Disability Discrimination Policy
DISABILITY DISCRIMINATION POLICY
The Disability Discrimination Act 1995 (DDA) is defined as ‘A physical or mental impairment, which has substantial and long term effect on an employee’s ability to carry out normal day to day activities’.
- Progressive illnesses such as Cancer, HIV and Multiple Sclerosis are considered a disability in the meaning of the Act from the point of diagnosis.
- Long term means that it has lasted or is likely to last for 12 months or longer.
- A condition does not have to be clinically recognised in order to meet the criteria of a mental impairment.
- Normal day to day activities including impact on mobility, manual dexterity, physical coordination, ability to lift or carry, speech, eyesight, memory or the ability to concentrate and an altered perception of risk or danger.
The Informal Process
Trash UK will make reasonable adjustments for those employees who have a disability, as defined by the Disability Discrimination Act 1995 (DDA), where the disability is affecting their performance. These adjustments will be made before any formal process commences, if necessary external specialist advice will be sought as to the nature and the extent of any required adjustments.
The capability process is primarily a supportive one and your Director will meet with you as part of the performance management process and set out the areas where improvements need to be made by the employee or the company.
The company aims to resolve the majority of capability issues through support, coaching, on the job training or external training and aims to improve an employee’s performance within 6 months of the issue being identified.
The Formal Process
Following the informal process, if after 6 months the capability of the employee has not improved or measures to support or train the employee have failed, the formal process will be activated by a Director.
Stage One Capability Meeting
Following this meeting a stage one capability outcome letter and a formal recovery plan may be issued which will be held on file for a period of 6 months. There is no right to appeal as this is not a warning, this stage would not be shown on any references should you leave the company.
Stage Two Capability Meeting
Following this meeting a stage two capability outcome letter and a formal capability warning and recovery plan may be issued which will be held on file for 12 months. There is a right to appeal as this is a formal process and you will have the right of accompaniment at this meeting. This stage could be shown on any references should you leave the company.
Stage Three Capability Meeting
Employment may be ended at this stage of the process. There is a right to appeal and you can be accompanied at both the meeting and the appeal.
If employment is ended, notice will be with pay and will be on the grounds of performance capability. This could be shown on any references provided to the future employers.
January 2022