Hampshire Fire and Rescue Service

Personnel Committee Item

1 December 2004

Part II of the Disability Discrimination Act (DDA) 1995 as it applies to the Fire Service

Report of the Chief Officer

Contact: Jennifer McNeill, Head of Human Resources Tel : 023 80 64 4000

1

Summary

1.1

The Disability Rights Commission (DRC) and the Chief Fire Officers Association (CFOA) have established a reference group to advise Fire Services on employment matters relating to the introduction of the Disability Discrimination Act (DDA) to the Fire Service on 1 October 2004. A first draft guidance document was issued to all fire and rescue services in July, for their comments by 31 August 2004. The Human Resources and Development Group (HRDG) SE Region submitted a regional response to the DRC, collated by HFRS. Our main focus was the potential impact and implications regarding operational and occupational health aspects of the service we provide.

1.2

This report identifies some of the implications for fire and rescue services as they relate to the operational element of our workforce and these were included in our return to the DRC from the SE Region. Final draft guidelines have now been circulated to all fire and rescue services and these guidelines will be officially launched in January 2005.

2

Contribution to Corporate Aims, Objectives and Key Tasks

2.1

In principle, the removal of exemptions from the DDA for fire and other services is an important step towards creating a diverse and representative workforce. In particular, the focus on creating a fair, safe and accessible working environment for our current and future employees is relevant and disability, in whatever form, does not necessarily need to be an impediment to carrying out a safe and fulfilling career within the fire service.

The organisational impact of the DDA aligns with other equality issues which can be genuinely addressed following the change in the Appointment and Promotion Regulations as well as the impending changes to the DDA. In raising our own awareness about disability and providing positive and proactive support and facilities to current and prospective employees, we will be better placed to reflect the community we serve and achieve the defined levels of our Equality Standard.

2.2

The guidance, when finally issued, will provide information and examples for individual fire authorities to consider when making judgement decisions on a particular situation. Every case or situation regarding disability in the workplace will need to be considered on its own merits and each will be a matter for us to manage in accordance with the legislation and best employment practice. There are already a significant number of cases which have been successfully brought against employers outside the fire service by the Disability Rights Council and these will inform the guidance we need to put in place locally. It will be our responsibility to develop sound policies and procedures for managers to follow and provide training, awareness and advice on the practical implementation of this to ensure we comply with the legislation which took effect in October.

3

Best Practice and Legislative Framework

3.1

The National Framework Document reaffirms the commitment of the Office of the Deputy Prime Minister (ODPM) to equality and diversity. It took the view that the introduction of flexible working practices, improving opportunities for people from under-represented groups and operating best practice in recruitment, promotion, disciplinary, sickness and ill health retirement procedures were key elements in a modern fire and rescue service.

3.2

The Audit Commission via the Comprehensive Performance Assessment (CPA) will be scrutinising fire services' performance and seeking evidence of compliance with statutory codes of anti discriminatory practices, progress against non-statutory equality standard for local government and of the delivery of results and improvements.

3.3

The Government's White Paper on the setting up of a new Commission for Equality and Human Rights (CEHR) in 2006 proposes that in addition to the existing duty to promote race equality (introduced through the Race Relations (Amendment) Act 2000), it will introduce parallel duties in respect of gender and disability.

3.4

The Integrated Personal Development System (IPDS) identifies `equalities' as an essential and assessable competence / skill and focuses fire services' attention on the behavioural standards it expects with regard to leadership, management and personal conduct.

4

Impact on Fire and Rescue Services

4.1

There are certain issues that will be contained in the final document, but which are still being refined, namely :-

· point of entry selection tests (as they relate to people with a disability)

· medical standards (draft guidance for consultation expected)

· pension issues

4.2

Previously, the DDA only applied to those employees who were not operational firefighters conditioned to the Grey Book. The greatest impact for us now will be on the recruitment, retention and employment practices of our operational employees. Of particular relevance is our duty to provide operational firefighters with suitable adjustments to their working practices, equipment, training schedules etc. to enable them to continue with their operational activities and progress to higher roles.

5

Issues for Consideration

5.1

We are aware that there are areas that will need careful consideration including :-

· Reasonable adjustments - looking at each case on its own merit and defining what is `reasonable' and what adjustments can be made to enable an individual to remain employed, considering our size and resources as an employer and the risk assessment to the individual as well as the service of implementing this

· Competent firefighter - how this relates to `competence' as defined by the Integrated Personal Development System (IPDS) where the common expectation for a firefighter would be that they are competent and capable of using all items of equipment and where there is a genuine case to make a `reasonable adjustment'

· Deployment of firefighters with disabilities impacting on essential competencies associated with roles per IPDS and team limitations where operational / individuals are detached / cross boundary working

· Definition of `reasonableness' when considering ill health retirement or termination of employment - considering the wishes of the individual as well as the needs of the service. Access to the Firefighters Pension Scheme is now likely to be more limited as reasonable adjustments will not automatically trigger consideration of an ill health retirement

· Developing a sensitive method of identifying the skills and competencies without `stigmatising' people with disabilities

· Recruitment and retention decisions made on an assessment of an individual against medical guidance rather than a prescriptive `pass/fail' criteria

· Reviewing training procedures and management arrangements to cope with a new situation where the previous expectation that everyone is able to do the same no longer applies

· Development of routine equality impact assessments (EIAs) of current and developing recruitment and retention processes and other policies - at a local, regional and national level

6

Resource Implications

6.1

Human Resources

The impact on our managers and employees will be commensurate with the impact of any major new legislation impacting on the fire service. The particular focus here will be to review our policies and procedures; prepare and deliver training / awareness programmes; monitoring and reviewing our activities against procedures and expected practices and providing support and advice from HR and occupational health professionals.

A further implication is that employees who currently meet the criteria for ill health retirement are likely to remain in employment and this will impact on forecasting of retirements and planning for new entrants to the service.

6.2

Physical Resources

This is still to be quantified but is likely to impact primarily on recruitment, training and assessment tools and processes; new or revised operational equipment where reasonable adjustments may have to be made to accommodate particular needs.

6.3

Financial Resources

Although grants may be available to assist with reasonable adjustments, it is envisaged that financial provision may have to be considered for the introduction and maintenance of any new equipment to meet this requirement. This may lead to a need to increase the operational equipment budget. Clearly, not all disabilities will require adjustments or financial support.

7

European Convention on Human Rights and the Human Rights Act 1998

The proposals within this report are considered compatible with the provisions of the European Convention on Human Rights, the Human Rights Act 1998, and the Race Relations (Amendment) Act 2000.

8

Recommendations

1

That the Personnel Committee notes the change to employment legislation that took place in October and the potential impact on service delivery.

Section 100D - Local Government Act 1972 - Background Papers

The following documents disclose the facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of the report.

Draft Guidance Document - The Disability Rights Commission (DRC)

Note: The list excludes:

(1) Published works

(2) Documents that disclose exempt or confidential information as defined in the Act