Creating a fairer Britain
05 October 2011
Mike Smith, Commissioner at the EHRC and Chair of its Disability Committee, said:
'The Commission supported the case of Jane Cordell because we know how important it is that reasonable adjustments are provided to allow disabled people to participate fully in the workforce and realise their potential.
'As the Commission’s 2010 report 'How Fair is Britain' showed, disabled people face barriers in the workplace that others don’t. For example, only around 50% of disabled people are employed compared to 79% of non-disabled adults.
'I am concerned that the outcome of this appeal sends the message that disabled people should not expect to get to the top of their profession, if they have significant support needs. I call upon the government and employers to develop new and creative ways of delivering support for disabled people, so that everyone in employment can maximise their contribution to both their employer and society.
'Later this year the Commission will launch the next phase of our Working Better programme, which will show employers how to design new ways of working and use flexible working practices to open up better opportunities for disabled people.'
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Jane Cordell is profoundly deaf and required a full time lip speaker as support for the political work she did at the foreign office overseas. She has been employed by the FCO since 2001. Between 2006 and January 2010 she was a First Secretary at the British Embassy in Warsaw. She was provided with a full time lip speaker to enable her to fulfil this role.
She applied for and was offered the post of Deputy Head of Mission in Kazakhstan. The offer was conditional on an assessment of reasonable adjustments in accordance with the FCO’s reasonable adjustments policy which had been changed while Jane was working in Warsaw. It now required special consideration of any adjustments over £10,000.
The FCO assessed the adjustments at £695,000 for a two year posting and £990,000 for three years. The FCO did not consult any support workers when making this assessment.
Jane had made her own assessment of her adjustment needs and calculated that they would cost between £100,000 to £200,000 per year. She consulted support workers when making this assessment.
The post was subsequently offered to the second place candidate due to the costs involved. The FCO also argued that continuity of support could not be guaranteed in Kazakhstan.
Jane brought a claim of discrimination based on disability against the FCO. This claim was dismissed as was her appeal.
The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.