TUDA News
August
2008 Liberty special
Inside
this issue É
Page
1 Liberty
Page 1 NEWSFLASH
Disability Discrimination
Extended to Carers
Page
3 TUDA
AGM,
Page
4 The
Office of Disability Issues (ODI)
Page 5 UN Convention
Page
5 D.A.N
Action Report
Page
5 Changing
Faces
Page
10 How
to join TUDA
This edition of the Trade Union Disability Alliance (TUDA) Newsletter is
published to celebrate the London Liberty Festival, Saturday 30th
August 2008.
That festival is intended to celebrate the
contribution of Deaf and disabled people to London's culture.
Come
and join us at Liberty. Alongside all of the Deaf and disabled artists and
performers, TUDA, the organisation of disabled trade union members, has a
presence at Liberty.
Please
ask us questions, please find more about the role that your trade union can
play in supporting you, and allowing you to fully participate, not only in the
workplace, but in wider society.
Please
read this newsletter to find out more about who we are. Please visit our
website, www.tuda.org.uk, and
please join TUDA.
We
look forward to seeing you at our stall.
NEWSFLASH Disability Discrimination Extended to Carers
In
Coleman -v- Attridge Law, the European Court of Justice (ECJ)
considered whether EU discrimination law covering the disabled applied to
people not themselves disabled but closely associated with a disabled person.
The ECJ decided that it did. This is a very important development of the
Disability Discrimination Act (DDA) and, indeed, all discrimination law.
The
Facts
Ms
Coleman claimed that she was both
discriminated against and harassed into resigning from her job after giving
birth to a severely disabled son. Her employer refused to allow
her to return to her existing job after her maternity leave; called her ÒlazyÓ
when she sought time off to care for her son and refused her the same flexible
working arrangements as colleagues with non-disabled children. Ms Coleman is not disabled but asserted
that her relationship with her son, who is, afforded her the protection of the
DDA. As drafted, it did not. She
sought to argue that the DDA does not properly apply the Equal Treatment
Directive and, so, the issue was referred to the ECJ.
The Decision
The ECJ decided that people who are not themselves disabled
may rely on legislation prohibiting direct discrimination on the grounds of
disability. The claimant must establish facts from which it may be presumed
that there has been direct discrimination on the Ògrounds of disabilityÓ. The
respondent then has the burden of proving that there has been no
discrimination.
The ECJ directed that, where an employee provides the
primary care for a disabled child, an employer must treat that employee, who is
not herself disabled, no less favourably than another employee in a comparable
situation. The less favourable treatment will be regarded as being based on the
disability of the child and so contrary to the disability discrimination
legislation.
The allegation of harassment was
also considered and, again, the ECJ concluded that the DDA should protect those
who are not themselves disabled but are associated with a disabled person..
Where an employee in the same situation as Ms Coleman suffers conduct amounting
to harassment the employer is responsible.
Wider
Impact
This decision places disability
discrimination on a level playing-field with other forms of discrimination such
as race, sexual orientation or religion in the case of all of which
discrimination by association is already prohibited. This case will extend this
prohibition to sex and age discrimination bringing a consistent approach across
the different strands of discrimination.
TUDAÕs
AGM was a lively and well attended day, which covered a range of contemporary
issues in the disability movement.
Julie
Newman
Chair of UKDPC spoke about the challenges and changes confronting the
organisations.
Liz
Sayce
Chief Executive of RADAR spoke more generally about key political issues for
disabled people. People think disability
equality is ÔdoneÕ. We DO have disability rights law – now we need to
make it central in new developments: 3 million new homes, future of social care,
meeting BritainÕs skills shortages, employment and child poverty targets,
justiceÉÉ
For
which we need wider alliances e.g. on independent living – women and
carersÕ organisations, social care organisations, unions, and business. We need
to: go beyond the idea that disability led means ONLY disabled people involved;
be at decision-making tables; Scrutiny nationally and locally
Local
solutions e.g. challenging eligibility criteria Harrow, Lewisham. Influencing
housing, building control, transportÉA groundswell: disabled people and trade
unionists using DED and influence
Richard
Howitt MEP
long time disability campaigner spoke about recent developments in Europe
– in particular the prospect of a European Directive (law) banning
disability discrimination in goods and services – which will bolster some
aspects of our UK law – and spread rights throughout Europe
Henrietta
Spalding Head
of Professional Development, Changing Faces gave a fantastic talk on the
problems confronting workers with facial disfigurement – amazing how the
barriers are so similar for all disabled people – Prejudice is prejudice
I guess. In terms of support from the unions - it would be great if we could
raise their awareness of the challenges that workers with disfigurements face
and
How
they might help support individuals both through access to good information and
support e.g. through Changing Faces but also by encouraging employers to
develop best practice in terms of service delivery - again we can provide
guidance on this.
An
inspiring day – and great to have delegates from Scotland Northern
Ireland and all over England. Next year weÕll add in some Welsh delegates!
The
Government has just published the Independent Living Strategy. This is a
cross-departmental strategy.
The National Centre for Independent Living said in their press release
ÒNCIL believes the strategy contains an array of interesting ideas and measures
to tackle barriers to disabled peopleÕs equality and independenceÓ. The pan-departmental approach outlined
in the strategy is a welcome step forward bringing about equality of access for
disabled people in areas such as housing, education, employment, benefits,
leisure opportunities and health and social care support. However, NCIL is
disappointed that there is no commitment to legislation to guarantee disabled
people the right to reach their full potential as equal citizens.
The
Office of Disability Issues (ODI) is holding a number of consultation events around
the country so here are your chance to say what you think about the Independent
Living Strategy.
Alternatively, the ODI will take written, audio and spoken responses as
well. There are
two events that have been organised: 4th June Brit Oval in
London The Live
Group Tel No: 0208
481 3317 Type talk: 1800-1020-84813317 Website:
livegroup.co.uk/independentliving Email address: odi.independentlivingconference@livegroup.co.uk
The
consultation seeks views on how to involve disabled people in the
implementation and monitoring of the GovernmentÕs Independent Living Strategy.
For example, two possibilities are:
Setting
up an Independent Living Scrutiny Group, to monitor – at a national level
– annual progress on the Strategy
Supporting
networks of disabled people to be involved at regional and local levels in
implementation and monitoring of the Strategy.
Respond
by: 20 June 2008. You can
respond by post or email:
Address: Independent Living Review, Office
for Disability Issues, The Adelphi, 1-11 John Adam Street, London, WC2N 6HT
Telephone:
0207 712 2845 Textphone:
0207 712 2032
There
will be a lobby on this strategy on 11th June at the House of Commons from 2-4.
This will be preceded by a rally outside Downing Street from 11 onwards. This
is being co-ordinated by our lives our choices. Key demands are for a
legislative right to independent living, an end to the current lottery of
social care provision to save DLA and Attendance Allowance.
The strategy includes pledges to: review charging against the disability
equality duty
remove disincentives in the benefits system to taking up public appointments
and initiatives to promote better understanding of independent living, boost
disabled peoples leadership and involvement and develop user led advocacy and
brokerage.
The
radical reform programme disabled people want is not included in the Human
Rights Ratification
but with
reservations on a number of key areas.
This is totally
unacceptable
as it signals that the UK is committed to the continuing abuse of our human
rights.
A new
petition has been set up on the Downing Street website to address this issue
at: www.petitions.pm.gov.uk Please sign and circulate widely to your networks
D.A.N
Action Report - 17th April 2008
Today
more than twenty disabled activists occupied the foyer of Adelphi House, where
the Department of Work and Pensions is based. At 1.30 p.m. campaigners breezed
in, taking over the foyer, leafleting and asking to hand deliver a letter to
James Purnell, Secretary of State for the Department of Work and Pensions.
Members of D.A.N. the Disabled people's Direct Action
Network refused to leave until a meeting was arranged with James Purnell to
discuss Incapacity Benefit and the changes which are forcing one million
disabled people into poverty and unpaid work placements. James Purnell was out
of the country, so D.A.N. activists met with representatives from the DWP and
Sally Witcher from the Office for Disability Issues and held long
discussions.
The result of these discussions is, D.A.N. have been promised a meeting with
James Purnell, the date of which is to be confirmed. ÒWe are very confident
that the meeting will happen as we have promised to come back for another visit
if it doesn't.Ó
Changing
Faces
– Henrietta Spalding talked to delegates at the TUDA AGM and Conference
on the 26th April, 2008.
Henrietta
Spalding head of professional development for Changing Faces – the way
you face disfigurement.
Henrietta
explained that disfigurement is the generic term
for
the aesthetic and/or functional
effect
of scars, asymmetry, paralysis,
surgery
on face, hands and body
from
any cause
birth
condition
accident/trauma
cancer
treatment
eye
conditions
skin
conditions
facial
paralysis (including BellsÕ Palsy
Henrietta
informed us that The definition of disability under the Disability
Discrimination Act has been extended to include people with disfigurements as
it is recognised that society discriminates against them as much as any other
disabled person. In fact in many
cases Facial disfigurement is sometimes thought/assumed to be the very worst
thing that can happen – the face is, after all, where we look, express
our feelings, laugh, our fortuneÉMedical interventions (e.g. plastic surgery
after burns) can sometimes make disfigurement less conspicuous but it can
rarely be removed. This results in
everyday social encounters (making friends, going to shop, travelling on bus),
other peopleÕs reactions can vary from: Staring, Pity, Curiosity,
Embarrassment, Avoidance, and Name-calling, prejudice and discrimination. Individuals report many different
experiences - based on their
appearance, often they are treated badly and unfairly. These can include
Inaccurate
assumption made at interview
Under
/ unemployment
Lower
expectations of performance by line managers
Lack
of opportunity of front line positions / promotion
Colleagues
questions
Negative
experiences – teasing, staring, questions, double-takes, names, exclusion
Colleagues
behavioursÕ - ridicule, ostracism, abuse
Changing
Faces has designed and proven a Òliving withÉÓ package of Òdisfigurement
life-skillsÓ involving:
F FINDING
OUT
A ATTITUDE-BUILDING
C
COUNSELLING
and ADVICE
E EXCHANGING
EXPERIENCES
S SOCIAL
INTERACTION SKILLS TRAINING
What
can employers do and how can trade unionists representatives help?
Ensure
their staff are informed and engaged in the issues that people with
disfigurement face.
Ensure
their staff are equipped to work confidently with people with disfigurement
Recruit,
retain and promote individuals with disfigurements fairly and equally
Provide
employees with disfigurements with access to a range of interventions based on
the Changing Faces model ensure their self-confidence
Deliver
best practice for all creating a culture of equality and inclusion
Changing
Faces,
as a Catalyst for Change, seeks to inform and encourage employers about the
effects of living with disfiguring conditions
Changing
faces can provide disfigurement confidence training to employers and their
staff
Changing
Faces can support companies in meeting their employees needs
Changing
Faces
can support companies to ensure that they deliver good practice in recruitment,
employment, retention and promotion for people with disfigurements
Website:
www.changingfaces.org.uk
Henrietta
concluded her presentation by telling delegates they were about to launch a
campaign shortly and would like trade unionists to help promote their
issues. Further information e
mail:infor@changingfaces.org.uk.
Just
a thought from the TUDA newsletter editor. Please let Richard Cook know! findcook@hotmail.com RichardÕs post address is 141 Vale Road
Northfleet, Kent DA11 8BX. In an attempt to try to save TUDA money and speed up
the provision of information, if you have e-mail (and we understand not
everyone does), would any TUDA members like to have all future newsletters via
e-mail? Thanks to those who signed up after reading recent newsletters. NB:
Views expressed in this Newsletter are not necessarily those of all the trade
unions represented on our Executive but reflect the opinion and policies of
most of them. Our website www.tuda.org.uk
also has lots of news and information. Please tell us of any issues you feel we
should cover. We encourage people to submit both information and articles for
inclusion so get writing if you can. TUDA Secretary Alan Martin, Membership
Secretary Sherrell Martin. Co-Chairs Ju Gosling & Caroline Gooding can be
contacted via our box number, BM TUDA, London WC1N 3XX. Email: mail@tuda.org.uk
This was the first joint seminar held by the disability committees
of the ICTU and NIC-ICTU entitled "Trade Unions - ensuring the rights of
people with disabilities in the workplace" The seminar was held at the
Crowne Plaza Hotel close to Dublin Airport on Friday 2nd and Saturday 3rd
November attracting over 40 delegates from both the Republic and Northern
Ireland.
Day
1 was chaired by Deirdre OÕConnor, Chair of the Republic of Ireland Disability
Committee. The first speaker was ICTU General Secretary David Begg. David
welcomed delegates and commended the work of all involved with ICTU and
NIC-ICTU regarding disability issues, particularly the Workway and Disability
Champions projects. He talked about a number of ongoing campaigns including
that for a 40 Euros per week Ôcost of disabilityÕ payment for disabled workers
and a payment equal to 100% of average industrial earnings for those disabled
people for whom work is not possible. (by the way,
Angela
Kerins, Chair of the National
Disability Authority talked about barriers faced by disabled people getting
into employment. She placed a lot of focus on the benefit trap and the fact
that people lose benefits and more importantly their medical cards if they earn
more than 120 Euros; this can be difficult to get back and presents a risk that
many are not prepared to take.
Angela
was followed by keynote speaker Gerard Quinn of the Irish Human Rights
Commission talking about the UN Convention on the rights of disabled people. it
was interesting to hear a view from the inside regarding the attitude to
disabled peopleÕs rights from countries around the world tinged with a hint of
some of the possible motives behind this. Questioned about which country he
felt was most committed to change and reform his answer was quite clear; China,
not the country that would have sprung into most peopleÕs minds.
The
dayÕs first politician was Gerry Mulligan who heads up disability issues in the
Office of the First Minister. He reminded delegates of IrelandÕs commitment to
a
measurable
improvement of the lives of disabled people by 2012. He talked about the 2005
Disability Discrimination Order, which is very similar in scope to the UK
Disability Equality Duty requiring public sector organisations to positively
promote employment of disabled people. In the Republic this has involved the
introduction of a 3% quota system. For further information on the content of
GerryÕs input see www.equalityni.org
and www.nisra.gov.uk
After
lunch Dave Parr, Disability Champion TUC Tutor gave a presentation about the
Disability Champions project, its history and progress to date. Almost 700
Champions trained in England, Scotland and Wales. The concept was well received and there were a number of
questions before the workshop activities to get the views of delegates.
Ann
McKernon, Equality Commission for Northern Ireland talked about a number of
cases that they had taken and reported both in and out of court settlements.
Some of these bore little resemblance to what delegates felt would be
reasonable compensation especially for the loss of a job.
Minister
Dr Jimmy Devlin, T.D. Mental health & disabilities was the final speaker of
the day. His speech commended the work of the trade unions and praised the ICTU
for Workway and Disability Champions@Work.
Day
2 was chaired by the NIC-ICTU Chair, Max OÕBrien, and the first speaker was
Irelands Disability Champions@Work project worker Jane Clare. Jane explained
the project and role from an Irish perspective. She has done a great job
adapting the training course to suit the legal and support system for
disability and disabled people in the Republic and will do a similar task for
the North. Her presentation led into some quality time for discussion and
debate with delegates and speakers alike. This was an excellent second day
following quite an intense day one which had lots of information for people to
take in and not much time for discussion. In the middle of the session Pauline
Ryder gave a presentation about the AHEAD project getting disabled people into
supported employment. She touched on a number of issues that linked very
closely to Disability Champions such as having a workplace advocate,
understanding the social model of disability.
This
was Max OÕBrianÕs final event as Chair of the NIC-ICTU disability committee and
it was very fitting that it should be a joint venture. Tribute was paid to Max by a number of
the participants who wish him well for the future.
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