Disability

  1. Definition
  2. Equality Law
  3. Policy & Guidance
  4. OU Resources
  5. External Resources

Definition

A person has a disability if they have a physical or mental impairment which has a long-term and substantial adverse effect on their ability to carry out normal day-to-day activities.

Physical or mental impairment includes

  • Sensory impairments such as those affecting sight or hearing.
  • Mental impairments covers a wide range of impairments related to mental functioning, including mental health conditions, dyslexia and other impairments referred to generically as learning disabilities.
  • Hidden conditions such as, diabetes and epilepsy.
  • Medical conditions such as cancer, HIV infection, and multiple sclerosis.
  • Severe disfigurement.
  • Progressive conditions and fluctuating and recurring conditions — in certain circumstances.

Long-term means that the impairment has lasted or is likely to last for at least 12 months or for the rest of the affected person’s life.

Substantial means more than minor or trivial.

Day-to-day activities includes activities such as walking, driving, using public transport, cooking, eating, lifting and carrying objects, writing, going to the toilet, talking, listening etc.

In most circumstances, a person will have the protected characteristic of disability if they have had a disability in the past, even if they no longer have the disability.

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Equality Law

Equality Act 2010 (Applies in England, Scotland and Wales)

Protected characteristic

Disability is a protected characteristic under the Equality Act 2010.

Protection and functions

Protection is provided against discrimination, harassment and victimisation on the grounds of disability and applies to employment, education, the provision of goods, facilities and services, the management of premises and the exercise of public functions.

The following forms of discrimination apply to disability

  • Direct discrimination (including discrimination by association and discrimination by perception)
  • Indirect discrimination
  • Discrimination arising from disability
  • Failure to make a reasonable adjustment

Direct discrimination generally cannot be justified.  However, it is not unlawful to treat disabled people more favourably than a non-disabled person.  

The duty to make reasonable adjustments affects us as an employer and provider of education.  The reasonable adjustment duty applies to

  • Provisions, criteria or practices
  • Physical features
  • Auxiliary aids

This means protection related to disability for people seeking work, current and former employees in terms of

  • Job recruitment
  • Access to benefits and services
  • Treatment they receive

This means protection related to disability for enquirers, current and past students in terms of

  • Student registration
  • Access to benefits and services
  • Treatment they receive

Public sector equality duty

Disability is included in the public sector duty under the Equality Act 2010 which means we have to have due regard to the need to

  • Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act.
  • Advance equality of opportunity between persons who share a relevant characteristic and persons who do not share it.
  • Foster good relations between persons who share a relevant protected characteristic and persons who do not it.

Disability Discrimination Act 1995 (Applies in Northern Ireland)

The Act provides protection for disabled people against discrimination on the grounds of disability in the areas of

  • Employment and vocational training
  • Goods, facilities and services
  • Education
  • Premises
  • Transport 

The following forms of discrimination apply to disability

  • Direct discrimination
  • Disability related discrimination
  • Failure to make a reasonable adjustment
  • Victimisation
  • Harassment

Indirect discrimination is not dealt with explicitly, however it is addressed by the combined effect of the direct discrimination provisions and the duty to make reasonable adjustments.

The duty to make reasonable adjustments affects us as an employer and provider of education.  In employment, we have a duty to make reasonable adjustments if a disabled person is placed at a substantial disadvantage – it is a ‘reactive’ duty.  Whereas in education, the duty to make reasonable adjustments is anticipatory and reactive.  The duty applies to:

  • Provisions, criteria or practices (other than competence standards)
  • Physical features

Where the duty arises, failure to make reasonable adjustment cannot be justified.

Section 75 of the Northern Ireland Act 1998 (Applies in Northern Ireland)

The protected characteristic of disability is subject to the duty placed on public authorities (which includes the OU) to have due regard to the need to promote equality of opportunity between

  • Persons of different age, religious belief, political opinion, racial group, marital status or sexual orientation
  • Men and women generally
  • Persons with a disability and persons without
  • Persons with dependants and persons without.

This entails more than the elimination of discrimination and requires proactive measures to be taken to ensure equality for disabled people in our policies and decision-making.

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Policy & Guidance

Equality Scheme

Disability is one of the protected characteristics within our Equality Scheme.

Equality objectives

Two of our nine equality objectives are focused on disability

  • Equality Objective 2 — increase the satisfaction of disabled students.
  • Equality Objective 6 — increase the satisfaction of disabled staff.

Equality Objectives are published in Appendix 1 to our Equality Scheme.

Recruitment Guidance

The University’s Effective Recruitment and Selection Guide for Selectors provides practical advice on fair, efficient and effective practice in the recruitment and selection of all categories of staff, in line with our equality and diversity policies.  OU staff can view the guide on the People Services intranet site.

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OU Resources

Monitoring Reports

We publish reports annually that provide comprehensive monitoring information, including data tables and charts related to governance, staff and students, across a wide range of participation and progress indicators at an institutional level.  View the monitoring reports

Staff Resources

EnablingStaff@OUNetwork

The EnablingStaff at OU Network aims to promote the integration of disabled staff in the workforce, by supporting disabled staff and their colleagues.  Membership is open to anyone who is employed by The Open University in any capacity wherever they are based.  Staff can contact the network by emailing [email protected]

OU Staff can find join various forum discussions on the EnablingStaff@OU webpage.  Here you can seek and offer advice and guidance on disability related issues, including software support, and raise awareness of disability related events.   

Employee Assistance Programme

OU Staff have access to the Employee Assistance Programme (EAP) which is a support/ counselling service provided by Wisdom Health Assured for the OU. The EAP covers a range of issues such as sickness, family issues, finances etc.

Online staff resources

A number of online are offered to staff on the EDI intranet site via the enabling staff  providing information and guidance on a broad range of disability related issues. This information can be found on the staff intranet site

Student Resources

Information about support offered to disabled students is published on the Services for disabled students website.  

For general study skills resources, visit Study skills website. 

Further disability information is available online to students from the Help Centre on Student Home.

Our website aims to achieve W3C WAI Priority 2 level and we publish information about accessibility of our website. 

Open SU connects students with support, resources, opportunities, and each other. 

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External Resources

  • Equality and Human rights Commission 
    For information about your rights related to disability, browse under 'Human Rights'.  For guidance for education providers and information about the public sector equality duty, browse 'Guidance for Public sector'.
  • Equality Commission for Northern Ireland 
    Browse under ‘NI equality legislation' (scroll down to bottom of page) for information about equality law related to disability. Please see Public authorities tab for guidance for public authorities in Northern Ireland (section 75, disability duties, and employer guidance).
  • Advance HE 
    Browse support available for disabled people including the Disabled Student Commitment.

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