Firefighters and the DDA – What does it mean for The Fire and Rescue Service?

Firefighters and the DDA – What does it mean for The Fire and Rescue Service? By Michelle Valentine, Practice Development Officer

Our overall goal ‘A society where all disabled people can participate fully as equal citizens’

What we are • The DRC was set up in April 2000 as enforcement body for the DDA • We are independent • Offices in Manchester, Cardiff, Edinburgh and London – 200 staff many are disabled people • We aim to work in partnership with small and large businesses, public sector and voluntary organisations • We want to win hearts and minds, not just court cases

Why is the DDA being applied to firefighters? • EU Framework Equality Directive – Government extension of DDA to comply • Extended DDA to cover firefighters, police officers and prison officers from 1st October 2004 • Armed Forces will continue to be exempt • Acts of discrimination before 1st October 2004 will NOT be covered

What is the DRC doing to help? • DRC has developed a ‘self help’ guide for FBU reps • DRC has advised ODPM on policy issues • DRC worked with Fire Service Managers to develop specific guidance and case studies video/DVD

DDA Part I Definition of Disability “a physical or mental impairment which has a substantial, long term, adverse effect on ability to carry out normal day to day activities”

DDA Part I – Continued Covers: HIV infection Cancer Multiple Sclerosis (from Dec 05 from point of diagnosis) people with severe disfigurements people who have had a disability in the past even if they have recovered

DDA Part I – Continued How to decide if someone is disabled: • Must use the definition in the Act: • Substantial (more than minor or trivial) • Long-term (at least 12 months) • Adverse • Must look at person without help of medication, mobility aids etc (except glasses) • Must use a ‘social model’ of disability

Part II What is Discrimination? 2 Main Types of Discrimination: • Direct Discrimination • Failure to make reasonable adjustments Justification not possible in either case Also unlawful: disability related discrimination harassment victimisation

Changing a policy, procedure or practice that could discriminate against a disabled person Making adjustments to employment arrangements for disabled people Removing physical barriers to access for disabled people Part II Reasonable Adjustments

How do I decide what is reasonable? • How effective is an adjustment going to be? • What resources are available to me (financial, staff, expertise)? • How practical is it?

How do I decide what is reasonable? - cont. • Take advice • Record how you make decisions • The decision about what is reasonable rests with the employer or the service provider NOT the disabled person

Recruitment – What to do – Medical Issues Some disabled people won’t be suitable because of medical issues BUT: • Don’t make generalised assumptions • Make ‘rounded’ decisions, not JUST medical evidence • Consult the disabled applicant • Don’t informally operate blanket bans

Recruitment – What to do – POEST’s You set standards BUT: • They must fairly reflect the requirements of the job • You must have provision for making reasonable adjustments to the tests • Test centres must be aware of their DDA duties

Retention The DDA requires you to make every effort to make reasonable adjustments to enable you to retain staff who become disabled. The incidence of disability increases with age – also higher in the Fire Service due to type of work

Retention – The Issues Keeping firefighters operational Sickness absence Redeployment Pensions/ill health retirement

Retention – Keeping Firefighters Operational This should be your first aim Consider: what are the risks? what adjustments can I make? How do I monitor the situation?

Retention – Sickness absence - Barriers Lack of management will to accommodate disabled firefighter on their team Failure to understand barriers and solutions and a concentration on the medical aspects of disability Fear of litigation, leading to lack of contact from or with the disabled firefighter Assumption that someone cannot return until they are 'fully fit for duty'

Retention – Redeployment New definition of firefighter allows greater creativity in re-deployment Consider posts that are commensurate with skills and experience Can you pay them less – it depends! Keep them in the pension scheme if possible

Retention – Pensions/ill health retirement The amendments to the Firefighter's Pension Scheme allow the Fire Service to comply with its duties under the DDA. DDA duties take primacy over the Pension Scheme regulations. Managers of the Pension Scheme and Fire Service managers need to fully understand the DDA and the duties it imposes upon them (refer to Section 10 of the DRC’s Statutory Code of Practice on Employment and Occupation).

Case Scenario 1 Routine health check identified mild asthama Line Manager says its not safe for firefighter to wear BA as this may make condition worse Firefighter want to stay operational

Case Scenario 2 Firefighter with HIV Told she cannot work at RTA’s because of cross-contamination risk Barrier protection – works both ways!

Specific Issues for the Fire Service • Need to understand health and safety and risk assessment issues to avoid discrimination • Need to adopt creative thinking and ‘can do’ approach • Need to ensure service does not get bogged down in ‘process’ • Need to treat people as individuals

What we can offer you Our FREE Helpline Telephone 08457 622633 Textphone 08457 622644 Website - www.drc-gb.org Monthly Email bulletin – subscribe via our website DRC website - www.drc-gb.org

Firefighters and the DDA – What does it mean for The Fire and Rescue Service?