 Have you informed disabled staff whyyou want them to be involved?

4 Have you involved a number of disabledstaff with different impairments?

4 Have you ensured that you haveincluded those with hidden disabilitiessuch as mental health impairments?

4 How have you involved part time staff,staff that work remotely, teaching andsupport staff?

4 Are disabled staff featured in yourDisability Equality Scheme Action Plan?

4 Is there a feedback mechanism todisabled staff so they can see how theirinvolvement has had an impact?

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4 Have you started to inform staff aboutthe work that you have been carryingout and how you have been meetingyour targets that you set out in yourDisability Equality Scheme Action Plan?

4 Have you ensured that your involvementis not tokenistic or a one off process?

4 Have you made sure that you haveadequate resources for involvementsuch as funding staff? Giving staff timeoff to be involved etc?

4 Have you initiated any disability equalitytraining for staff?

4 How are you involving disabled staff inthe impact assessment process?

4 Are disabled staff informed about theimpact assessment process and howthey can be involved?

4 Have you carried out any training fordisabled staff on the impactassessment process?

4 Are disabled staff represented on anyimpact assessment action groups thatyou have formed?

4 Is there a staff trade unionrepresentative on any impactassessment action groups that youhave formed?

Checklist on the involvement of disabled staff. This is a checklist for trade union reps to giveto college management or to form the basisof questions for trade union reps to ask.

I’m not disabled but…the issueof disclosureIn the FE sector just over 2% of staff disclose a disabilitybut the national estimate is that 20% of the generalworkforce in the UK has a disability.

The low rate of disclosure in the FE sector can be seen asa symptom of the culture that many disabled staff still feelexists around disability. The question has to be asked‘why is the disclosure rate for disabled staff still so low inFE?’ and ‘why do staff not want the employers to know

that they have a disability?’If we do not know who thedisabled staff in ourcolleges are, how can weinvolve them in thedisability equality process,gather evidence, assess theimpact that the DisabilityEquality Scheme and ActionPlan is having and ask themwhat are the barriers thatneed to be removed?

It must be stated thoughthat just because a collegehas improved itsmechanisms for disclosureit does not mean that it hasincreased the number of

disabled staff its employs. Disclosure must be seen aspart of the process to obtain disability equality and not asthe outcome. Increasing the disclosure rate in a workplacecan mean that management can start to tackle issuesaround disability discrimination and the concerns that staffhave.

There is no requirement to disclose a disability. Some staffare reluctant to declare their disability status due to fear offuture discrimination, but employers should create aworkplace atmosphere that allows it to be safer fordisabled workers to declare their disability status andtrade union reps should be campaigning for employers tocreate this environment. Trade union reps could negotiateto get a public commitment from the most senior personin the college, backed up with disability equality trainingfor staff to start creating an inclusive culture where stafffeel that they are able to disclose their disability and get

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‘They say information ispower, the more Iunderstand about mydisability and the helpavailable the moreempowered I have feltthat I am not alone.’Vicky Mew,Isle of Wight College

actively involved in the college’s Disability EqualityScheme.

In the project’s training events similar themes were raisedaround the issue of disclosure. These were:

l There was still a stigma around disability

l Staff did not consider themselves as disabled

l Staff did not know what was now considered adisability

l Staff were not educated around disability

l College attitudes were still based around the medicalmodel of disability rather than the social model ofdisability

l Disability was seen as a negative thing

l There were not the mechanisms in place to disclose

l There was still a fear around disclosing to employers(staff felt they would be the first to be made redundant;it would be seen as expensive etc.)

l Staff felt that there was no positive reason to disclose

l Staff felt that if they disclosed they would end up beinga statistic

l Staff felt that their disability had no impact upon theirjob within the collegetherefore their employersdid not need to know

l The language used indisclosure process, forexample rather thanasking what barriersexist in the workplace(which embraces thesocial model ofdisability) staff wereasked ‘do they have adisability?’ and ‘whattype of disability do theyhave?’ (this is stillfocused on the medicalmodel of disability-looking at theimpairment rather thanthe barriers).

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Case StudyPark Lane College

Union questionnaire and newsletter At Park Lane College the union branch is in theprocess of sending its own questionnaire out to itsmembers. The questionnaire is being produced to findout what barriers exist for staff, how the union canrepresent its disabled members and what changesneed to happen in the workplace for disabled staff.

It is hoped that the findings of this questionnaire willform the basis of negotiations with collegemanagement and also encourage more disabledmembers to get involved in both the union branch andthe college’s Disability Equality Scheme.

Case StudyKensington and Chelsea College

Positive role model campaign

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At Kensington and Chelsea College theunions and management workedtogether on a positive image campaign.In the staff newsletter and on postersaround the college there was a photo ofa disabled member of staff with herpersonal account entitled ‘My Journey’next to the photo. At the bottom of thestory was information about thecollege’s Disability Equality Scheme,how staff can get involved andinformation about the work that theunions had been carrying out.

My journey

It was never going to be easy. Adisability is however, just that; adisability. It took me a long time torealise that. Under legislation I amdisabled but the extent to which one isdisabled is dependent on society.

From the onset of my problems (beforediagnosis) the union was aware andhelped me through my journey. To beginwith I thought this was just a smallproblem but as the weeks and monthswent by it was obvious that it was more.It was a hard journey but was madeeasier because I felt supported andcared for and seen as an individual.They have been with me every step ofthe way. Union doors were open to me atany time. They listened to me andhelped me in getting a diagnosis as wellas acting as a sounding board andsupport at work. In the early stages Iwas really scared about the outcomesboth medically and with my employment.

Because problems started in May 2005working in the College meant I had thesummer holiday as normal but returningto work in September it was not longbefore movement became too painful. At this point diagnosis had not yet beenconfirmed by the specialist that I waswaiting to see in the November. In earlyOctober I went off sick unable to movemy right arm at all and didn’t return untilFebruary. The union kept in closecontact. I was away for a considerabletime but coming back to work waseasier than expected partly because ofthe union contact and also the HumanResources Manager contacted mebefore my return. I felt the right peopleknew about my problem and were ableto prepare my colleagues about how mylimitations would affect both me andtheir expectations of me. My nature is tohelp so I would take on extra tasks that Iwas now not in a position to do. Thiswas hard for others (who had previouslyrelied on me) to accept.

My journey was made easier purelybecause of disclosure to both the unionand human resources. My journey is farfrom over but I feel confident that myneeds are being considered.

Case StudyIsle of Wight College

The process of increasing staff disclosure

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When the Isle of Wight started to beinvolved as a pilot college they had avery low disclosure rate and their staffwere very reluctant to declare that theyhad a disability. The Isle of Wightpersonnel database showed 0.5% of staffdisclosed a disability. It was decided touse some very simple, low-tec ways tobuild trust and to make staff feel safe todeclare. The college’s target was toincrease the disclosure rate to 5% in thefirst year. The college actually reachedtheir disclosure rate target in two months.

The way that this was done was throughthe following process:

1. The college raised awareness of theDisability Equality Duty and itsimportance for staff through disabilityequality training, which was taken by adisabled member of staff at Isle of WightCollege, at its continued professionaldevelopment day, through the staffintranet and through the college’sequality and diversity newsletter.

2. A letter was sent from the equality anddiversity manager to all staff outliningwhy the college was asking staff todisclose, informing them about theDisability Equality Duty and educatingthem around legalisative changes aroundthe legal definition of disability.

3. All staff were asked to fill in aquestionnaire about disability and returnit to the equality and diversity manager.This questionnaire included questionsabout the barriers that staff felt existedfor them and ways that the college could

improve the culture when it came todisability.

4. At the end of the questionnaire staffwere given the option to volunteer to beinvolved in the staff disability forum andthe college’s Disability Equality Scheme.

5. Staff were able to make anappointment if they felt it wasappropriate with the equality anddiversity manager to discuss any supportthat they needed.

6. When staff attended the disability staffforum their names were kept anonymousif they so wished.

7. The disability staff forum was used asa mechanism to involve disabled staff, toseek their views and enable them to workwith the college on removing some of thebarriers that existed for disabled staff.

8. The minutes of the disability staffforum were available to all staff and staffwho had not attended before wereencouraged to attend.

9. The equality and diversity managerreported back to staff about the impactthat their involvement was having,changes the college was making andhow barriers were being removed.

Through these 9 steps the disclosure rateat the Isle of Wight College has increasedfrom 0.5% to 4.9% in just two months.This is because the staff have beeneducated about disability, given themechanism to disclose, given a reason todisclose and seen an impact that theirdisclosure has had on their work place.

What can union reps be doing around theissue of disclosure? l Run a positive image campaign

l Send out their own questionnaire to their members tofind out what barriers exist and what issues theirdisabled members have in the college

l Use the findings of the questionnaire as a basis forbargaining and negotiations with college management

l Use the issue of disclosure as a bargaining tool to havedisability equality training for all staff

l Inform members around the workplace what they aredoing and why they need members to disclose and beinvolved

l Run an anti-stigma campaign around disability

l Inform members of their rights under the DDA andwhat funding they can obtain through scheme such asAccess to Work.

Checklist for staff disclosureThis checklist has questions for trade union reps to askthe college and for the union’s work on disclosure.

4 Have staff been educated about disability and what isconsidered a disability?

4 Have staff been informed why the college are askingstaff to disclose?

4 Are staff been given different opportunities to disclose?

4 Is the appropriate language being used in anyquestionnaires etc.?

4 Are any questionnaires that are being producedcentred on the social model of disability rather than themedicinal model (e.g. what barriers exist in the collegefor disabled staff?

4 Have the trade unions being involved and consultedabout disclosure?

4 Are staff seeing a positive impact after disclosing?

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Impact assessments, reviewingand enforcement Impact assessmentAs part of the Disability Equality Duty every institution hasto state its impact assessment methods in its DisabilityEquality Scheme. Institutions must also set out theirmethod of assessing the impact of policies and practiceon disabled people. It is good practice for institutions toinvolve trade unions and disabled people in the impactassessment process.

The impact assessment process also provides tradeunions with a real opportunity to ensure that institutionsare paying due regard to disability equality in relation toeverything the institution does including all policies andprocedures. For example if an institution makes a policydecision to cut funding they must have done an impactassessment from a disability equality angle.

Impact assessments play a key role in implementing thedisability equality duty. They are a basic procedure and alegal requirement for authorities covered by specific duties .

They aim to: l Ensure no groups are disadvantaged on equality

grounds by an authority's decisions and activities l Identify where public authorities can promote equality

of opportunity.

Where a negative impact or a missed opportunity topromote equal opportunities is identified, the specificduties say the public authority must have ‘due regard’ tothe need to modify the policy or practice.

Impact assessments do not have to be an onerousprocess, and will depend on the size of the authority. But they all need good information; consultation with staff,service users and trade unions; and having staff inrelevant posts with the skills to be able to analyse theimplications for equality.

The specific duties require the assessment of existingpolicies and practices as well as new ones. This mightinvolve more work, so authorities should set a timetable to impact assess their main activities over the first threeyears of the scheme. For new policies and practices,impact assessments are best carried out early in thedecision-making process.

Not all policies and practices will be equally relevant to a

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‘I am a teacher, not 'inspite of having MS', nor'because of it'. I am ateacher because that iswhat I have alwaysenjoyed doing.’Stephanie Lee-Dwyer, City &Islington College

particular duty. But where they are the authority shouldmake sure it has given it ‘due regard’.

The scary world of impact assessmentsImpact assessments are seen as one of the most crucialbut difficult aspects of the Disability Equality Duty but itmust be remembered that impact assessments are not:

l rocket science

l exact science

l frightening

l detached from mainstream everyday decision-making

l An afterthought

l something which should take months

l just a checklist or templates

l Something that stands alone. The whole purpose of theimpact assessment process is to achieveimprovements and to change practices and culturewithin the college.

For the impact assessment process to be truly working inyour college it should be:

l Be embedded in all decision-making and policydevelopment at all levels

l A way of thinking, people should automatically think if Ido this, if this policy is written or if we make thisdecision how will it impact upon disabled people. Thiswill mean that the impact assessment process willbecome part of everyone’s day job

l Making changes within your college and workingtowards disability equality.

Preliminary and full assessmentsA preliminary ‘screening’ is useful to decide if a full impactassessment is needed. This should look at the aims of thepolicy or practice (this should be straightforward) andexisting evidence. Even if there is little data, action maystill be required. The screening should consider if:

a) The policy is a major one in terms of scale orsignificance for the authority’s activities; or

b) Although the policy has a minor impact, it is likely tohave a major impact upon equalities. A policy which hasan extremely negative impact on a small number of people

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is more important than onewith a minor impact onmore people.

If the policy fits into eithera) or b), the authority shouldconduct a full impactassessment which willinvolve the college:

l Considering availabledata and research;consulting on the policy;assessing its impact

l Considering measureswhich might mitigate anyadverse impact, andalternative policies

l Arriving at a decision

l Publishing the results ofthe impact assessment

l Arranging for futuremonitoring.

Further research orconsultation may benecessary, especially if it islikely to lead to a differentconclusion.

The authority should look the different needs, experiences,concerns or priorities of different groups, and involvepeople from marginalised groups in conducting theassessment. Unintended consequences of a policy shouldalso be considered.

What to assessl All major policies should be considered

l All minor policies which could have a significant impacton disabled people should be considered

l Don’t forget day-to-day decisions, some way ofidentifying impact and improvements is helpful.

For each policy or practice, the following informationneeds to be gathered

l What is the purpose of the policy/practice?

l What are the objectives?

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We all have barriers that we have to overcome. Inshort, nobody has any room to be prejudicialtowards any other colleague as we all have abilitiesand we are all unable to do something. When youthink of me, think of my abilities and never myinabilities!’ George Day, City College Birmingham

Stages of the Impact Assessment Process

Step One Map all policies and practices

Step Two Screen policies and practices to determine priority

Step Three Consider the evidence

Step Four Assess the impact

Step Five Explore options and make decisions

Step Six Identify monitoring processes

Step Seven Publish the results of the impact assessment process

l Who was responsiblefor creating thepolicy/practice?

l Who is responsible forimplementing it?

l Who are the peopleaffected by thepolicy/practice?

l Is there any evidencethat disabled people havedifferent needs in relationto the policy/practice?Think about barrierswhich may exist forpeople with differenttypes of impairment.

l Does thispolicy/practice contributeto or hinder disabilityequality in the college?

The college needs to set out a timetable for assessing theimpact of its policies, procedures and practices over theperiod covered by the Disability Equality Scheme.Priorities for action should be established with theinvolvement of disabled people and published within theDES. The information published from impact assessmentsmust be made available in an accessible format.

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Case studyCity College Manchester

At City College Manchester the two unions have beenworking closely with management on the impactassessment process. Both UCU and UNISON arerepresented on the equality and diversity committee.Through the work that the unions have been doing animpact assessment sub group has been set up withunion representatives, HR and student services sittingon the group as well as a member of the seniormanagement team.

The group looked at devising a strategy for thecollege on impact assessments including training staffon the impact assessment process and how to involvedisabled staff and students in the process.

Pro-forma for Impact Assessment This pro-forma was developed through the work of this project and the race relations project.

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Name of policy/function being assessed: Name of manager/group carrying out the assessment:

Has the initial screening form been completed? Is this a new or existing nn Yes nn No policy/function?

nn Yes nn No

1. In what areas are there concerns that nn Gender nn Racethe policy/function could have a impact nn Disability nn Sexuality (please tick box) nn Age nn Religion/belief

2. What sort of concerns is there that the policy/function could have a differential impact on other groups? Please give details.(continue overleaf if necessary)

3. What evidence do you have for this?

4. What are the risks associated with the policy in relation to the differential impact?

5. What are the expected benefits of the policy?

6. Who has been approached to explore these issues e.g. staff groups, trade unions, student groups, voluntary groups etc.(Please give dates and details of contact)

7. How have you gained the views of these experts/groups (e.g. letter, meetings, interviews, forums, workshops, questionnaires or any other method)?

8. Please give details of the views of the experts/groups on the issues involved.

9. Taking into account these views and the availableevidence please outline the risks associated with the policy/ function weighed against the benefits.

10. What changes/modifications will now be made to the policy/ function in the light of this Impact Assessment?

11. How will these changes/modifications be communicated to interested parties (i.e. the groups which were adversely affected) and those consulted?

Signed(completing officer) Date of completion of ImpactAssessment:

Job title

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Case StudySutton Coldfield College

Impact Assessment Action GroupsAt Sutton Coldfield College impact assessment action groups have been set uparound each of the equality strands. These impact assessment groups have staffand students represented on them as well as trade union representatives. Eachgroup is involved in the action plan as well as being involved in the impactassessment process. Each action group feeds in observations, remarks andevidence that have been gathered from the online forums. Each of the actiongroups is chaired by either a student or a member of staff.

Equality and Diversity Strategy Groups

Equality and Diversity Action Groups

Equality and DiversityCo-ordinating Group

Governors

Senior Management Group

Age Disability GenderReligion

and beliefSexual

Orientation

Race andEthnicOrigin

Checklist for trade union reps on impactassessments 4 How are the college going to carry out impact

assessments?4 Is there an impact assessment action

group/ steering group in college?4 Is there trade union representation on

the impact assessment action group?4 How have disabled staff/ trade union

members been involved in the mappingand prioritisation of what policies toimpact assess?

4 How have disabled staff and membersbeen included in the impact assessmentprocess?

4 If any decision has been made thataffects members has an impactassessment been carried out?

4 Does the impact assessment havesufficient evidence?

4 What methods has the college used to gatherevidence?

4 Has the college followed a process in carrying out itsimpact assessment?

Reviewing the Disability Equality SchemeThe Disability Equality Schemes must be reviewed everythree years. The review should include an assessment ofprogress to date. It should try to continuously improveefforts to meet the duties, considering if the previousscheme objectives and the method of impact assessmentare effective and appropriate.

Evidence should include information that has beengathered; the results of impact assessments and anyfeedback from stakeholders on the effectiveness of thepreceding scheme.

Groups of people who benefit by the new duties, tradeunions and others should be included in this review.

How can trade union reps ensure that areview of the scheme is happening? Trade union reps can play a vital role in reviewing acollege’s Disability Equality Scheme. This can be donethrough the following ways:

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‘I've always felt 'normal'and expect to be treatedwith respect in the sameway as anyone else. I'mnot incapable I justhappen to have adisability.’Verena Beane, Kensingtonand Chelsea College

l Read the college’s Action Plan and then ask thecollege if set targets and dates have been met

l Ask to see updates on the Action Plan

l If the college’s Action Plan does not include particularreference to disabled staff ask why and how thecollege management is going to rectify the situation

l Ask how the college is going to publish the actions andwork it has been carrying out to staff

l Ask when the annual review of the work carried out bypublished by the college

l Raise the Disability Equality Scheme at union meetingswith management

l Liaise with management about the role that the unionscan play

l Inform members about the college’s Action Plan andthe work that should be carried out

l Get members or the branch to write letters/ emails tocollege management if it is felt that the appropriateactions have not been included or carried out.

l Liaise with the staff elected governor on the board ofcorporation to bring up the issue of the DisabilityEquality Scheme at a corporation level.

Enforcement The regulations put a strong emphasis on encouragingand helping public authorities comply with the duties. TheDRC have issued both statutory codes of practice (whichmust be complied with) and non-statutory codes thatexplain and encourage good practice. The Commission forHuman Rights and Equality (CEHR) takes over resposibilityin October 2007.

However, if a public authority (including a private orvoluntary organisation exercising public functions) doesnot comply with a general duty then a person or a groupof people with an interest in the matter, or one of theequality commissions can ask the High Court for judicialreview.

If a public authority does not comply with a specific dutythen the equality commission can serve a compliancenotice and subsequently apply to the county court orsheriff court (in Scotland) for an order requiring theauthority to comply with the duty. If the court makes anorder then the authority may be in contempt of court if itdoes not obey it.

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Trade unions have a crucial role to play in enforcing theDisability Equality Duty. The DED is intended to bedynamic. The action plan should be reviewed on a regularbasis and if this has not been happening you canempower your disabled members to demand to see actionand to get your college to implement the duty, DisabilityEquality Scheme and Action Plan. At the end of thisguidance are model letters that can be used to enforce theduty and ensure that it stays a high priority within yourcollege.

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‘Although I have Cerebral Palsy and use a wheelchair, this has not stopped mefrom doing what I have wanted to do and achieve. Although your impairmentmay mean that it may take longer to achieve your goals and objectives, thesense of achievement is immense when you do achieve your goals. DisabledPeople can do play a very active part in the life of the local and nationalcommunity.’Paul Mittler, Community Governor, Mancat College

Using the Disability EqualityDuty to organise, recruit andnegotiateSome activists have kept away from equality issues in thepast, because the issues seemed difficult or unimportant.But the new duty requires big changes from employersand branches must be involved. It is an opportunity forlead branch officers, branch equality officers, activists andmembers to work together to strengthen branchorganisation. Employers also have to be held to accountto show they are delivering equality for our members.

Activists can use thedisability equality duty forthe following action:

Stopping privatisation – Ifyour employer is proposingto contract-out a service,use the new duties to makesure there has been anequality impactassessment. The chancesare that the contractor willhave lower equalitystandards for staff andservice delivery and youcan use this to argue forthe service to be kept in-house.

Getting consulted – If your employer is proposingchanges to working patterns, make sure they havecomplied with their legal equality duties by consulting withstaff and unions first. If the changes have a detrimentalimpact on some staff, argue for changes on equalitygrounds.

Organising The Disability Equality Duty is an ideal opportunity torecruit and organise new members. Use an organisingapproach to involve a whole new group of members in themainstream of the branch. The Disability Equality Dutystates that disabled people must be involved (more thanjust being consulted) and involving trade unions and theirnetworks will provide information and advice to “helpensure that all relevant issues are addressed.”

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‘I have a dream that inthe near future, we willall be part of the societyand not to be treateddifferently, or toodifferently. In some ways,for me, it had startedwhere staff are friendly,co-operative and open-minded.’ Reg Cobb, Kensington andChelsea College

The duty says that employers must involve disabledpeople. The branch should encourage members toparticipate and use the union to express their collectiveview.

Stewards are at the front line in using the duty as anopportunity to recruit, gain new activists and promote theunion as leading the fight for equality. They need to givemembers a helping hand to become involved, andencourage them to think how the duty might improve theirworking lives and service delivery.

The equality duty also means an increase in the role ofmany branch equality officers. They need to make surebranches take up the duty as a bargaining and organisingissue, and should encourage members to go on equalitytraining courses. They should help set up self organisedgroups and be key advisors in negotiations. The duty canbe used as a bargaining tool to make employers givefacility time to branch equality officers.

Self-organised groups As colleges have to involve staff, this is an ideal time tolaunch branch self organised groups. They should begiven paid time off to meet and discuss disability equalityplans and review the progress of the employer inpromoting disability equality. Self-organised groups shouldalso help the branch to publicise the duty, and campaignand organise around disability equality to recruit newmembers. The experiences and understanding of self-organised groups is a key resource for negotiations goodagreements.

Negotiating There are a number of key areas for collective bargaining.Branches should be specifically involved in:

l Drawing up Disability Equality Scheme

l Determining the criteria for Disability Equality ImpactAssessments

l Jointly assessing existing policies and functions

l Jointly assess new policies and functions

l Receiving equality monitoring information on an annualbasis

l Jointly reviewing the outcomes of the DisabilityEquality Scheme

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Private contractors are only covered by a general equalityduty (and not by the specific duties) and so they mayprovide poorer quality services. This should be used aspart of the argument against privatisation and contracting-out of services.

What should the branch/local association bedoing now?The DES is intended to be dynamic. The action planshould be reviewed on a regular basis. If you have notbeen involved already, ask for trade union involvement inthe review process. Demand that disability equalitytraining is provided to allow your members to meet theirnew duties to students and prospective students. Ask fordisability equality impact assessments on any newpolicies or practices. Look out for future training/briefingevents on the DED provided by the unions.

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Case StudyPark Lane College

Using the Disability Equality Duty as an organising andnegotiating tool The union branch at branch Park Lane College as been using theDisability Equality Duty as a new method to organise and recruit.

Work that has been carried out includes:-

l Negotiating with college management around the DisabilityEquality Duty and the impact assessments

l Getting trade union representative on impact assessments steeringgroups

l Negotiating with college management about the involvement ofstaff in the Disability Equality Scheme

l Organising Disability Equality Duty training at the college

l Devising a questionnaire sent out to all members about disabilityequality

l Informing the members of the work that has been carried out ondisability equality

l Getting a member to become the equality officer for the branch.

Management and unionsworking togetherThe project has identified that where there is real effectivechange for disabled staff is where both collegemanagement and the trade unions are working inpartnership to embed disability equality.

Benefits of engagement and ownership l Both employer and trade unions have a shared

commitment to continuous improvement for staff at alllevels in the workplace

l The Further Education sector has a pivotal role both asan employer and aneducator and shouldpromote good practice inall areas of staffmanagement, includingequality and diversity,staff development and acommitment to securityof employment. Anyemployer that gets itsequalities right isgenerally a goodemployer and this isreflected in the quality ofservice delivery.

BenefitsEffective partnershipworking has the potential toproduce some importantbenefits for all parties.

These include:

l Delivering improvedservices improvedmutual understanding

l Can build capacity andsustainability ensuringhigh standards ofemployment practices

l Provides a transparentand streamlined structurefor trade union, employerand staff engagement.

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Case StudyKensington and Chelsea College

Trade unions and management workingtogetherAt Kensington and Chelsea College there has been avery positive relationship between the trade unionsand management which has embedded disabilityequality and a change in culture for staff. Thiscommitment and working relationship is demonstratedby the opening paragraph of the college’s DisabilityEquality Scheme.

“This Disability Equality Scheme is an exemplar ofconstructive collaboration between management andunions. It has involved staff from all sections of theCollege, students, a local voluntary organisation forpeople with disabilities and includes the views of non-users of College services. It reflects the positiveimpact of the existing College commitment to providean inclusive working and learning environment and ourambition to continuously improve services to allmembers of the College community.”

The trade unions are represented on the equality anddiversity committee and on the disability action group.Training for senior management about the college’sDisability Equality Scheme was facilitated by bothmanagement and the unions.

How to get started on working with youremployer on the Disability Equality Schemel Ask them if they have liaised with the staff about the

DES including the trade union representatives.

l Ask the governing body to assign a lead/link governoron the DES.

l Check out whether the college is planning onorganising training events and also check ifUNISON/UCU/TUC are running any events. Attend thistraining with your employer.

l Set up a working group or disabled users group – thisneed not be large but we would recommend that itmade be of all the representative members of staff i.e.both teaching and support staff on which relevantstakeholders such as the recognised staff unions andthe governing body will have a seat.

l The working group to monitor the DES. It isrecommended that the DES is an active policy and thatthe college take steps to begin implementing theactions set out in the Disability Equality Scheme with aview to having implemented by the end of the threeyear period.

l Highlight the positive role the trade unions can play inworking with the college; they will have access toadvice, training and links to the local community.

l Look at sharing good practice and experiences.

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Appendix

The projectIn 2006 the University College Union (UCU) and UNISONwere successful in obtaining DfES funding via Centre ofExcellence in Leadership to develop a project to deliverthe new duties in the Disability Discrimination Act (DDA) incolleges. Disability discrimination was still a relatively newlegal concept and the aim of the project was to work inpartnership with the colleges to deliver the positive dutyunder the DDA.

The project has deliveredfor colleges and for thesector in providing training,support, guidance and casestudies. The project hasbeen focused on practicalsolutions and the practicalaspects of the disabilityequality duty. It hasencouraged providers to setup disability action groupsand disabled staff groups. It has encouraged providersto work in partnership with trade unions in colleges todeliver the positive duty on DDA. The involvement of thetrade unions in this initiative has started to gain the trustof the employees and the project has started to achievetangible positive outcomes.

In the pilot colleges a substantial amount of work hadbeen done on the involvement of disabled staff in thedisability equality scheme process and there are examplesof innovative practice. In some cases the involvement ofdisabled people was highly influential and took a centraldevelopment role.

Ten training events have been held around the country towhich trade union members, stewards, union contacts,college managers, vice principals and other staff attended.The aim of the first six events held between July andOctober was to set out the general principles of thelegislation and identify how members can engage andwork with colleges in putting the policy into practice.Further events centred on how members can build on theirinvolvement with the schemes and ensure that they areinvolved in impact assessments and to ensuring that thecollege action plans are carried out.

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‘What I have learned from the course will help me agreat deal in designing and completing the DisabilityEquality Scheme for my College. Furthermore, havingyou and your project in place will give me addedconfidence for moving disability related issuesforward in the College because I know there'll behelp at hand if I need to.’ Participant on the DED training course

The project not only met but surpassed the goals set for it.For example one of the project aims was to train 100members of staff on the disability equality duty but in factaround 600 have been trained over the last ten months.

Key achievements over the last yearl Over 50% of HR managers in sixth form colleges have

had training on the disability equality duty and how thegood practice around this duty can be transferred toboth the gender duty and the race relationsamendment act.

l There have been over 600participants who have receiveddisability equality duty trainingthrough the disability equalityduty project.

l Media coverage around thedisability equality duty and theinvolvement of disabled staff.

l UCU/UNISON have entered aconsortium with other keystakeholders in the FE sector(NUS,LSN, CEL, NIACE andSKILL) to tender for the LSCsupport programme on thedisability equality duty that isrunning from November 20th2006 until the end July 2007.

The consortium won the bid andnow we are delivering a support programme to thesector on how to implement the duty. The unions areleading on two sections of the support programme;employment duties and a regional involvementframework.

l There is a raised awareness within the FE sector withregards to the employment side of the disabilityequality duty.

l Support networks have been established from thetraining sessions.

l Established links with five pilot colleges. Intense workand guidance was given to these colleges.

l Good practice including guidance, case studies, toolkits and training materials have been developed.

l We have developed a good working relationship withthe Disability Rights Commission (DRC). The project

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‘I have learnt how much work there is to bedone, how little colleges know but morecrucially how this can help a lot of staff andthe need to get cracking now... Hadn'trealised before the training how much theDRC was behind the DED and that they wouldbe the body to take out compliance orders. I think it is a very useful piece of legislationwhich has taken a long time to get there - weneed to see that colleges as educators docomply and with best practice by giving themall the positive support we can as a union.’Participant on the DED training course

organiser sits on the post 16 DRC consultation groupand has fed into the post 16 guidance from a unionperspective. The project organiser also sits on the DRCCampaigns Strategy Group and the project hascontributed to the DRC’s fitness to practiceinvestigation.

l Through regular contact and catch up meetings theproject has been able to influence guidance andsuggest ways to ensure trade union involvement indisability equality duty activity.

l The project organiser sits as a member of theCommission for Disabled Staff in the Lifelong LearningSector.

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Model lettersThese are model letters that trade union reps can use tonegotiate and campaign around the disability equalityduty. These letters are based on the letters produced bythe Disability Rights Commission in their The DisabilityEquality Duty Disabled People’s Toolkit—to find out morego to www.drc-gb.org

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Letter oneLetter requesting to see a college’s Disability Equality SchemeSend to:Chair of GovernorsPrincipalSMT

You will know best whether to send it to the board, copying in the Principal or vice versa.

Dear

As you are no doubt aware, the college has a specific set of duties under the 2005Disability Discrimination Act to write and publish disability equality schemes setting outwhat you will do to promote disability equality. Furthermore:

l Colleges must collect and analyse data on disabled staff and students

l Colleges will be obliged to reflect on the outcomes of monitoring

l Colleges will have a duty to monitor the effectiveness of the scheme

l Colleges will be obliged to carry out a disability impact assessment: this means thatthey will have a duty to look at the effectiveness of current and proposed policies anddisability equality schemes and assess their likely effectiveness in terms of creatingequality between disabled and non-disabled staff, and disabled and non-disabledstudents.

As you know the college has a duty to actively involve disabled people and the Code ofPractice recommends involving staff unions in the implementation of the Act.

I would therefore be grateful if you would supply me with a copy of the college DisabilityEquality Scheme and monitoring information. I would also be grateful if you could let meknow how you are intending to involve disabled people within the college.

If you could provide me with this information by............................I would be most grateful.

Regards

Letter twoLack of involvement of disabled staff

Dear (insert name of Chief Executive, Principal, Chair of Governors etc) (Insert name of college’s) Disability Equality Scheme and involvement of disabled people

Section 49A (1) of the Disability Discrimination Act 2005 requires public authorities, whencarrying out their functions, to have due regard to the need to: promote equality ofopportunity for disabled people, eliminate unlawful discrimination, eliminate disabilityrelated harassment, promote positive attitudes towards disabled people, encourageparticipation of disabled people in public life and take into account disabled people’sdisabilities, even where that involves treating disabled people more favourably.

The Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005/Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) Regulations2005 [delete as appropriate] also require certain listed public authorities to produce aDisability Equality Scheme, involve disabled people in the development of that Scheme,and, included in the Scheme, to produce an Action Plan detailing the steps that theauthority plans to take during the lifetime of the Scheme.

As a disabled employee/branch secretary of the institutions Trade Union/UNISONEqualities Officer/UCU Equalities Officer/UNISON Disabled members officer/UCUDisabled Members Officer [delete as appropriate] of [insert name of college] I aminterested in your disability equality work, and have read a copy of your DisabilityEquality Scheme. Unfortunately I cannot see how disabled staff and the recognised stafftrade unions have been involved in the development of the Scheme, and how thatinvolvement has influenced the actions in your Action Plan.

Please can you send me more details on how disabled staff and the recognised stafftrade unions were involved in the development of your Scheme? I would like moreinformation on: the groups of disabled people you involved, as well as individuals

l how you involved disabled staff

l any involvement you had with the recognised staff trade unions

l what mechanisms (e.g. meetings) and methods (e.g. online forums) have you used

l and how you used the involvement of disabled people to influence your Action Plan.

Please can you send me this information [state if you need information in an accessibleformat] within 14 days. I will contact you again if I have not received more informationfrom you in this time.

Yours faithfully

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Letter threeDisabled staff have been involved but are unable to see that theirinvolvement has had an impact on the Disability Equality Scheme andaction plan.

Dear (insert name of Chief Executive, Principal, Chair of Governors etc)

(Insert name of college’s) Disability Equality Scheme and involvement of disabled people

Section 49A (1) of the Disability Discrimination Act 2005 requires public authorities, whencarrying out their functions, to have due regard to the need to:

l promote equality of opportunity for disabled people

l eliminate unlawful discrimination

l eliminate disability related harassment

l promote positive attitudes towards disabled people

l encourage participation of disabled people in public life

l take into account disabled people’s disabilities, even where that involves treatingdisabled people more favourably.


As a disabled employee / branch secretary of the institutions Trade Union/ UNISONEqualities Officer/UCU Equalities Officer/UNISON Disabled members officer/UCUDisabled Members Officer (delete as appropriate) of (insert name of public authority) Iwas involved in the development of your Scheme but cannot see what impact this hashad on the Scheme’s Action Plan. (Insert information of how and when you were involvedand what suggestions you made, e.g. I was involved via a staff forum in October, and Imade suggestions around sickness policies and staff development). Please can you tellme whether this information was taken on board, and whether there is a correspondingaction in your Action Plan. If my suggestions weren’t taken on board please can you tellme why this was.

Please can you send me this information (state if you need information in an accessibleformat) within 14 days. I will contact you again if I have not received more informationfrom you in this time.

Yours faithfully

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Letter fourA letter about the fact that a college has not given ‘due regard’ in itsdecision making (such as shutting a campus, redundancies etc.)

Dear (insert name of Chief Executive, Principal, Chair of Governors etc)

Due regard to disability equality








The Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005/Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) Regulations2005 [delete as appropriate] also require certain listed public authorities to produce aDisability Equality Scheme, involve disabled people in the development of that Scheme,and, included in the Scheme, to produce an Action Plan detailing the steps that theauthority plans to take during the lifetime of the Scheme. Public authorities must also setout their method of assessing the impact of policies and practice on disabled people.

I am concerned that [insert name of public authority] hasn’t given due regard to [insertelement of the general duty e.g. eliminating disability related harassment, promotingpositive attitudes] in one of its functions. [Insert details of policy, practice, or initiativewhere you feel due regard hasn’t been given e.g. redundancies, closing of courses,closing down a college campus, merging with another college, reducing teaching time].The general Disability Equality Duty requires you to consider disability equality in relationto everything you do and impact assessment – which you should have set out yourarrangements for conducting in your Disability Equality Scheme - is the means by whichyou can ascertain how effectively to comply with the duty. Please can you indicate howyou have had due regard to the need to promote disability equality in all its elements inyour decision to [insert details] and in particular can you send me a copy of the disabilityequality impact assessment you conducted before taking this decision/amending thispolicy/continuing with this practice [delete as appropriate]. If you have not conductedsuch an assessment, please indicate why not.

Please forward this information to me within 14 days. I will contact you again if I havenot received more information from you in this time.

Yours faithfully

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Letter fiveIf you think your college’s Action Plan does not include the rightactions.

Dear [insert name of Chief Executive, Principal, Chair of Governors etc]









As a disabled employee / branch secretary of the institutions Trade Union/ UNISONEqualities Officer/UCU Equalities Officer/ UNISON Disabled members officer/UCUDisabled Members Officer [delete as appropriate] of [insert name of public authority] Iam interested in your disability equality work, and have read a copy of your DisabilityEquality Scheme and Action Plan. Having read your Action Plan I don’t think it includesthe right actions. Your Action Plan does not cover [insert more info on areas that theAction Plan does not cover e.g. there is no information on how you are going to improvetraining for disabled staff, there is no information on how you are going to increase theretention of disabled staff].

As a employee / branch secretary of the institutions Trade Union/ UNISON EqualitiesOfficer/UCU Equalities Officer/UNISON Disabled members officer/UCU DisabledMembers Officer [delete as appropriate] of [insert name of college] I feel that the aboveareas/functions need to be addressed within [insert name of college]’s Action Plan andDisability Equality Scheme. Please can you send me more information on why theseareas aren’t addressed, and any plans you have to include them in subsequent ActionPlans.

Please forward this information to me within 14 days. I will contact you again if I havenot received more information from you in this time.

Yours faithfully

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Some frequently askedquestions on the DisabilityEquality Duty

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Q1. What is the Disability Equality Duty?This is a new legal duty, introduced bythe Disability Discrimination Act 2005,which means that every public body(including colleges and universities) willneed to look actively at ways ofensuring that disabled people aretreated equally. It’s about includingequality for disabled people in theculture of public authorities in practicaland proactive ways.

Q2. When did it come into force?On 4 December 2006. By that date,all colleges and universities musthave published their disabilityequality scheme.

Q3. What acronyms do I need to know in order to follow all the adviceavailable?Advice on ‘doing the duty’ is litteredwith acronyms. The following are themost common:

DRC – Disability Rights Commission

DDA – Disability Discrimination Act

DED – Disability Equality Duty

DES – Disability Equality Scheme

Q4. What does the DED include?All public authorities are subject to‘the general duty’ (see Q5). Mostpublic authorities, including collegesand universities are also subject to aseries of specific duties (see Q6).

Q5. What does the general duty require?It requires public authorities to takethe following six steps:

l promote equality of opportunitybetween disabled people and otherpeople

l eliminate discrimination that isunlawful under the DisabilityDiscrimination Act

l eliminate harassment of disabledpeople that is related to theirdisability

l promote positive attitudes towardsdisabled people

l encourage participation bydisabled people in public life

l take steps to meet disabledpeoples needs, even if this requiresmore favourable treatment.

Q6. What do the specific duties require?l Publication of a disability equalityscheme.

l The involvement of disabled peoplein the development of the scheme.

l Within three years, take the stepsset out in the action plan.

l Publication of an annual reportwhich must include a summary of thesteps taken, the results of itsinformation gathering and the use towhich the information has been put.

Q7. What should be in the DES?The DES must include:

l a statement of the way in whichdisabled people have been involvedin the development of the scheme

l the action plan, with specificoutcomes and a timetable

l information-gatheringarrangements

process. Demand that disabilityequality training is provided to allowyour members to meet their newduties to students and prospectivestudents. Ask for disability equalityimpact assessments on any newpolicies or practices. Look out forfuture training/briefing events on theDED provided by the unions.

Q11. What difficulties are colleges anduniversities likely to face in meetingthe DED?

The active involvement of disabledpeople is at the heart of the DED.Only 2% of the academic work forcein post-16 education has declared adisability, despite the fact that 20% ofthe working age population arecovered by the DDA. There is likely tobe a massive incidence of under-disclosure. You might want to discusswith management ways of convincingstaff that it is both safe and in theirinterest to declare a disability and toget involved in the DED.

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l impact-assessment arrangements

l use of the information gathered.

Q8. Who is covered by the DED?DED applies to England, Scotlandand Wales. In relation to colleges anduniversities, it applies to everyoneinvolved—staff, students, potentialstudents, visitors, contractors.

Q9. What is the role of trade unions?The DRC makes frequent reference inits advice and code to the desirabilityof involving recognised trade unions.Ideally, you should have beeninvolved in drawing up yourinstitution’s DES. This appears not tohave happened in many institutions.

Q10. What should the branch/localassociation be doing now?The DES is intended to be dynamic.The action plan should be reviewedon a regular basis. If you have notbeen involved already, ask for tradeunion involvement in the review

Checklist for branches/stewards about the DisabilityEquality Duty4 Use the introduction of the Disability Employment Duty

as part of your bargaining agenda – think about how touse the general and specific duties in any relevantcasework and negotiations you are involved in. Put thison the branch committee and regional committeeagendas.

4 Build disability equality into the way you organise—youwill find that disabled members may want to getinvolved and active in this area of work—we canprovide advice on how to do this.

4 Liaise with other campus unions to set up a joint unionDisabled Members’ Group.

4 Encourage disabled members to join self-organisedgroups and networks, as local, regional and nationallevel.

4 Ensure that there is trade union representation ondisability equality/impact assessment workingparties/committees.

4 Put the Disability Equality Duty on the agenda of anyjoint union committees.

4 Encourage your employer to actively involve a widerange of disabled people in its work in this area.

4 Press your employer to understand and adopt thesocial model of disability.

4 Press your employer to run disability equality trainingfor all staff.

4 Monitor the Disability Equality Scheme and ActionPlan.

4 Promote the Disability Equality Duty and the work thatyou are doing in this area to members and staff byputting articles in media, holding training, facilitatingdebates & workshops, putting up posters, using noticeboards, emailing & putting up information online.

4 Work with the staff governor to bring up the DisabilityEquality Duty at board of governors meetings andother senior committees to find out what the institutionis doing about the duty.

4 Arrange a meeting between senior management anddisabled staff.

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4 Do research about the Disability Equality Duty on websites such as the Disability Rights Commissionwww.drc-gb.org.

4 Attend disability equality training events. 4 Submit motions to about the Disability Equality Duty (a

model motion is at the bottom of this briefing).4 Ensure that your institution talk to ALL disabled staff

not just one or two. 4 Set up an implementation working group—we would

strongly recommend that this be a joint union group.4 Confidentially map or survey your disabled members to

find out the barriers that hey face in the workplace. 4 Agree a disability equality policy and look at wider

equality agenda.4 Ask disabled members what their needs are.4 Review access to participation in the work of the union

by disabled members.4 Educate all members to combat negative stereotyping

of disabled people.4 Arrange speakers on disability issues to attend branch

or association meetings. 4 Encourage disabled members to participate at all

levels by giving a commitment to ensure meetings andother events are fully accessible.

4 Ensure disabled members are aware of Union courses.4 Attend union training events for branch or association

officers on disability issues.4 Encourage new activists to become reps and/or join

the college branch/committee.

Questions for branches/stewards to askabout the Disability Equality DutyQ. Are trade unions being included in the college’s

Disability Equality Scheme?

Q. Are staff being involved in the college’s DisabilityEquality Duty?

Q. Do staff/trade union members know about theDisability Equality Duty?

Q. Does your institution have an EqualityCommittee/Forum with trade union representation?

Q. Does your institution have a disabled staff group?

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Q. Is there a disability policy?

Q. Was it negotiated with the union?

Q. Were disabled members of staff actively involved inwriting it?

Q. Do all members of staff have copies of the policy?

Q. Has your institution begun to monitor its staff profile bydisability?

Q. Has the institution begun to publish the results of thestaff monitoring?

Q. Has the institution set targets for recruitment where thestaff population is under-representative of key groups?

Q. Have members of staff been invited to contribute to apublic discussion on what the general duty to promoteequality between disabled and non-disabled peoplemeans for all areas of the institution’s work: includingbudgeting, work with contractors, maintenancebuildings, curriculum?

Q. Have groups of disabled staff been actively involved inassessing the institution’s general progress towardsachieving equality between disabled and non-disabledpeople?

Q. Have groups of disabled staff been specificallyconsulted on key institutional policies, which are likelyto have significant impact on disabled staff?

Q. Have all staff received training, in work time, ondisability equality?

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Social Model of DisabilityUCU and UNISON support the Social Model of Disability.We believe it is the way society organises that createsbarriers to inclusion and prevents disabled people fromtaking an equal part in life. The social model of disabilityenables disabled people to look at themselves in a morepositive way which increases their self-esteem andindependence.

The traditional view of disability is called “the MedicalModel of Disability”, because it sees people as medicalproblems. As a result disabled people are expected to seetheir impairment as their problem, something they willhave to make the best of and accept that there are manythings they cannot do.

The social model of disability starts from a differentperspective. It ignores how “bad” a person’s impairmentis. Instead it establishes that everyone is equal anddemonstrates that it is society which erects barriers thatprevent disabled people participating and restricts theiropportunities.

The social model looks beyond a person’s impairment atall the relevant factors that affect their ability to be a fulland equal participant in society.

Heavy doors and inaccessible public transport are just twoexamples of what makes travelling such a hassle—not thefact that someone is disabled. Every disabled person canmake their own list of the barriers that limit theirparticipation. When these barriers and other people’snegative attitudes are considered, it is easy to see howdisabled people’s opportunities are limited by a multitudeof barriers.

The social model of disability states that the solution is torid society of these barriers, rather than relying on curingall the people who have impairments (in many case this isnot possible or desirable).

For example, people with poor eyesight are given a simplepiece of equipment—a pair of glasses. Without them theywould be excluded from full participation in society andwould therefore be disabled.

Similarly, the social model solution to the fact that awheelchair user is disabled because they cannot usepublic transport is simple—make all public transportaccessible to everyone!

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This social model approach to disability that sees theproblem as society’s barriers, rather than the person’scondition, allows disabled people to lift the blame fromtheir shoulders and place it squarely onto society’s. Thesocial model of disability empowers disabled people tochallenge society to remove those barriers.

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Example letter for staffdisclosureThis letter and questionaire was used at Isle of WightCollege to improve disclosoure rates.

Dear Colleague

Recent legislation changesFirst let me introduce myself to those of you who do notknow me. I am the newly appointed Head of Equality &Diversity and my name is Pauline Hitt. At the present time,until a successor is appointed, I am also doing my old jobas well, Head of Learning Opportunities. For those of youwho are new to the college I have worked here for 23years in a variety of roles mostly within support for thosewith a disability/learning difficulty; and literacy andnumeracy in various formats. I have long been a championof social inclusion and widening participation and I amlooking forward to my new role.

Disability Discrimination ActThis has been in force for eleven years now with updateswhich continue to increase its effectiveness and power.The latest change is the Public Duty to Promote DisabilityEquality. As a government body the college has toproduce a Disability Equality Scheme with a three-yearaction plan. A copy of this has to be sent to the LSC andis monitored via the inspection process. To enable thecollege to gather evidence we wish to consult with thecommunity, learners and staff who have a disability so thatthe plan contains actions that will provide support,chances to continue the consultation process, andimprove opportunities for everyone with a disabilitywhatever their role: employee, student, visitor, stakeholder,or partner.

As part of this work we are joining with other publicagencies: IW Council; NHS; Hants & IW Constabulary andthe voluntary sector so that we can produce an Islandwide scheme which prevents duplication of theconsultation process and provides some ‘joined up’actions and ideas. However, we still have to produce ourown plan by December.

To start this process we need to know who amongst thestaff has a disability. We fully realise that this is a verysensitive area and that people have the right not todisclose. Some may not realise just what defines a

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disability. It includes any physical or sensory impairment,learning disabilities; learning difficulties e.g. dyslexia,health conditions such as cancer, multiple sclerosis, ME;autism, ADHD, and mental health. I attach someinformation taken from the latest government Code ofPractice for additional guidance.

We are also working in a project with UNISON and UCU(formerly NATFHE) as one of six colleges nationwide whoare developing support systems for its staff with adisability and receiving advice in how to supportdeclaration. We have arranged a training event forNovember 14, our next staff training day.

Any data or information gathered will be treated in thestrictest confidence and can remain anonymous. It will beused to remove barriers, recognise gaps in provision andto create a starting point from which to measure progress.

How this will be collected will be in a choice of formats. Ihave included a questionnaire with this letter if that is yourchoice. I shall be available for some 1:1 interviews and Ishall also be arranging focus groups.

I do hope you feel able to contribute in this consultationactivity, but respect your wish to decline.

I look forward to hearing from you. Please return yourquestionnaire in the Freepost enveloped attached.

Yours sincerely

Pauline HittHead of Equality & Diversity

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Questionnaire for staff Recent disability legislation has placed a duty on all publicbodies to actively promote disability equality. In responseto this, certain public bodies, including colleges, arerequired to publish a Disability Equality Scheme and anAction Plan.

The involvement of disabled staff and students indeveloping the Scheme, determining its priorities andhelping to shape the Disability Equality Action Plan, arecrucial.

We now wish to consult staff more widely and invite allstaff to complete the Disability Equality Questionnaire forStaff. We are particularly interested in the experiences andviews of disabled staff. Non-disabled staff who are linemanagers or who work with disabled staff members mayalso have useful experiences to contribute and we wouldalso like to hear your views.

Confidentiality. We are aware that you may not havedisclosed your disability to the college and may not wishto do so. This is why this questionnaire is anonymous,unless you chose to provide your name. The views youexpress here will be kept entirely confidential withinStudent Services. Your responses will only be used in ananonymous way to inform the Disability Equality Scheme.

If you are a disabled person and would like any advice orinformation on the support that may be available fordisabled staff, then please contact your Head ofDepartment.

We will be following up this questionnaire with somedisabled staff focus groups. For more information aboutthese please see the DES page on the staff intranet.

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Disability equality questionnaire for staffYour experience/observationsQuestion 1Is there anything that the college could be doing to make it easier for staff to disclose adisability?

Question 2What do you think that the college should change to improve the experience of itsdisabled staff? Your answer will help us to prioritise the actions we need to take.

Question 3What barriers do you experience in your workplace that prevent you carrying out yourjob or hinder you carrying out your job?

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Question 4What do you think that the college is doing well to support the needs of its disabledstaff?

Question 5From your experience and/or observations, how well do you feel that the followingsupport the needs of disabled staff?

Very un- Un- Neutral Supportive Very supportive supportive supportive

1 2 3 4 5

Heads of Department

Line managers

Work colleagues

Human Resources

Other staff

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Question 6From your experience and/or observations, how well do you feel that the followingcollege processes, activities or facilities meet the needs of disabled staff?

If you feel that you have no knowledge of a certain topic, just leave a blank row. You canmake comments on the topics below in Q13 and Q14.

Very poor Poor Adequate Good Very good

1 2 3 4 5

Job application & interview process

New staff induction

Staff development

Individual adjustments made for disabled staff

Physical environment

Disabled parking

Impact of employment policies and procedures on disabled staff

Accessibility of official communications from the college

Annual Review process

Personal workspace (PC, desk etc)

Access to advice and supportin relation to disability issues

Other (please give details)

Question 7If you feel that any of the activities or facilities mentioned in Q6 are a barrier to theparticipation of disabled staff, please give details of how and why.

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Question 8If you feel that any of the activities or facilities mentioned in Q6 are of benefit to theparticipation of disabled staff, please give details of how and why.

Disability status and disclosure Question 9

A disabled person is defined in the Disability Discrimination Act as someone with aphysical or mental impairment that has a substantial and long-term impact on theirability to carry out day-to-day activities. This can include people with long-term healthconditions such as epilepsy, those with mental health difficulties and people withspecific learning difficulties such as dyslexia.

Having read this statement, do you consider yourself to be covered by the definition?

nn YES nn NO

Question 10

If you answered ‘YES’ to Q9, please indicate the nature of your disability - tick as manyboxes as are applicable to you. This question is optional.

nn Dyslexia or other specific learning difficulty

nn Physical disability (eg which affects mobility or manual dexterity)

nn Long-term progressive condition (e.g. cancer, HIV)

nn Blind or partially sighted

nn Autistic Spectrum Disorder (incl. Asperger’s Syndrome)

nn Long-term recurrent condition (e.g. sickle cell condition, epilepsy)

nn Deaf or hard of hearing

nn Mental Health Difficulty

nn General learning disability

nn Other (please state)

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Question 11Did you declare a disability when first applying to the college for a job?

nn YES nn NO (go to Q12 and Q13)

Question 12If you answered ‘NO’ to Q11, what were your reasons for not disclosing? Please tick asmay of these that apply to you

nn I did not have a disability at the time

nn I feel this information is private and not work-related

nn I did not consider it to be relevant to my job

nn I was unaware of the benefits of doing so

nn I do not remember being given the opportunity

nn I was concerned I might be discriminated against

Another reason, please specify

Question 13If you answered NO to Q11, have you disclosed your disability to the college since youstarted your employment?

nn YES nn NO

If Yes, please state why you then disclosed:

Question 14If you disclosed your disability since taking up your employment, to whom did youdisclose your disability?

nn My line manager

nn Human Resources

nn A work colleague

nn Head of Department

nn Other, please state:

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Question 15In discussing your disability, did you request support?

nn YES nn NO

Question 16Did you receive the help you requested?

nn YES nn NO

Question 17If YES, how would you rate this response?

nn Poor nn Average nn Good nn Excellent

If you would like to, please provide further details about the response you received:

Question 18

Has this questionnaire missed any important issues or topics that affect the experienceand participation of disabled staff at the college?

If so, what are they?

About YouAre you:

nn Female nn Male nn Academic staff nn Professional service staff

How long have you worked at the college?

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Thank you for your time and your contribution.

If you would like to be more involved in the development of the College’s DisabilityEquality Scheme (for example, as a reader of the draft document or by contributing tolater reviews of the Scheme), please provide your contact details below and we will be intouch with you.

Name

E-mail address

Department

Telephone number

Distributed by Student Services on behalf of the Disability Equality Working Groupestablished under the Equality & Diversity Steering Group

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Useful Websites and publicationsDisability Rights Commission http://www.drc-gb.org/employers_and_service_provider/disability_equality_duty.aspx

UNISON guidance on the public sector dutieshttp://www.unison.org.uk/equality/duties.asp

UNISON equality news in FE http://www.unison.org.uk/education/further/equal.asp

UCU Web pages for disabled members http://www.ucu.org.uk/index.cfm?articleid=1938

UCU Enabling not Disablinghttp://www.ucu.org.uk/media/pdf/4/8/ucu_enablingnotdisabling_1.pdf

Learning and Skills Council Virtual Learning Environment on the DEDhttp://www.lsncommunity.org.uk/vle/research/

Commission for Disabled Staff in the lifelong learning sectorwww.niace.org.uk/disabledstaffcommission

Learning and Skills Network guidance on disabilityhttp://www.lsneducation.org.uk

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‘I believe it important to understand other disabledpeople's lives, am committed to representing the fulland diverse views and interests of deaf and otherdisabled people, and am a strong advocate forrights, independent living and choice.

I don't see myself deaf or disabled, I just belongs tolinguistic minority.’

Michelle Jones, City College Manchester

Designed by UNISON Communications Unit. Published and printed by UNISON, 1 Mabledon Place, London WC1H 9AJ. CU/May 2007/16484//UNP 9358/300.

the disability equality duty - ucu

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