FirstAssist tackles the DDA issue

As the new provisions under the Disability Discrimination Act (DDA) come into effect, businesses are still facing a time of uncertainty and confusion. FirstAssist, the healthpeople group and Churchill, Minty & Friend recently joined together to assemble experts in health, wellbeing, medical services and disability issues to discuss Illness or Disability ñ Managing the Difference. HR personnel, managers and directors attended the seminar, providing them with a vital opportunity to discuss the issues and look at how they can take positive steps towards compliance and reduce the risk of facing an employment tribunal.

The DDA now expects most organisations to make ëreasonable adjustmentsí to its premises to assist disabled customers as well as covering employees who have sensory, physical or mental disabilities. This has an impact on an organisationís employment, recruitment and dismissal practices and procedures for its staff. Chris Thomas, Customers & People Director for FirstAssist explains: Under the DDA, disability is now focused on the context of an individual, their role and their position in the workplace. Employers must treat cases individually as opposed to imposing blanket procedures.

Furthermore, thought has to be given to when a long-term illness actually becomes a disability, adds Philip Friend, Partner and Director of Churchill, Minty & Friend. What is the employer expected to do in terms of reasonable adjustment? Does the person have a named condition? Is it likely to last longer than 12 months? Does the condition have a substantial adverse effect? Does it interfere with normal day-to-day activity? If the answer is yes to these questions then they are likely to be covered by the DDA and reasonable adjustments should be made.

Understandably, organisations are concerned about the definition of ëreasonable adjustmentsí ñ a subject covered by the seminar. Bela Gor, Head of Legal Policy for the Employers Forum on Disability explains the wide range of modifications businesses may have to make to accommodate disabilities. She says, Reasonable adjustments can include something as simple as altering an individualís working hours or allowing absences for rehabilitation or treatment. Alternatively a disabled employee may need to be transferred to a more suitable alternative role.

In addition, firms should look at absenteeism to identify potential disabilities and consider what can be done to address it at an early stage. By reviewing absenteeism, employers can understand why an individual is off sick and address potential disability issues. Disabilities such as stress are not always visible, so a proactive approach is needed.

Alistair Wickens, Managing Director for the healthpeople group, commented that a key factor in gaining maximum benefit from an occupational health service lay in the establishment of much closer relationships between the line manager and the occupational health professional. This in turn improved accessibility to the clinical specialists and a much better understanding of exactly how occupational health can proactively support the line manager at a local level in tackling disability and illness.

Chris Thomas of FirstAssist concludes: Effective health management protects employers by improving the health of their people. A proactive approach to health management is instrumental in managing business performance, responding to health issues and discharging statutory obligations under the DDA. Get it right and everybody benefits The health and wellbeing of people should be led from the top, with educated managers who understand health and disability issues.