Download EIS Reps Handbook

There is a duty to make reasonable adjustments for disabled persons.Recruitment - Enquiries about disability and health prior to offering work or for thepurposes of including someone in a pool to be considered for work is not lawful.(Questionnaires may be permitted for monitoring purposes or to ensure reasonableadjustments during interview process.)Positive ActionPositive Action in recruitment and promotion practices of employers will now be allowed. Anemployer may be entitled to take a protected characteristic into consideration whenappointing if people with the protected characteristic are underrepresented or are at adisadvantage. This can only be done if the candidates are equally qualified.Trade/professional organisationsThe EIS is a trade organisation and is covered by the terms of the Act.EducationEducation is a service and therefore covered by the Act.EIS members will be required to comply with the legislation as employees of a public bodyor a body carrying out public functions. However, the responsible body will be the employer.In the case of schools this will be the local authority or the Board of a self-governing school.SchoolsSchools are not allowed to discriminate against pupils in relation to 7 of the 9 ‘protectedcharacteristics’ (age and marriage and civil partnership not included)in admission procedures;provision of education;access to benefits, facility or service;exclusion or;any other detriment.Harassment and victimisation apply to pupils.There is a duty to make reasonable adjustments.Further and Higher EducationFurther and Higher Education institutions must not discriminate (exception of marriage andcivil partnership)in the way it provides education for the student;in the way it affords the student access to a benefit, facility or service;by not providing education for the student;by not affording the student access to a benefit, facility or service;by excluding the student;by subjecting the student to any other detriment.Institutions cannot discriminate against a student on the grounds of disability.67September 2012