Disability Issues
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The Disability Discrimination Act (DDA) 1995 makes
it unlawful, amongst other things, to discriminate against
disabled people in employment.
The Part II employment provisions of the DDA have applied
to police staff since December 1996 when they first
came into force. The police are also service providers
and are subject to the goods, facilities and services
provisions under Part III of the DDA.
From 1 October 2004, police officers will be subject
to the Part II employment provisions of the DDA. This
includes special constables and those who apply to join
the service.
This has implications for all officers. Decisions and
actions must not be based on stereotypical assumptions,
but by using proper research on a case-by-case basis.
This does not mean standards will be lowered. It will
open the service to good-quality recruits who may have
a disability but can nevertheless meet the service’s
standards. The DDA will also apply to officers who become
disabled during their careers.
- Under the legislation, a Chief Officer will be liable
for acts done by him/her to a police officer and will
be vicariously liable for acts of discrimination committed
by officers under him/her.
- Police authorities will be liable for acts done by
it to a police officer. Authorities will therefore need
to ensure that their policies and practices are not
discriminatory.
- Human resource staff should be aware that internal
policies and procedures such as equal opportunities,
fairness at work, disciplinary, and appraisal procedures
should cover disability issues and not discriminate
in themselves. Where existing policies do not address
disability issues they should be amended.
- In day to day matters it will be the responsibility
of managers to ensure that a disabled officer working
for them is not discriminated against. The manager may
also be the first person to become aware that an officer
has a disability. It is imperative, therefore, that
managers understand the legislation, how it impacts
on their responsibilities, how to make adjustments,
and where to go for help.
All officers should not only be aware that it is unlawful
to discriminate against people with disabilities (and
be aware that disabilities may not be immediately obvious)
but they should know what they should do and how they
should deal with disabled colleagues and applicants.
The Home Office has set up a committee to produce guidance
to help the service prepare for the changes in the legislation.
The committee includes representatives from ACPO, the
Police Federation of England and Wales, the Superintendents’
Association, the Disability Rights Commission, the Employers’
Forum on Disability, the APA, HMIC and other government
departments.
- An explanatory leaflet was published in December
2003, setting out the basis of the Act and what it means
for the service. A copy is available to be downloaded
on the right of this page;
- In March we published fuller overarching guidance,
aimed primarily at managers and HR staff - Disability
Discrimination Act 1995 leaflet.
- In April we are holding a conference for all
forces to discuss the drafts of comprehensive guidance,
to be published in the Spring, which will address in
detail those areas of the service which will be most
affected by the change in the legislation:
- recruitment and assessment (including pensions implications)
- occupational health issues (including risk assessments)
- training, assessment and promotion.
- Once finalised this detailed guidance will
be published and distributed to all forces.
Any queries can be directed to your HR departments,
the Equality & Diversity team here in Police Personnel
Unit in the Home Office, or the Police Disability Network
co-ordinator at the Employer’s Forum on Disability. |
