From the Teacher Support Network, www.teachersupport.info.

APPLYING THE DISABILITY DISCRIMINATION ACT
What do ‘reasonable adjustments’ mean in practice?

By the Department for Children, Schools and Families
There is a common perception that the Disability Discrimination Act refers only to physical disability. But the Act also provides for mental health conditions that prevent a person from carrying out their normal work.

The Act makes it clear that employers cannot discriminate against an employee on the grounds of a disabling mental health condition. The employer must make reasonable adjustments to accommodate the needs of an employee whose mental health condition lasts longer than 12 months.

But what do ‘reasonable adjustments’ mean in practice? Here’s an example which may help to understand the possibilities:

A member of staff who has been struggling with a combination of stress, anxiety and depression consults his/ her General Practitioner (GP). They decide that a period of sick leave is appropriate while some medication and counselling is tried. A sick note is handed in to the school and on receipt the individual is referred to the Occupational Health Service.

The Occupational Health adviser carries out an assessment to decide if work was a major contributing factor and if there are any barriers to an early return to work. The individual is encouraged to stay in close contact with the school and recommendations are made to overcome the barriers.

As soon as the individual and their GP consider that they will be ready, a structured meeting must take place where a return to work plan is agreed and ongoing reviews are scheduled. What adjustments could be considered?

  • Phased return to work, forexample, the individual workingin a job-share arrangement withthe supply teacher or temporarystaff member who has beenemployed in their absence
  • Adjusting the timetableallowing flexible working hoursfor a defined period (1)
  • Ensuring the full planning,preparation and assessmentallocation is protected forteachers during a return towork phase i.e. 10 per cent oftimetabled teaching hours
  • Introducing additional classsupport for a defined period oftime (e.g. teaching assistant)
  • Providing a confidential mentor
  • Reassigning extra-curricularactivities or additionalresponsibilities
  • Perhapsthe individual helped out indrama productions, or wenton field trips.
Any or all of these (and they are just a few examples) could be construed as ‘reasonable adjustments’ within the Act. Clearly, they will require discussion, flexibility, and a willingness to entertain change.

It is important to note that in the example above, adjustment is made even though long term absence has not yet occurred. This is because the condition was likely to continue for longer than twelve months and could therefore be considered as qualifying under the Act. Even without the discretion afforded by the Act it would still be appropriate for adjustments to be made to reduce the impact on personal well being and on pupil and school performance.

Footnotes:
1 As a rule of thumb, adjustments should initially be in place for 6 weeks and then reviewed before deciding next steps.



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