- College Complaints Procedure
- Disability Equality Duty
- Equality Opportunities
- Information and Guidance Policy
- Race Equality
- Student Bullying and Harassment
- Examination Policy for Private Candidates
- Single Equality Duty Policy 2009
College Policies
Single Equality Duty: Part 1 Policies 2009
Mission Statement: Barrow in Furness Sixth Form College provides education which is of high quality and sensitive to the needs of the community and the aspirations of individual students. We do this through:
• Recognition of individual potential
• High expectations
• Strong support
Contact number for more information or alternative formats:
College can be contacted by any of the following means:
Tel. 01229 828377
Fax. 01229 836874
Email. Principal@barrow6fc.ac.uk
CONTENTS
Introduction 4
College Context 4
Legislative Background 4
Impact Assessment Methodology 5
Roles & responsibilities in the Equality Scheme 6
Related Policies 6
Equal Opportunities Policy 7
(inc Gender Equality Duty, Religion & Belief,
Sexual Orientation, Age)
Race Equality Scheme 13
Disability Duty 17
Disability Statement (Staff) 20
Introduction
Barrow in Furness Sixth Form College provides education which is of high quality and sensitive to the needs of the community and the aspirations of individual students. We do this through:
• Recognition of individual potential
• High expectations
• Strong support
All members of college, staff and students, should be free from discrimination of harassment. They should also have course to redress through a robust grievance or complaints procedure.
The Single Equality Scheme was compiled from a variety of existing policies in Autumn 2008 in anticipation of a legal requirement from 2009. In doing so, the College recognises the concerns felt by some groups i.e. that certain interests may be lost in an over-arching Scheme, and has therefore kept the different elements distinct.
In putting together existing policies, various review dates may get ‘out of synch’. These elements of the new Single Equality Scheme will be reviewed at or before the due date until a single review timeframe is established.
A Single Equality Duty Action Plan will be produced incorporating each section.
College Context
Barrow-in-Furness Sixth Form College was established in 1979. It is the only sixth form college in Cumbria and occupies a single site in an attractive rural setting to the north of the town.
Students are recruited from six 11 to 16 partner schools in Barrow-in-Furness, two rural 11 to 16 schools at Coniston and Cartmel and from 11 to 18 schools. A significant number of students are from the independent sector and from further afield in the South Lakes area.
Although the college's main work is to provide full-time courses for students aged 16 to 18, an increasing number of adult learners are also recruited. The college offers 35 general certificate of education (GCE) subjects and one OCR Level 3 National Certificate. Approximately 80% of the students aged 16 to 18 are enrolled on to advanced level courses. At Level 2 students can select from one of 4 OCR National courses which they can study alongside GCSEs.
The College is an active member of the Furness 14-19 Education Consortium and in that capacity is very involved in the preparations to deliver offer the new Diplomas in Society, Health and Development and Creative and Media. The College also teaches some courses for 14-16 year olds in partnership with local schools.
College facilities can be hired by non-College organisations outside teaching hours.
Legislative Background
The legislative and regulatory background to the Single Equality Scheme includes:
Equal Pay Act 1970 (and subsequent Amendments)
Sex Discrimination Act 1975 (and subsequent Amendments)
Gender Reassignment Regulations 1999
Race Relations Act 1976 (and subsequent Amendments)
Race Relations Amendment Act 2000
Disability Discrimination Act 1995
Special Educational Needs and Disability Act 2000 (SENDA – Part 4 of DDA)
EU Employment Directive 2000 (Covering Religion & Belief; Sexual Orientation and Age)
The College asserts its commitment to fulfilment of the requirements of each of the above. Barrow Sixth Form College willingly recognises its duty to comply with the legal requirements of key pieces of legislation, the Sex Discrimination Acts of 1975 and 1986, the Race Relations Act 1976, the Disability Discrimination Act 1995 and subsequent amendments.
Purpose
The purpose of the Single Equality Duty is to bring together all strands of equality legislation to:
• promote equality of opportunity for all students and staff, including potential applicants
• to eliminate unlawful discrimination and harassment
The College is therefore committed to eliminate inequality and unfairness in its dealing with staff, students, parents, college users, service providers and others on the grounds of:
• Ethnicity
• Disability
• Gender
• Sexual orientation
• Religion or belief
• Age
Impact Assessment Methodology
Information will be gathered through the College Information System and Quality Questionnaires on the following:
• Student applications; student enrolments; student retention; student achievement in respect of gender, self-identified ethnic group, additional learning support needs (disability or learning difficulty) and school of origin.
• Student satisfaction levels at class, subject and whole college level.
• Numbers of official complaints through the Complaints Procedures
• Staff applications for employment or Career and Professional Development (CPD)
Impact assessments will involve staff (teaching and support), students, stakeholders and external organisations. They will include desk exercises, questionnaires, focus groups, CPD events and other mechanisms as the College develops its expertise.
Using the information
The information gathered will be published in the Equality & Diversity Report and be used to develop the Annual Plan feeding into the College SAR (Self Assessment Report). This in turn will prioritise the Action Points in the light of legislative imperatives, college priorities and economic, social and educational considerations.
Roles & Responsibilities in the Equality Scheme
The Equality & Diversity Committee is responsible for monitoring the Equality & Diversity Duty, & its achievement, using a variety of mechanisms including the tutorial review, consultation with stakeholders and CIS information. An annual report will be prepared for the SMT and the College Corporation. An Action Plan for addressing issues identified in the monitoring of the Policy will be produced each year. The Equality Scheme itself will be reviewed and revised every three years.
The Committee’s role includes the organisation of CPD events involving equality issues, and updating staff about any changes in legislation. The Director of Students has overall responsibility for the Equality & Diversity Duty and its implementation.
Membership of the Equality & Diversity Committee
Representatives from teaching staff, SMT, support staff and students, chosen by the Student Union. The Committee has the power to co-opt and/or invite contributions from other people. Specific information will be sought periodically from stakeholders, including students, parents, staff and local interest groups.
Action Points & Responsibilities
The Action Points produced will be published, and responsibilities allocated. The Action points will be integrated into the College SAR, monitored by SMT, and in particular the Directors of Information and Planning, and Teaching Learning & Quality.
Consultation
Processes will be developed that ensure the involvement of stakeholders within and outside the College: teaching staff; support staff; students; parents, the users of college facilities and special interest groups who can offer specific knowledge and expertise e.g. mental health groups.
Related Policies
Please refer to the following:
1. Student Bullying and Harassment Policy
2. Complaints Procedure (Students)
3. Staff Harassment Policy
4. Grievance Procedure
5. Learner Involvement Strategy (Student Voice)
6. Every Child Matters
EQUAL OPPORTUNITIES STATEMENT OF INTENT & SUPPORTING GUIDELINES
Revised January 2009
BARROW IN FURNESS SIXTH FORM COLLEGE
EQUAL OPPORTUNITIES STATEMENT
Original approved by SMT Review approved by SMT
Policy approved by Corporation Review approved by Corporation
Review date Next Review date
Barrow Sixth Form College is committed to equality of opportunity.
The College aims to ensure that current and prospective employees and students are encouraged and given the opportunity to achieve their full potential. All members of the College should treat other members with respect, tolerance and understanding. Discrimination or harassment of whatever form is unacceptable.
All forms of discrimination on the grounds stated below will not be tolerated:
• Ethnicity
• Disability
• Gender
• Sexual orientation
• Religion or belief
• Age (except in the enrolment of students in line with LSC funding conditions and the 16-19 ethos of the College)
Penalties for Breaching the Code: Staff
The College regards harassment by staff on the grounds of any of the above as a breach of their Code of Conduct and will deal with such issues under their formal Harassment Policy.
The Code of Conduct and Harassment Policy as well as copies of the other policies and procedures referred to in this document are to be found in the staff bookcase and on the staff Intranet. Queries on any area of the policy should be addressed to the Director of Personnel.
Penalties for Breaching the Code: Students
Barrow Sixth Form College has a Student Anti-Bullying Policy which states:
Bullying is unacceptable. Students have the right to learn without intimidation or other forms of bullying. Students who bully others will be subject to disciplinary action. This could include an official warning or being asked to leave college.
1. IMPLEMENTATION OF EQUAL OPPORTUNITIES
It is the responsibility of every member of staff and student at Barrow Sixth Form College to support and promote the Equal Opportunities Policy (EOP). However the Director of Students has a specific responsibility for students and the Director of Personnel has a specific responsibility for implementing the policy and for developing and promoting equal opportunities relating to staff throughout the College. The College has an Equality & Diversity Committee whose role is to discuss, recommend and monitor Equal Opportunities Policy issues. Its membership includes representatives from students, support and teaching staff. An Annual Plan will outline developments in implementing the Equal Opportunities Policies. This will be integrated into the college SAR in approx February each year.
2. THE ROLE OF THE EQUALITY & DIVERSITY COMMITTEE
The Equality & Diversity Committee is responsible for monitoring the Single Equality Scheme, including the Equal Opportunities Policy, & its achievement, using the tutorial review, CIS information and other mechanisms. An annual report will be prepared for the SMT. An Action Plan for addressing issues identified in the monitoring of the Policy will be produced.
The Committee’s role includes the organisation of CPD events involving equal opportunity issues.
Gender Identity
The College will provide individually tailored support for students/staff and other stakeholders who are transsexual/transgender, or at any stage in gender re-assignment. This will include practical advice, emotional and social support, protection from discrimination, etc.
3. HOW THE EOP COVERS SPECIFIC AREAS
The College is committed to:
i) TEACHING AND THE PROMOTION OF LEARNING
• Using admission criteria that are non-discriminatory and fair
• The use of timetables that are sufficiently flexible to accommodate students with domestic responsibilities
• The assessment and meeting of the needs of students with additional learning support needs (ALS)
• The promotion of equal treatment among all students
• The provision of resources and teaching materials that have been assessed to remove all forms of discrimination and which promote equality of opportunity and use positive images of diversity.
• The use by teaching staff of teaching materials free from bias and the adoption of teaching methods that bring out the best in all students.
ii) STUDENTS’ ACHIEVEMENTS
• The monitoring of achievement to identify differences/trends across the equality strands
iii) THE CURRICULUM
• The provision of a range of programmes which meet the needs of different groups e.g. school leavers, adult students, students with ALS needs, employers
• To project the College’s commitment to equality of opportunity through its marketing materials.
• To encourage under-represented or other disadvantaged groups in the community to take advantage of College support available
• To monitor subject choice and change of course for any change suggesting inequal treatment.
iv) SUPPORT FOR STUDENTS
Recruitment:
• To offer impartial IAG on their choice of course/during induction etc.
• To give specific guidance for adult students and ‘returners’
• To ensure that staff responsible for student guidance and information are trained to make fair and equitable assessments
• To ensure that students are informed of the full range of learning support available to them
• To use initial assessment procedures take into account varied experiences/ backgrounds of students
• To use an APL policy that is fair and equitable
• To ensure that all qualified students are treated fairly, regardless of sexual orientation or assignment; religious belief; social origin or other characteristics.
Induction:
• To inform students at induction of their responsibilities under the Single Equality Duty
• To make students aware of the penalties for bullying and harassment
• To ensure that students receive informed, impartial, supportive and timely guidance and advice on the availability of counselling, advice and other support services
On course:
• To train staff to respond to the specific needs of each individual, including adult students
• To take into account the needs of those with child/care responsibilities, students whose first language is not English etc. and information freely available to deliver support in such cases
• To deliver reliable unbiased Information, Advice & Guidance
• To make students aware of their rights and responsibilities in relation to the Single Equality Scheme
• To ensure that all students are treated fairly, regardless of sexual orientation or assignment; religious belief; social origin or other characteristics.
• To make students aware of procedures for lodging a complaint and seeking support.
3. STAFFING ISSUES
The College has a procedure for the appointment of staff to ensure that equality of opportunity is provided for all applicants, irrespective of age, sexual orientation or assignment, religious belief or other characteristics.
Staff are made aware of the College’s Equal Opportunity Policy (EOP) on induction and are trained on Equal Opportunity issues. Staff will continue to be made aware of the requirements of legislation.
Selection for specific training is on the basis of meeting targets set by the individual/team or faculty/college.
Under the terms of the Disability Discrimination Act 1995, the College will seek to make any ‘reasonable’ adjustments to the place of work, working arrangements or working practices for disabled job applicants or employees.
The College’s redundancy policy sets out a procedure which ensures that the criteria used to select staff as potentially redundant will be objective, clear and precisely defined and will be applied fairly and in a non-discriminatory manner.
4. MONITORING AND EVALUATION
Staff
Information will be gathered by the Director of Personnel on staff applications, appointments and promotion. This will be analysed annually to help identify areas where there has been progress and areas where further development is needed. Base line data was collected in 2007-8.
Similarly, information will be collected by the Director of Personnel on the take up of staff training opportunities in order to monitor participation of staff across all strands of the equality spectrum as well as by full time/part time, teaching/support staff.
The Director of Personnel will report on these issues to the Senior Management Team and Governors via the Equality & Diversity Report.
Students
An Equality & Diversity Report will be produced annually that contains relevant equality assessments on the recruitment, retention and achievements of students by gender, school of origin, ethnic identity, ALS needs and whether they receive an EMA. This will be analysed to help identify areas where there has been progress and areas where further development is needed.
5. WHAT TO DO IF YOU HAVE A COMPLAINT
Students:
1. Students should refer to the Complaints Procedure available at Reception or on Moodle. You may also wish to refer to the College Bullying and Harassment Policy.
2. If the issue is referred to the Equality & Diversity Committee, they will discuss it, and make recommendations to individuals, relevant College groups, or the Principal.
3. If the issue is not resolved, it should be referred to the Principal.
4. Some matters may become the subject of student disciplinary measures to be dealt with at the appropriate level e.g. subject tutors, group tutor, Head of Faculty, Senior Tutor, Director of Students, Principal.
NB. Where the complaint is against members of staff reference will be made to agreed Corporation procedures for employees.
Staff: If you have a complaint against another member of staff regarding an issue under Equal Opportunities legislation or guidelines as defined in this document, you should follow the College’s Grievance Procedure. If the complaint involves any form of harassment, then the College’s Harassment Policy should be used.
Complaints which do not relate to members of staff should be referred to the Equality & Diversity Committee at the College.
By promoting and adhering to its Equal Opportunities Statement of Intent and by following the guidelines as detailed in this document, Barrow Sixth Form College seeks to eliminate all form of discrimination within the workplace and promote positive relationships between staff, colleagues, students and within the local community.
BARROW IN FURNESS SIXTH FORM COLLEGE
Race Equality Policy
Incorporated into Single Equality Duty 2009
RACE EQUALITY POLICY
Original approved by SMT November 2006 Review approved by SMT
Policy approved by Corporation Review approved by Corporation
Review date May 2009 Next Review date
This policy is part of BSFC Single Equality Duty.
Person Responsible: Director of Students
Report to SMT & Governors
Background
Previously, the college Equal Opportunities Policy, making specific reference to race equality, was thought to cover the relevant legislative requirements. The College AAV (Annual Assessment Visit) of January 2006, and following the Race Relations Amendment Act 2004, stated that a separate policy, or at least a separate section of the equal opportunities policy, was necessary. The College is aware of its particular responsibilities in an overwhelmingly all-white area (99.2% in 2001 Census).
Race Equality Policy
College is committed to delivering equal opportunities to all students and staff. The Race Equality Policy specifically seeks:
1. to prevent unlawful racial discrimination
2. to promote equality of opportunity
3. to promote good race relations between people of different racial groups, in college and beyond
4. to monitor, review and improve the implementation of good practice.
The policy will be reviewed every two years.
Race Equality Scheme: Policy into Practice
The college will actively encourage positive attitudes towards ethnic variety. It will
1. provide examples of good practice for all staff e.g. wall displays, course books and other learning material, to promote positive images of ethnic variety.
2. through the student bullying and harassment policy, make it clear that all people in society must be treated with and talked about with respect.
3. be prepared to implement its disciplinary procedures against students who break the rules.
4. ensure that its application policies and enrolment practices deliver equal opportunity.
5. ensure that teaching, student support and guidance deliver equal opportunity.
6. ensure that its employment policies and practices deliver equal opportunity.
7. ensure that all staff are aware of their responsibilities under the legislation, updated through relevant CPD or memoranda.
8. be prepared to implement its disciplinary procedures against staff who fail to deliver equal opportunities under the act.
9. provide a report on race equality issues in the annual Equality & Diversity Report.
10. check with providers e.g. canteen and cleaning staff, that they are aware of their duties under the act.
Monitoring
The Act requires monitoring of:
• the elimination of unlawful racial discrimination
• the promotion of equal opportunities
• the promotion of good race relations
The College will:
• seek the views of students in its delivery and achievement of race equality.
• monitor applications, enrolments and achievements of ethnic minority students and compare with overall figures.
• monitor applications and appointments of members of ethnic minorities to the staff, and existing staff applications for staff development.
• where numbers permit, differentiate between members of different ethnic minority groups and assess the effect and impact of the policy on each group.
BARROW IN FURNESS SIXTH FORM COLLEGE
Disability Equality Duty
Incorporated into Single Equality Duty 2009
Disability Equality Duty
Original approved by SMT Review approved by SMT
Policy approved by Corporation Review approved by Corporation
Review date Next Review date
See also the College’s
Disability Statement
Equal Opportunities Policy
Race Equality Policy/Scheme
Complaints Procedure
These are grouped together as an Equality & Diversity strategy and appear on the College website.
Introduction
Barrow in Furness Sixth Form College provides education which is of high quality and sensitive to the needs of the community and the aspirations of individual students. We do this through:
• Recognition of individual potential
• High expectations
• Strong support
The College accepts its responsibility under the Disability Discrimination (Amendment) Act of 2005 to:
• Promote equality of opportunity between disabled people and other people.
• To provide access to all parts of the College curriculum to all applicants with disabilities or impairments
• Eliminate discrimination that is unlawful under the Act.
• Eliminate harassment of disabled people that is related to their disabilities.
• Promote positive attitudes towards disabled people.
• Encourage participation by disabled people.
• Take steps to take account of disabled people’s disabilities, even where that involves treating disabled people more favourably than other people.
The College asserts its willingness to make ‘reasonable adjustments’ to the premises and to College practices.
Any person who wishes to complain that the College has not met its obligations under the Act should use the College complaints procedure. This is to be found on the College website, internal Intranet and in the College diary. A copy can be requested from the College.
Current College provision is based on:
• a track record of proven quality;
• the continued development of choice and diversity;
• a distinctive philosophy and ethos which is attractive to young people and their parents.
• close liaison with partner schools including local special schools
Throughout the development it is our aim to provide accommodation which:
• is stimulating, fit for purpose, cost effective and space efficient
• provides a barrier free environment
• encourages wider access to the College and its facilities and so contributes to the lifelong learning agenda.
The College aims to provide an environment for learning that is free from discrimination or harassment; that enables and encourages all students to reach their full potential; that enables and encourages the same of staff, and creates a safe, enjoyable and fulfilling experience for all.
Revised Disability Equality Scheme (DES)
The College has an ongoing Disability Equality Scheme to make such adjustments to College practice. They will be integrated into the College Self Assessment process.
The College willingly recognises the diversity of people e.g. through ethnicity, age, gender, sexual orientation, religion, who may have disabilities, and the nature and effect of their impairment.
Context
The main outcome of establishing disability equality should be that disabled people have full opportunities and choices to improve the quality of their lives. They should be respected and included as equal members of society. Equality of opportunity can be promoted for disabled staff, students and others by working with disabled people strategically to close gaps between disabled and non-disabled people.
What is the Disability Equality Duty?
The Disability Equality Duty, in force from 4th December 2006, requires public bodies when carrying out their functions to have due regard to the need to:
• promote equality of opportunity between disabled people and other people
• eliminate discrimination that is unlawful under the Disability Discrimination Act
• eliminate harassment of disabled people that is related to their disability
• promote positive attitudes towards disabled people
• encourage participation by disabled people in public life
• take steps to meet disabled peoples needs, even if this requires more favourable treatment.
Definition of Disability includes -
• Mental health issues
• Physical or sensory impairment
• Learning disabilities
• Specific learning difficulties e.g. dyslexia
• Medical conditions e.g. diabetes
• Communication and Social Emotional Behaviour Difficulties
Under the Act the impairment must have -
‘A substantial adverse effect on a person’s ability to carry out normal day to day activities… And be likely to last more then 12 months.’
Through the development of the DES, it is our aim to provide an environment that is:
• Stimulating, fit for purpose, cost effective and space efficient
• Barrier free
• Encourages wider access to the College and its facilities and so contributes to the lifelong learning agenda.
In response to workplace demands from both employers and adult employees, learning opportunities have been extended to include vocational courses, Train to Gain, NVQs and Skills for Life Programmes.
Entry requirements are often considered on an individual basis to take into account previous educational or health issues.
To aid students, staff have been trained in disability awareness and differentiation in the classroom; learning and emotional support is offered through the tutorial system, College counsellor and a well qualified and experienced learning support team.
To aid all members of staff, both teaching and support staff, in house training was provided on disability awareness and site access issues. As a result of this the Equality Diversity Committee decided to review access issues for both students and staff.
Models
Medical models of disability have tended to focus on what a person cannot do.
The Disability Equality Duty shifts this attitude and promotes the social model encouraging organisations to consider attitudes, systems and practices that create disabling barriers and prevent participation by disabled people.
The College aims to provide an environment for learning that:
• is free from discrimination or harassment
• enables and encourages all students to reach their full potential
• encourages the same of staff
• creates a safe, enjoyable and fulfilling experience for all
• removes barriers to enable disabled people to participate equally
• embeds disability equality in all aspects of policy and practice.
Involvement
The scheme was produced by the College Equality and Diversity Committee between October 2006 and March 2007, with the involvement of a local mental health charity (MIND in Furness) and a specific sub-committee of disabled students (with both visible and invisible disabilities) and learning support staff with relevant experience and expertise. Ms Dobson from MIND in Furness played an active role in producing the Scheme, as did a student with hearing impairment, two with dyslexia and one with severe mobility problems. The student with mobility problems produced a video that informed the group’s recommendations, which were adopted in their entirety by the College SMT. It was revised following advice from the DRC in October 2007.
Monitoring & Impact Assessment
The monitoring of the College’s duty under the various equality laws is to be found in the annual Equality & Diversity Committee Report. The impact of the DES will be assessed in this Report. The College Self-Assessment Report and consequent Annual Plan will also take account of inadequacies identified and take all reasonable steps to rectify them. The Senior Management Team will use information gathered through the data collection processes in College (Application and Enrolment data; Management Information System; Induction Questionnaire; Course Evaluation Questionnaires; Equality & Diversity Report and such qualitative methods as evolve in the Learner Involvement Strategy) to identify priorities in the Action Plan.
The Equality and Diversity Report will be presented to Governors as part of the DES.
Impact assessments will ensure that College policies, practices and activities do not disadvantage disabled people, help to identify potential barriers and promote equality of opportunity for students and staff.
The following have been identified as issues for the College to consider, and to change when possible.
All changes to the building, or new builds, will be considered in relation to the DES.
The College’s estate has been adapted, extended and well-maintained over the past 25 years. The weaknesses of the existing estate are:
• Many classroom too small for average class sizes;
• Narrow corridors causing congestion and difficulty for wheelchair users;
• Many cul de sacs;
• Inadequate facilities for the expressive and performing arts;
• Poorly configured social and study space, having an adverse effect on the learning environment;
• Inability to respond adequately to 14 – 19 curriculum developments.
Since the publication of the first DES College has received permission form the LSC to go ahead with a building programme that involves replacing all existing buildings. The plans included the following statement (but are currently [May 2009] on hold):
Accessibility and the Implications of the DDA
Access to the new proposals has been developed referring to the Buildings Regulations Approved Document M and BS8300. The access strategy has included creating:
• Level threshold access throughout.
• Clearly identified disabled parking spaces, located close to the principal entrance.
• Primary routes from car parks to be no less that 2000mm wide, and where ramps are required, to current building regulatory standards. Where stepped approaches are required, they are to be constructed in accordance with BS8300.
• Main Entrance doors that open outward, and incorporate powered opening devices for disabled access.
• Main horizontal circulation throughout the building via corridors, of a minimum width of 2000mm.
• Teaching areas, offices, meeting rooms, etc which provide a minimum clear width of 850mm at door openings.
• Sanitary provision for disabled users is provided on each floor of the college, with a specialist hoist WC/shower provision on the ground floor. Each set of student cubicles on all floors to include an ambulant accessible cubicle.
• Directional signage and room numbering to be clear and to include Braille markings.
• Hearing loops to be included in key areas (identified on room data sheets) and portable units to be provided to suit demand.
Monitoring
The Disability Equality Scheme includes the collection of information, both quantitative (through questionnaires, application forms, enrolment forms, etc.) and qualitative (through open questions, focus groups, etc.) of both staff and student experiences. Any information indicating a weakness in provision, or failure to comply with the Disability Equality Duty, will be incorporated into the College’s Action Plan. This will be discussed at Senior Management level and made known to Governors.
Alternative formats
College will make all reasonable efforts to provide the Disability Equality Scheme in alternative formats on request
BARROW IN FURNESS SIXTH FORM COLLEGE
DISABILITY IN THE WORKPLACE – AVOIDING DISCRIMINATION
Incorporated into Single Equality Duty 2009
BARROW IN FURNESS SIXTH FORM COLLEGE
Original approved by SMT Review approved by SMT
Policy approved by Corporation Review approved by Corporation
Review date Next Review date
DISABILITY DISCRIMINATION ACT (DDA) 1995 means it is unlawful to discriminate against a disabled person in the terms of their employment, opportunities for promotion, by dismissing them or by causing them any other form of detriment.
DEFINITION OF DISABILITY
The DDA defines disability (for the purposes of the Act) as ‘a mental or physical condition which has a substantial and long term adverse affect on the applicant’s/employee’s ability to carry out normal day-to-day activities.
‘Long term ‘means that the condition must last, or be likely to last, for more than 12 months.
‘adverse effect on… normal day to day activities’ may include one or more of the following:
• Mobility
• Manual dexterity
• Physical co-ordination
• Ability to lift or otherwise move everyday objects
• Speech, hearing or eyesight
• Memory or ability to concentrate, learn or understand
• Understanding the risk of physical danger
DISCRIMINATION IN EMPLOYMENT
As an employer/prospective employer, the college must ensure that under the DDA it does not unlawfully:
• Discriminate against a disabled person (as defined under the DDA) in employment
• Fail to provide any necessary ‘reasonable’ adjustments for disabled employees and applicants
• Subject a disabled person to harassment
• Subject a disabled person to victimisation because they have brought or given evidence or information in connection with proceedings under the DDA
• Undertake disability related discrimination in any other form
Some examples of the above could include:
• Terms on which the disabled person is offered employment
• Refusing to offer or deliberately not offering the disabled person employment
• Restricted opportunities for promotion, transfer, training
• Dismissal on the grounds of the disability
AVOIDING DISABILITY DISCRIMINATION DURING RECRUITMENT & SELECTION
To avoid discrimination on the grounds of disability, the college is committed to following good practice guidelines when recruiting staff. Examples of good practice during recruitment and selection include:
• Encouraging job applications from people with disabilities
• Checking advertisements, person specifications etc. to ensure they are not directly or indirectly discriminatory
• Asking applicants prior to interview (for example, as part of the invite to interview letter), whether they have any specific requirements to facilitate their attendance at interview and make any ‘reasonable’ adjustments in advance
• Guarding against inappropriate use of medical checks – although it is still essential to ensure a check is carried out on the same grounds as for any new employee from a Health and Safety perspective and to protect both the applicant and the employer
• During the interview, concentrating on the persons’ ability to do the job and only ask about the disability if it has a bearing on the person’s ability to work
• Considering modifications to the requirements of the job (as defined in the person specification) if the candidate does not meet all of the criteria due to their disability, but could still perform the job well
REASONABLE ADJUSTMENTS
Less favourable treatment of a disabled person cannot be justified where it is possible to make a reasonable adjustment which would allow the person to undertake the job.
Examples of potential "reasonable adjustments" are
• Making reasonable alterations to premises
• Altering working hours
• Acquiring equipment
Whether an adjustment can be classified as "reasonable" will depend on
• How much it will improve the situation for the disabled person
• How easy it is to make the change
• Cost (although there may be grants and other assistance available)
• Employer's resources
Barrow Sixth Form College operates a zero tolerance policy in relation to acts of discrimination on the grounds of disability. Staff who commit or who are alleged to have committed such acts may be faced with disciplinary action.