Delivering Equality for customers - Access to DWP
services
About these instructions
1. All DWP staff have a legal duty to comply with the requirements of the
Equality Act 2010. We have a legal duty not to discriminate against
customers who are protected by the Equality Act. Therefore, staff must
make sure they understand their responsibilities so that they know how to
recognise customers who may need additional support to access DWP
services; how to put the necessary support in place for customers and how
to ensure this is consistently applied.
2. “Customer” refers to any person or organisation that accesses our services.
(customer, client, claimant, citizen, employer, partner)
3. This guidance is to inform and raise awareness of:
The Equality Act 2010;
How the Equality Act affects DWP;
The Equality Actions you must take when dealing with customers who require
additional support;
How to provide a reasonable adjustment
Equality Act Accessibility checklist
4. Remember, you may have to do something different to enable a customer to
receive equal access to benefits and services.
5. Remember Employers are customers too and DWP engages with
employers to help them with their recruitment and job vacancies. If staff
identify or suspect potential discrimination in an employer’s recruitment
practices and/or submitted vacancies please see the UJ Discrimination
Guidance and/or UJ Discrimination Employer complaints guidance. DWP
provides Recruitment Guidance for employers to help avoid discrimination.
6. Further details about delivering Equality for customers, the Equality Act,
including the Public Sector Equality Duty, raising staff awareness and links
to D&E L&D can be found on the Delivering Equality for customer’s intranet
site.
What is the Equality Act?
Protected Characteristics
7. The Equality Act 2010 is a law protecting people from discrimination on the
basis of ‘protected characteristics’. The protected characteristics are:
Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation
8. The Equality Act protects these groups of customers from:
Direct discrimination
Indirect discrimination
Harassment
Victimisation
Types of Discrimination
9.
Direct discrimination happens where the reason for a person being
treated less favourably than another is because of a protected
characteristic.
10.
Indirect discrimination happens when a policy which applies in the same
way for everybody has an effect which particularly disadvantages people
with a protected characteristic.
11.
Harassment and bullying is unwanted behaviour that has the purpose or
effect of violating a person’s dignity or creates a degrading, humiliating,
hostile, intimidating or offensive environment. Under the Equality Act,
someone can complain about behaviour they find offensive even if it is not
directed at them.
12.
Victimisation takes place where one person treats another badly because
they make, or support, a complaint of discrimination. A person is not
protected from victimisation where he or she maliciously makes or supports
an untrue complaint. Only an individual can bring a claim for victimisation.
13.
Discrimination “arising from disability” happens when a disabled
person is treated less favourably because of something arising in
consequence of their disability, and where the treatment cannot be justified
by the person doing it. An example might be refusing a customer entry into
a DWP building with his/her assistance dog.
Compliance with the Equality Act 2010
14. To ensure DWP complies with the Equality Act, all staff must
Make sure there is no unlawful discrimination, harassment and bullying or
victimisation of customers with protected characteristics when they access
our services.
Make reasonable adjustments to enable disabled customers to access
benefits and use our services.
Complying with the legal requirements of the Equality Act 2010 is part of the
Civil Service Code. Therefore, any member of staff who fails to comply could
face disciplinary action.
If a customer is able to establish in a court that they have experienced
discrimination as defined in the Equality Act, they could be awarded
compensation. This could be awarded either against DWP or an individual
member of staff. Therefore, staff must take their responsibilities in regard to
complying with the Equality Act seriously.
Keep up to date and be aware of the Equality Act requirements for service
delivery
Communicating verbally with customers
15. Consider the words used when engaging with customers. To show respect
to customers, inclusive language should be used. Use the right language to
show commitment to preventing discrimination and promoting good relations
and equality of opportunity. All DWP staff have an active role to play to
promote equality and using the correct language can support this. Abusive
words and language with negative undertones must be avoided and
challenged if used by other staff or customers.
16. If a customer requests a reasonable adjustment, there is no requirement to
explain our internal processes to customers in relation to how we provide
reasonable adjustments. They should be informed of any relevant
timescales and it is recommend that staff discuss alternative reasonable
adjustments with the customer so consideration can be given to providing
the most appropriate way of enabling the customer to access benefits and
use our services
Complaints
17. DWP Guidance for dealing with complaints relating to Discrimination,
Harassment and Victimisation
Disability
The Definition of Disability
18. Only those disabled people who are defined as disabled under the Equality
Act are entitled to this protection. This Act says:
“A person has a disability
for the purposes of the Equality Act if he or she has a physical or
mental impairment and the impairment has a substantial and long-term
adverse effect on his or her ability to carry out normal day-to-day
activities.” The Equality and Human Rights Commission have provided
additional guidance on the definition of disability.
19. “Substantial” effect means, according to the Equality Act, an effect which is
more than minor or trivial. “Long term” is defined as ‘has lasted or is likely to
last at least 12 months
20. Cancer, HIV infection and multiple sclerosis are defined as disabilities;
21. An impairment which consists of a severe disfigurement would be
considered as having a substantial adverse effect.
22. Certain conditions are specifically
not to be regarded as “impairments” for
the purposes of the Equality Act. These are:
addiction to, or dependency on, alcohol, nicotine, or any other substance
(other than in consequence of i) the substance being medically prescribed or
ii) other medical treatment);
the condition known as seasonal allergic rhinitis (e.g. hay fever), except
where it aggravates the effect of another condition;
tendency to set fires;
tendency to steal;
tendency to physical or sexual abuse of other persons;
exhibitionism;
Voyeurism.
23. People with these behaviours or conditions are not therefore disabled under
the Equality Act. But remember, DWP may still have a specific policy
supporting these people (e.g., for those customers with drug and alcohol
issues) and they may also come within the DWP description of Vulnerability.
24. In addition, some people can be deemed to be disabled by specific parts of
the Equality Act. This does mean the law is complex.
25. The Equality Act also provides protection for non-disabled people who are
subjected to direct discrimination or harassment because of their
association with a disabled person or because they are wrongly perceived
to be disabled. If you are unable to resolve your issue or find an answer to a
particular question using these instructions please access the Bright Ideas and
Advice Homepage to post your query
Recognising a customer’s disability
26. For DWP, this is about deciding if a customer is disabled under the Equality
Act
in relation to accessing DWP benefits and services. This is not about
deciding questions relating to benefit entitlement or to benefit premiums, nor
for deciding what is appropriate for a customer in their claimant commitment
etc. In deciding benefit entitlement, medical evidence may be required.
Accepting that the customer is disabled under the Equality Act for the
purposes contained in this guidance simply means we will put in place
reasonable adjustments to enable the customer to access benefits and
services. Putting a reasonable adjustment in place does not impact on
entitlement to a disability benefit or premium.
27. In most instances, it will be clear without extensive discussion whether a
person has a disability. When there is any doubt, as to whether a
customer’s disability does meet the legal definition, do not challenge the
customer. Only a court or tribunal will be able to decide whether or not the
customer is disabled within the meaning of the Equality Act
28. To help recognise if a customer is disabled please consider the following:
Does the customer have (or appear to have) a physical or mental
impairment?
Is the condition excluded from the provisions of the Equality Act?
Does the customer have a past disability?
Does the customer have a severe disfigurement?
Does the customer have a progressive condition?
Does the customer have a recurring condition?
Is the condition long-term? This usually means that the impairment has lasted
or is likely to last at least 12 months, although there are special rules covering
recurring or fluctuating conditions.
Does the condition affect normal day-to-day activities?
29. Ask how you can help if a person says they are experiencing difficulties
because of a health condition or disability.
30. Be aware of hidden disability and hidden impairments.
31. Further information on who is defined as disabled under the Equality Act
can be found on the Equality and Human Rights Commission website.
32. Medical evidence should not generally be needed to confirm whether to
treat a disabled customer as disabled for the purposes of accessing benefits
and services. The customer’s statements on this matter as per the factors to
consider the above should be accepted. Insisting on medical evidence could
in itself lead to a claim of discrimination by a disabled customer.
General rules regarding access to benefits and services
33. Different protected characteristics have different impacts for customers
accessing our services.
34. The Equality Act protects the rights of disabled people not to be
discriminated against by those providing goods, facilities or services to the
public.
35. Additionally, the duty created by s.20 of the Equality Act to make reasonable
adjustments for disabled people covers all DWP programmes, services and
premises. The main areas likely to be affected are:
access to benefits and services
access to DWP premises
public access to communications and IT
access to programme providers and partners
accessibility of leaflets, public information and individual customer
communications
support to disabled people participating in DWP programmes
general customer care issues
36. If any of these areas are not readily accessible to disabled customers then
reasonable adjustments must be considered to enable easier access for
disabled customers. As such, the ability to identify disabled customers and
deal sensitively and efficiently with their needs is of prime importance.
37. Work has been done to review customer service to disabled people and to
build into processes and practices steps to ensure disabled people receive
a standard of service that is as close as possible to that received by non-
disabled people. Each DWP office, benefit and policy division is responsible
for ensuring this happens in their area of work. If you notice any process,
procedure or guidance that appears to conflict with, or fails to support this
duty, please contact your manger. If you are unable to resolve your issue or
find an answer to a particular question using these instructions please
access the Bright Ideas and Advice Homepage to post your query
Reasonable Adjustments
38. DWP has a legal duty under the Equality Act to make reasonable
adjustments in all the following circumstances:
Where a disabled person is at a substantial disadvantage in relation to a
relevant matter in comparison with a non-disabled person we must remove or
alter what we do to avoid the disadvantage. This could be a certain practice
or physical feature.
Where, but for the provision of an auxiliary (supporting) aid, a disabled person
would be put at a substantial disadvantage in relation to a relevant matter in
comparison with a non-disabled person we take reasonable steps to provide
the auxiliary aid or service.
Where the adjustment relates to the provision of information, .i.e. letters and
correspondence, then this should be provided in an accessible format. For
example this could be large print, braille, audio. It could also include the
contents being read to the customer by a friend, representative or a member
of staff.
39. The duty to make reasonable adjustments is
anticipatory: we must not wait
until a disabled person wants to use our services before we consider the
type of reasonable adjustments needed. We must anticipate the
requirements of disabled people and the adjustments that may have to be
made for them.
40. Every time that there is customer contact by phone, online or in writing, staff
must actively seek to find out if the customer needs additional support or a
reasonable adjustment.
41. What is a reasonable adjustment depends on the circumstances of the case
and will be specific to the needs of the disabled customer. DWP considers
the type of service being provided; our size and resources; and the effect of
the disability on the individual disabled person. A variety of reasonable
adjustments is available to offer to customers. See list below.
42. A reasonable adjustment can be put in place on a temporary, short term or
long term basis. For example, there may be a temporary situation affecting
the symptoms of the disability so the customers requires support now to
enable them to access benefits and services but may not require this
support when their circumstances change.
43.
Remember: you must record the reasonable adjustment so other
colleagues engaging with this customer will know what to do. This will
help to provide consistent service delivery and stop the customer
having to repeat their request. If the customer has to tell us twice, we
may have failed in our duty.
44. The requirement for a reasonable adjustment should be regularly reviewed
to ensure it continues to meet the needs of the customer and is in line with
the current range of support offered by DWP.
45. Please note that in all cases the Equality Act prohibits us from requiring
customers to pay to any extent the costs of making any adjustments.
Auxiliary Aids and Services
46. DWP must take reasonable steps to provide auxiliary aids or services to
ensure disabled customers are not disadvantaged in the level of service
they receive. Exactly what DWP should provide is based on the individual
customer and disability concerned.
Overcoming Barriers Created By Physical Features
47. The Equality Act requires DWP to ensure that disabled people can access
all the services they provide. A provider cannot offer a lesser standard of
service to a disabled person simply because of unsuitable premises. Where
a physical feature puts disabled customers at a substantial disadvantage
when using DWP services, reasonable steps must be taken to:
Remove the feature;
Alter it; or
Provide a reasonable means of avoiding it.
48. This means DWP must give consideration to our premises in terms of the
way they are accessed and organised. Where it is not possible for a
customer to access the full range of services on the usual premises, then
DWP must take reasonable steps to devise alternative ways to provide the
same range and quality of service. DWP cannot delegate its Equality duty to
the organisations we work with.
49. The providers/partner organisations that DWP work with must give
consideration to their premises in terms of the way they are accessed and
organised. Where it is not possible for a customer to access the full range of
services on the usual premises, then the provider/partner organisation must
take reasonable steps to devise alternative ways to provide the same range
and quality of service and comply with the Equality Act.
Benefit specific instructions
50. Examples of Benefit specific instructions in place are listed below. This list is
not exhaustive. These may go into more detail about the particular
arrangements and processes for that benefit. Please apply the relevant
benefit instructions for the individual customer.
JSA
State pensions
CMG
PIP
DLA
ESA
Work Coaches/ Work Service Managers
51. Any content within the correspondence which is time-bound or with a
deadline needs to take account of the potential delay for undertaking this
procedure so explain to the claimant/customer there may be a slight time
delay with this process. Extend any relevant response times / deadline
dates accordingly.
List of DWP Reasonable Adjustments
52. The list below covers the range of support available. If a customer requests
a reasonable adjustment that is not listed here and you are unable to
resolve your issue please acccess the Bright Ideas and Advice Homepage
to post your query.
53. When a customer requests a specific reasonable adjustment, it is very
important staff discuss the full range of options with the customer so they
are aware of what is available. This will help when arranging with the
customer the most appropriate way of helping them to access benefits and
use our services.
Audio/CD format: Providing Information in Audio/CD Format
54. If a claimant/customer requests communications/correspondence in audio
format it is very important staff discuss the full range of options with the
customer so they are aware of what is available. The customer will generally
know what communication format is most suitable for their needs but you
should discuss whether we can provide a better service by giving the
information in a different way, for example over the telephone.
55. If after discussion with the customer you agree audio is an appropriate
reasonable adjustment to put into place you should order audio
formats/CDs, by following the instructions in the Communication support
services guidance.
Audio Recording of Interview
56. Staff should also be aware that interviews can be recorded where it is
requested by a disabled claimant/customer as a “reasonable adjustment”
requirement under the Equality Act 2010. If necessary speak to your local
Disability Equality Adviser who can facilitate this. See the Recordings made
by claimants guidance for more information.
Braille: Providing Information in braille
57. If a claimant/customer requests communications/correspondence in braille,
it is very important staff discuss the full range of options with the customer
so they are aware of what is available. The customer will generally know
what communication format is most suitable for their needs but you should
discuss whether we can provide a better service by giving the information in
a different way for example by telephone (except in cases where the law
requires a written notification) or email (except in cases where the law
requires something to be done over the telephone or sent by post), when
regulations require this.
58. If after discussion with the customer you agree braille is an appropriate
reasonable adjustment to put into place you should order braille, by
following the instructions in the Communication support services guidance.
59. Local arrangements may be in place to get documents in braille. Please
read the rest of the braille section below before proceeding with the braille
request.
60. It is important that we provide braille consistently for customers. Therefore
the customer’s benefit record needs to be updated and noted with their
alternative format requirements to inform staff. Any manually/ locally
produced letters must be provided in braille following the instructions in the
Communication support services guidance.
61. In order to provide system generated letters in braille you first need to
intercept the system letters and should agree with the customer and obtain
consent that all notifications will be sent to the local office by using a care of
address/ correspondence address. This stops the standard letter being
issued to the customer in error. This does not have to be a Jobcentre, it will
depend on the benefits the customer receives. It maybe more appropriate
for a Benefit Centre, a Pension Centre, the DLA Alternative format team or
a local Alternative Format SPOC to be used for the care of address /
correspondence address. All notifications/ letters for all the customer’s
applicable benefits will come to that care of address, and so will need to be
actioned and braille provided.
62. We need the customer to agree to a care of address/ correspodence
address being applied to their records as this could potentially lead to
correspondence from Other Government Departments being diverted to the
DWP office. This is because information on the changed address will be
broadcast to CIS and from there broadcast to other DWP and OGD
systems. We need to make sure the customer is fully informed, explaining
the workaround and any potential impacts.
63.
Please have a verbal conversation with the customer clearly explaining
this using the consent wording below * (this can be done by telephone and
then update that this has happened on their benefit record)
*Consent wording for use of care of address/ correspondence address:
DWP are happy to correspond with you by braille as a reasonable adjustment
under the Equality Act. However this requires us to intercept the standard
system generated letters regarding your benefit being posted to you. Therefore
we need to inform you that that all your standard letters will be sent to the local
office by using a care of address. DWP officials will then arrange for the letter to
be sent to you by braille as your alternative format.
DWP computer systems broadcast relevant information to other Government
Departments in some circumstances. The way we use your information and who
we share it with is notified in full in our Personal Information Charter on GOV.UK,
if you would like a copy of this we can also send this to you in braille or you may
prefer to access this through a computer. Therefore there is a risk that using a
care of address could potentially lead to correspondence from Other Government
Departments being diverted to the DWP office.
Can we use a care of address for your correspondence to send your letters in
braille?
64. To use a care of address to intercept system generated letters for a
customer, update a named contact on the correspondence address and
please note it as Private and Confidential. Also update the notepad and
contact history explaining that
“All post to this customer must be supplied in
braille and the correspondence address has been set, please do not remove
it. Do not delete this note, please contact (named contact and number) if
you have any questions”
65. Please remember that anything in the notification/letter which is time-bound
or with a deadline needs to take account of the potential delay for providing
some types of alternative formats. Therefore please explain to the customer
there may be a slight time delay with this process. Extend any relevant
response times/ deadline dates accordingly.
66.
Please note: It is very important for staff to be careful when sending out the
braille letters to customers to ensure they stay intact. The braille letters must
be protected from any damage as they may become unreadable to the
customer.
Please do not fold braille letters in half, they must be sent out to
the customer in a protective envelope. Please use local arrangements to
ensure this happens.
British Sign Language (BSL) Interpreting
67. DWP has a responsibility to provide interpreters for claimants/customers
who are deaf, hard of hearing or speech impaired. The Interpreting Services
Instructions details how to support customers who require British Sign
Language Interpreters and also addresses other non-spoken languages
where communicator support is required.
Car parking facilities
68. If a customer has to travel by car because of mobility issues, consider the
car parking facilities at your office and if possible arrange a parking space
for the customer. If there is no car parking facilities then consider an
alternative way to enable them to access benefits and services
Changing the time and date of meetings and interviews
69. Consider whether the customer and the delivery of our services can be
supported by
changing the date and time of a meeting or interview.
Increasing the length (time spent) in the interview
70. If claimants/customers are unable to access, or travel to, DWP or partner
premises we will provide alternative interview arrangements: for example,
by telephone, at home or at another accessible location.
Changing location of interview
71. To make reasonable adjustments for customers with mobility needs the
office environment and other accessibility issues must be considered. For
example:
If the interview is to take place upstairs, is there a lift available?
Can you arrange to interview on the ground floor?
Can you arrange the interview at another suitable office?
Is there suitably trained staff available to carry out an emergency evacuation
if required?
Easy Read Format
72. Easy Read is an alternative format which gives people with learning
difficulties access to the same information as everyone else. It uses simple
language and images to make information easier to understand.
73. Easy Read is not normally appropriate for general communications, for
example a letter regarding a claimant’s benefit but more appropriate for
planned documents such as leaflets and signage. Remember: DWP aims to
make all its communications plain, clear and easy to understand.
74. If a claimant/customer requests communications/correspondence in Easy
Read as a reasonable adjustment, consider if you can provide better
customer service by using other means; for example, by telephone, face to
face interview or the use of an intermediary (including family/friends). You
should also take into account the information that has been requested in
Easy Read as not all information is suitable for Easy Read format.
75. Refer to the Communication Support Services guide for how to request
Easy Read.
76. Business Disability Forum briefing papers give practical disability related
guidance for employers on specific disabilities, including: learning
disabilities, Hidden Impairments: reasonable adjustments.
E-mail: Send Information to Disabled Claimants/Customers
77. DWP may need to use e-mail as a way to communicate with a disabled
claimant/customer to make sure that they can fully access our services.
Staff are allowed to provide email as a reasonable adjustment for a disabled
customer who requires it. The customer must give a valid and informed
consent to the use of e-mail so you must be sure that each individual
customer understands the risks of data being lost, intercepted or
manipulated once it has left our secure IT systems and this consent must be
recorded so that you can rely on it if challenged.
78. For more information, follow the instructions in the using e-mail as a
reasonable adjustment to communicate with disabled customers guide.
79. You
must follow security guidance- see: Electronic Communications with
Citizens Guidance. You
must also follow the DWP Records Management
Policy and any benefit specific process requirements. If you have any
doubts or questions contact the Knowledge, Information and Records
Management team or the Security Advice and Support Centre
Home Visits
80. To make reasonable adjustments for customers with mobility needs the
office environment and other accessibility issues must be considered. For
example it may be more appropriate to arrange a home visit.
Induction Loops
81. Induction loops let hearing aid user’s tune into what they want to hear
without background noise. The loop symbol should be displayed to tell
claimants/customers that a loop is provided (most DWP offices should have
rooms with induction loops).
82. Listeners adjust their own hearing aids for volume. Their hearing aids also
ensure that the range of tones is right.
Large Print: Providing Information in Large Print
83. If a claimant/customer requests communications/correspondence in Large
print, it is very important staff discuss the full range of options with the
customer so they are aware of what is available and also determine which
size font the customer requires. The customer will generally know what
communication format is most suitable for their needs but you should
discuss whether we can provide a better service by giving the information in
a different way for example by email or usingan intermediary (including
family/friend)
84. Large print means a minimum of 16 point in Arial or Univers font. If after
discussion with the customer you agree large print is an appropriate
reasonable adjustment to put into place you can order large print, by
following the instructions in the Communication support services guidance.
Local arrangements may also be in place to provide documents in large
print depending on the font size required. Check with your line manager.
Please note: enlarging documents on a photocopier to make the print bigger is
not an appropraite method to provide large print to a disabled customer.
85. If you require a leaflet or other formal publication in large print refer to the
Communication support services guidance for advice on how to get these
documents in large print for claimants/customers.
Paper - Types/colour
86. If you get a request from a disabled person for communications to be
printed on ‘white’ paper (as opposed to the recycled paper DWP use as
standard) you should provide this. You should hold a local stock of white
paper. Check that you do with your Line Manager, stationery or business
support team as appropriate
Postal claiming JSA
87. Claimants must be offered postal status if they have a mental or physical
disability, which restricts their mobility
Private Interview Rooms
88. We will arrange a private interview room or quiet area for those
claimants/customers attending a face-to-face meeting who have a specific
need, require additional support or who have requested this as a reasonable
adjustment. We will provide accessible interview facilities in DWP buildings
and/or on our partner premises.
89. Refer to internal processes for arranging interviews.
Representatives and Intermediaries
90. All types of disability and all customers with protected characteristics can be
supported by providing services through a representative or intermediary.
This can be done as a reasonable adjustment for disabled people and as
additional assistance where appropriate for any customer.
91. Some of our claimants/customers want or need to use a
representative/intermediary to help them access DWP services. If a
claimant/customer wishes to use a representative/intermediary to access
our services, then follow the Working with Representatives Guidance and
work with them. Note: you still need to be aware of the duty to protect
claimants’/customers’ personal information, and disclosing information rules.
If you feel a representative or intermediary would help the customer check
with them first; don’t make assumptions. The only exception to this rule is
that you can assume the representative/intermediary has the
claimant’s/customer’s permission where the implicit consent rules apply.
92.
Do:
apply the Working with Representatives Guidance;
treat each case on an individual basis;
make a written record of what was disclosed, to whom, and when – in all
cases; and
follow the guidance for bogus callers if you are suspicious of any enquiry.
93.
Do not:
disclose information if you have any reasonable doubt
be pressured into giving information – refer the call to your line manager;
assume written consent is for an indefinite period. The authority to represent
the claimant/customer is for a particular item of business; and
apply blanket policies in disclosing to representatives/intermediaries. In all
cases decisions must be made on an individual basis.
Textphones
94. DWP have in place TexBox (also known as Soft Textphone) to enable you
to communicate with a deaf or hearing impaired person.
95. A textphone is similar in function to a telephone except that the handset is
replaced by a keyboard and display screen. The call is made or answered in
a similar way to an ordinary telephone but rather than speaking, the
communication takes place through the keyboard. Both the
claimant/customer and member of staff must have access to a textphone.
Texting via mobile phones
96. Business mobile phones may now be used for texting in limited
circumstances and if required as a reasonable adjustment for disabled
people. See the communications with citizens guidance for more information
Customers accessing toilets in DWP offices
97. Under the Equality Act 2010 DWP has an obligation to make
reasonable
adjustments for disabled customers to enable them to have equal access
to our services and to claim benefits.
98. Managers may come across situations where customers, who are spending
considerable amounts of time in our offices, ask to use the toilet.
99. Given that all of our Jobcentres are unique it isn’t possible to design a
generic approach for the customer use of toilets on our premises that will
ensure we meet our obligations. It is therefore important that each
Jobcentre or DWP customer facing office risk assess the impact of granting
our customers access to toilets for their particular office and handle these
situations and issues on a site by site basis. Customer access to toilets
must be factored into the Customer Facing Risk Assessment process for each
site. To be clear the use of toilets is not for general customer use but
considerations must be in place for every Jobcentre/ DWP customer facing
office so staff are prepared for when these situations arise.
100. Any decision to allow customers access to a toilet will be at the discretion
of the Jobcentre/ Office manager taking into account the particular
circumstances identified in the risk assessment and factors such as:
Time spent in Jobcentres seeing work coaches or using a computer to search for
jobs;
Medical conditions;
Proximity of any other local toilets;
Customers accompanied by children;
Pregnancy (Equality legislation also covers maternity and pregnancy, and it could
be argued under the Equality Act 2010 that we should provide pregnant women
and mothers with young children with means of accessing a toilet. )
Please note this list is not exhaustive.
Reasonable Adjustments
101. For some customers who have a disability or a health condition coming
into a Jobcentre or DWP office may prove more difficult especially if the
disability includes incontinence issues and/or mobility related problems. A
reasonable adjustment option could include a home visit or a telephone
interview in place of an office visit. However this won’t be appropriate in
every case. For example, a customer with a mental health condition may
come into a Jobcentre for an interview where it then becomes apparent
there is a secondary health issue that impacts on their bladder or bowel
control. In this scenario and in certain circumstances, as described above,
the use of a Jobcentre/DWP toilet may be required as a reasonable
adjustment.
Please note: This is just one possible scenario and we’re not expecting
each Jobcentre to make a risk assessment that captures all possible
scenarios – rather that they need a risk assessment
because situations
may arise where we may need to grant a customer access to a toilet due to
obligations under the Equality Act.
102. The Health & Safety Community are fully supportive of our managers
using their discretion in these types of situations providing adequate control
measures are in place and it will not compromise the safety of others.
Transport - Public and private
103. If a customer has to travel by car because of mobility issues, consider the
car parking facilities at your office and if possible arrange a parking space
for the customer. If there is no car parking facilities then consider an
alternative way to enable them to access benefits and services.
104. If mobility issues means a customer cannot walk for long distances and
your office is not near to public transport then consider an alternative way to
enable them to access benefits and services
105. Consider paying for a taxi or other transportation that will overcome the
issues in relation to accessing to DWP sites
Blind or Partially-sighted Customers: Reasonable adjustments
106. Discuss with the customer if they require any support to enable them to
access benefits and use our services. Do not assume or put a reasonable
adjustment in place without discussion with the customer. Consider, does
the individual require extra support to communicate with DWP? Take the
appropriate action to implement the required support and record the details
on the customer record
107. If a blind or partially-sighted person asks for someone to greet them on
arrival to help reassure them about their interview or appointment, a specific
member of staff should be made aware of the appointment time of the
disabled claimant/customer and be available to undertake this task. There
should be a contingency plan if this officer is unable to greet the customer.
108. There could be many reasons why a blind or partially-sighted
customer/claimant requests email. It may be that they have a reader
application on a device of their own or wish us to email information to them
so that they can pass it over more quickly to someone who they wish to
assist them, etc.
E-mail: Send Information to Disabled Claimants/Customers
Representatives and Intermediaries
Audio/CD format: Providing Information in Audio/CD Format
Audio recording of interview
Braille: Providing Information in braille
Large Print: Providing Information in Large Print
Paper - Types/colour of paper
Changing the time and date of meetings and interviews
Changing location of interview
Private Interview Rooms
Deaf or Hearing Impaired Customers: Reasonable adjustments
109. Discuss with the customer if they require any support to enable them to
access benefits and use our services. Do not assume or put a reasonable
adjustment in place without discussion with the customer. Consider, does
the individual require extra support to communicate with DWP? Take the
appropriate action to implement the required support and record the details
on the customer record.
British Sign Language (BSL) Interpreting
E-mail: Send Information to Disabled Claimants/Customers
Induction Loops
Textphones
Changing the time and date of meetings and interviews
Lip Reading: if the claimant/customer lip reads, care should be taken when
arranging the interview area, it should be well lit and free from distractions, for
example people constantly passing by etc.
Private Interview Rooms
Representatives and Intermediaries
Mental Health conditions: Reasonable adjustments
110. The definition of disability under the Equality Act includes physical and
mental impairments. Mental illness can therefore be a disability and
reasonable adjustments must be considered.
111. Difficulties experienced are quite variable depending on the nature and
severity of the disorder. Forgetfulness, lack of motivation and distress may
affect the ability to make decisions and manage a claim. Some claimants
may lack mental capacity
112. Discuss with the customer if they require any support to enable them to
access benefits and use our services. Do not assume or put a reasonable
adjustment in place without discussion with the customer. Consider, does
the individual require extra support to complete their claim, comply with
processes or make decisions about their claim? How much support is
required and will this change? Do they have mental capacity? Take the
appropriate action to implement the required support and record the details
on the customer record
113. Please see the Mental Health Advisor Toolkit for further help on
supporting customers with Mental Health conditions.
Changing the time and date of interviews
Private Interview Rooms
Representatives and Intermediaries
Hidden Impairments
114. By definition, it can be difficult to provide an appropriate service for
customers who may not find it easy to explain their needs, especially if
those needs are not easily apparent. A Hidden Impairments Toolkit has
been developed to help staff support customers with conditions such as
autism. The Toolkit provides comprehensive information to enable staff to
work better with individuals with hidden impairments, for example ADHD,
Autism Spectrum disorders/conditions, Dyslexia and Dyspraxia. Other help
and support is available:
Business Disability Forum briefing papers give practical disability related
guidance for employers on specific disabilities, including: asthma, back
problems, diabetes, dyslexia, epilepsy, HIV, learning disabilities, mental
health problems, progressive or fluctuating conditions, sight problems,
stammer, upper limb disorders (repetitive strain injuries).
Autism spectrum disorder (ASD) guidance has been produced. ASD is the
name for a range of conditions that affect the way a person communicates
and interacts with other people. Asperger syndrome is a form of autism. This
information provides advice for staff on autism spectrum disorder and is
mainly sourced from the National Autistic Society website.
Employment, Health Conditions & Disabilities Guidenotes for Advisers These
guide notes are primarily designed to help Disability Employment Advisers in
Jobcentres but contains useful information for all staff.
Learning Difficulties and Cognitive and Neurological Conditions:
Reasonable adjustments
115. These conditions may cause difficulties with learning or remembering.
Discuss with the customer if they require any support to enable them to
access benefits and use our services. Do not assume or put a reasonable
adjustment in place without discussion with the customer. Consider, does
the individual require extra support to complete their claim, comply with
processes or make decisions about their claim? How much support is
required and will this change? Take the appropriate action to implement the
required support and record the details on the customer record
Audio recording of interview
Easy Read Format
E-mail: Send Information to Disabled Claimants/Customers
Private Interview Rooms
Representatives and Intermediaries
Mobility needs / Physical impairments: Reasonable adjustments
116. Discuss with the customer if they require any support to enable them to
access benefits and use our services. Do not assume or put a reasonable
adjustment in place without discussion with the customer. Consider, what
mobility problem does the individual have, is the local office accessible?
Take the appropriate action to implement the required support and record
the details on the customer record
117. Consider telephone interviews or home visits rather than face to face
interviews on DWP premises if more appropriate for your customer.
118. Medical appointments/treatment: Consider whether the customer and the
delivery of our services can be supported by changing the date and time of
a meeting or interview.
Car parking facilities
Changing the time and date of meetings and interviews
Changing location of interview
Home visits
Postal claiming - JSA
Representatives and Intermediaries
Transport – public and private transport
Disability, Records, Computer System Markers and Reasonable
adjustments
119. Once a customer’s need for a reasonable adjustment such as an
alternative format has been identified, the customer’s records must be
marked in such a way that it is easily seen each time a member of staff
looks at that record or takes action on the case.
120. If the case is clerically maintained, the reasonable adjustment need must
be prominently displayed on the case papers.
121. If there are system records for the customer, the relevant reasonable
adjustment field must be completed. If the system does not have a field for
this purpose then the Notepad or equivalent must be used to record the
need. Refer to the benefit specific guidance.
122.
It is very important that the reasonable adjustment is consistently
provided for the customer. Therefore, each time that action is taken on
a case, staff must check to see if there is a reasonable adjustment
marker on the case. The record of the reasonable adjustment must
make it clear to colleagues what has to be done, when and how.
123. Remember that data relating to Disability is sensitive information under the
Data Protection legislation. You must follow benefit specific guidance for
how to record this data. Direct any questions or concerns you may have to
the Advice Line/guidance owners in the first instance, including if you feel
you have identified a gap.
Refusal to Serve and Exceptions to the Disability Duty
124. There may be some circumstances when DWP may treat a disabled
customer less favourably or refuse to serve a disabled customer. However,
this is only if one of the conditions outlined below applies. DWP must act
reasonably and take into account all the circumstances and information
available before taking such action. If a disabled customer shows that they
have been unfavourably treated because of something arising in
consequence of someone’s disability, DWP will have to provide evidence
that such actions were justified.
Health and Safety
125. The Equality Act does not require DWP to do anything which would
endanger the health and safety of any person, including that of the disabled
person. Further information can be found on the Health and Safety
Executive website.
Incapacity to Contract
126. The Equality Act does not require DWP to contract with a disabled person
who is incapable of entering into a legally enforceable agreement or of
giving an informed consent for the provision of a particular service.
127. DWP may not refuse to serve someone who has the legal power to act on
behalf of a disabled person under a power of attorney or its Scottish
equivalent.
128. Remember, under the Equality Act, adjustments must be made where
disabled people experience a ‘substantial disadvantage’. It is not possible
for DWP to legally justify failing to provide a reasonable adjustment. By
definition, if the adjustment is reasonable, we must make it.
Disability, Equality and other Legislation
129. The Equality Act does not:
make unlawful anything done to comply with other legislation; or
make unlawful any act done to safeguard national security, anything that it is
proportionate to do for that purpose.
Suspension of Services to Individual Customers
130. It is important to understand the implications of refusing to serve a
disabled person and the impact it may have on DWP business.
131. One situation where a potential claim to discrimination may occur is where
DWP services are suspended to an individual because of Unreasonable
customer/claimant behaviour
132. All staff should be aware that where unreasonable behaviour is caused by
or is a symptom of a disability, for example some people with mental illness,
the disabled person could at a later date claim they have been discriminated
against.
133. If services are suspended to a customer due to disruptive behaviour
caused by a condition that is covered by the definition of disability, it is
important that the decision not to serve them is reviewed regularly as their
behaviour may differ from day to day and on subsequent visits may be
perfectly reasonable.
134.
The Equality Act cannot be used as an excuse for disruptive or anti-
social behaviour. If a disabled customer is refused service for reasons
unrelated to their disability, for example, they have had too much to drink
and are behaving unreasonably it is unlikely that they would be able to bring
an action against DWP under the Equality Act. Furthermore, the duty to
protect the health and safety of staff and customers overrides the duty to
make reasonable adjustments because anything that puts health and safety
at risk is by definition not reasonable.
135. It is therefore extremely important to ensure that records are kept of any
incidents where an individual is refused access to a service. These must
document:
the reason why access was refused;
the reaction of the individual and a record of the conversation that took place
between the individual and the person that dealt with the incident; and
copies of any resulting correspondence should also be kept, i.e. letter from
the manager informing the individual that DWP services are suspended to
them and any reply received.
136. These records may be needed at a later date by a court of law to help
prove or disprove a case.
Disability and Benefit Entitlement, Payablility and Conditionality
137. Accepting that a customer is disabled under the Equality Act for the
purpose of access to DWP services does not mean we are making a
decision on benefit entitlement, payability or conditionality. If evidence is
available because of the decision staff have made on the question of
disability under the Equality Act then, if relevant, this evidence may be taken
into account in decisions relating to entitlement, payability or conditionality
but it must be clearly noted that these are separate issues.
138. For example, a decision to treat a customer as disabled under the Equality
Act and therefore to provide one of the reasonable adjustments above in no
way establishes entitlement to Personal Independence Payment. Likewise,
such a decision in no way necessitates there being any given element or
condition in a Claimant Commitment for that customer. Different legislation
governs these different questions.
139. See the Accessibility Checklist to help support customers to access DWP
services.
Age
140. Unlawful age discrimination happens when someone is treated
unfavourably because of their age, without justification, or is harassed or
victimised because of their age.
141. For example, refusing to provide a service because of a person’s age is
direct discrimination. Insisting all applicants for a job pass a fitness test may
be indirect discrimination as it is likely to disadvantage older candidates.
Telling ageist jokes could be harassment.
142. Age is, however, an exceptional protected characteristic in that direct
discrimination is lawful in some specific circumstances covered in the
Equality Act (such as benefit rules, for example re the State Pension or
immigration control) and when the age-based treatment can be objectively
justified.
143. DWP has to show that the less favourable treatment on the grounds of
age was a “proportionate means of achieving a legitimate end.”
144. Positive action is allowed by law. Positive action is not the same as
positive discrimination, and does not involve treating particular groups more
favourably when recruiting.
145. DWP offers a range of employment initiatives. In addition, there are a
number of age-related benefit rules in place. Again, these are lawful.
146. If you are unable to resolve your issue or find an answer to a particular
question using these instructions please access the Bright Ideas and Advice
Homepage to post your query.
Gender Reassignment
What is transgender/gender reassignment?
147. “Transgender” is often used as a general term to cover people who
identify as both transsexual and transgender. A transsexual person is
someone who proposes to, starts or who has completed a process to
change his or her gender (transitioning). See transgender terminology for
more information.
148. The Equality Act protects transsexual people who share the “protected
characteristic” of gender reassignment. Those transgender people who do
not intend to live permanently in the gender opposite to their birth sex are
not transsexual and therefore not protected by the Equality Act.
149. This protection is in place for those transsexual people who are and are
not under medical supervision. For example:
a person who was born physically male decides to spend the rest of his life as
a woman. She starts to live her life as a woman. After discussion with her
doctor and a gender identity clinic, she starts hormone treatment and after
several years she goes through gender reassignment surgery. She would
have the protected characteristic of gender reassignment;
a person who was born physically female decides to spend the rest of her life
as a man. He starts and continues to live his life as a man. He decides not to
seek medical advice. He would have the protected characteristic of gender
reassignment.
Engaging with transgender customers
150. A transgender customer may be undergoing any stage of their
“transitioning” when they start to engage with DWP: They should be treated
with respect and referred to in their presented gender at all times.
151. You should always address the customer in their presented sex – try to
use the person’s name where possible rather than referring to a person’s
gender.
152.
Example: If you are talking to a customer on the telephone who is called
Julie but who sounds like a man, you should address her as female – not
male. If you have their details on your computer a simple question along the
lines of “Our system is showing your name as Julie …., could you just
confirm I’ve got that right?”
153.
Example: if you are engaging in a face to face interview and the customer
presents in the opposite gender to their customer record (Mr Smith arrives
and states they are now to be known as Ms Smith and are undergoing
gender reassignment). You should ask if they want to continue the
interview in a private interview room and that you may have to reschedule
the interview to facilitate this. You should ensure confidentiality when
discussing sensitive information with transgender customers. If you need to
discuss sensitive information with a transgender claimant/customer, try to
find a private interview room. Information regarding gender recognition must
only be disclosed to third parties and other government departments if it is
necessary for departmental business, as per current Data Protection
regulations and clause 22 of the Gender Recognition Act.
154. Therefore, sensitive information in relation to transgender customers
should not be discussed between colleagues, with other customers or in a
public place which may be overheard by other people
(colleagues/customers/individuals).
155. If you are unable to resolve your issue or find an answer to a particular
question using these instructions please access the Bright Ideas and Advice
Homepage to post your query.
156. More information on Gender reassignment is available on the Delivering
Equality for customers intranet site.
Transitioning scenarios
157. There are many different stages of transition which can impact on the way
we provide access to benefits and services
Prior to starting transitioning
the customer engages with DWP in their birth gender and name. During the
claim/engagement with DWP they begin “transition” to the opposite gender.
The customer changes their name and starts to live their life as the opposite
gender. They
do not have a Gender Recognition Certificate (GRC).
During transitioning
the customer engages with DWP and is living their life in the opposite gender,
has changed their name but has not undergone hormone treatment or
surgery. They
do not have a GRC.
the customer engages with DWP and is living their life in the opposite gender,
has changed their name but has not undergone hormone treatment or
surgery. They
do have a GRC.
the customer engages with DWP and is living their life in the opposite gender,
has changed their name but has not undergone hormone treatment or
surgery and
they do have a GRC.
the customer engages with DWP and is living their life in the opposite sex,
has changed their name and has begun hormone treatment and planned
surgery. They
do not have a GRC.
the customer engages with DWP and is living their life in the opposite sex,
has changed their name and has begun hormone treatment and planned
surgery. They
do have a GRC.
the customer engages with DWP and is living their life in the opposite sex,
has changed their name and has had hormone treatment and surgery. They
do not have a GRC.
the customer engages with DWP and is living their life in the opposite sex,
has changed their name and has had hormone treatment and surgery. They
do have a GRC.
After transitioning
The customer engages with DWP as their acquired gender. They
do have a
GRC.
Gender reassignment surgery
158. If a customer will be unavailable for work due to gender reassignment
surgery then see the Labour Market Conditions Instructions.
Gender recognition certificate
159. The Gender Recognition Act 2004 gives transsexual people the
opportunity to apply for a Gender Recognition Certificate (GRC). The
Gender Recognition Panel (GRP) will issue a full certificate to someone who
can prove:
They are at least 18.
They have a diagnosis of gender dysphoria.
They have lived in their acquired gender for at least two years.
They intend to live in their acquired gender until death.
They are not married or in a civil partnership.
160. If a claimant/customer asks for information about obtaining a GRC, they
should be advised to contact the Gender Recognition Panel:
Address:
Gender Recognition Panel, PO Box 9300, Leicester, LE1 8DJ.
Telephone:
0300 1234 503.
E-mail: GRP enquiries.
161. A person who gets a GRC will also get a new birth certificate which will
appear as if they had been their acquired gender since birth. Having a GRC
means that the person’s gender will become, for all purposes, their acquired
gender.
162. If a claimant/customer has a Gender Recognition Certificate, see the
following guidance:
Gender Recognition and Working Age Benefits for information on dealing with
claimants/customers who are of working age and are in receipt of a Gender
Recognition Certificate.
Gender Recognition and Pensions for information on dealing with
claimants/customers who are of pension age and are in receipt of a Gender
Recognition Certificate.
163. A GRC must be treated as a valuable document within DWP offices.
Change of name
164. If a customer wants to change their name, refer to the appropriate
operational guidance for details on changing a customer’s personal details.
A person’s gender/sex can only be changed on our systems on receipt of a
GRC.
Additional support
165. DWP provides additional support for customers who may be covered by
this characteristic:
Some transgender customers’ records are marked as a Special Customer
Record . Refer to the operational guidance, Gender Recognition and Special
Customer Records.
Private Interview rooms
Special Customer Record
Marriage and Civil Partnership
166. The Equality act 2010 protects those who are married or civilly-partnered
from discrimination for reasons connected to that status. Marriage and civil
partnerships are in general equated under the Equality Act.
167. Whilst there are complex rules relating to inheritability of State Pension
entitlement which will only become redundant through the passage of time
or changes to the law, in the main a customer’s marital or civil partnership
status has no bearing on their relations with DWP. Benefit rules include this
characteristic and subsequent impact due to the Marriage (Same Sex
Couples) Act 2013 and associated legislation across the UK.
Pregnancy and Maternity
168. Customers have the right not to be treated unfairly as compared to other
customers due to pregnancy or maternity. This includes an overlapping
element with discrimination on the grounds of sex in relation to
breastfeeding so unfavourable treatment because of breastfeeding is
unlawful.
Breastfeeding on DWP premises
169. Customers may breastfeed a child on DWP premises, in a Jobcentre or
other public building where DWP staff may be located.
170. The Equality Act 2010 makes it unlawful to discriminate against mothers
who are breastfeeding a child of any age. This means that we must not
directly or indirectly ask a woman to leave a DWP building because she is
breastfeeding. DWP staff must allow women customers who are in
Jobcentres or attending other DWP premises to breastfeed in public if they
want to. Please note that in Scotland it is a criminal offence to prevent or
stop breastfeeding under the Breastfeeding etc. (Scotland) Act 2005.
171. Although breastfeeding women are entitled to breastfeed in public areas,
some women may prefer to breastfeed in a more private area. In DWP
offices, where possible, we should accommodate any requests for a private
area for mothers to breastfeed. Security matters and Health and Safety
concerns must be considered when deciding on a suitable private location.
172. Consider telephone interviews rather than face to face interviews on DWP
premises if more appropriate for your customer.
173. As it is unlawful to discriminate against a woman who is breastfeeding,
even if other claimants or members of staff complain, DWP staff must not
stop a woman breastfeeding in public, regardless of the reason for the
complaint. However, to protect the breastfeeding woman, anyone who
makes a complaint should be asked to move to a different area and/or if
they would like to re-arrange their appointment. In this circumstance, DWP
has an obligation to ensure that a woman who is breastfeeding is not
treated unfairly.
174. The benefit provision for pregnancy and maternity (e.g., Maternity
Allowance, Sure Start Maternity Grants etc.) is lawful under the Equality Act.
Customers who are not able to claim these benefits are not able to rely on
the Equality Act to claim that they are being discriminated against
unlawfully.
Race
175. Race is a “protected characteristic” under the Equality Act 2010. This
protection covers direct and indirect discrimination, harassment and
victimisation.
176. For the purposes of the Equality Act, race includes colour, nationality and
ethnic or national origins. A racial group can include two or more different
racial groups.
177. For example, for the purposes of the Equality Act:
colour includes being black or white;
nationality includes being a British, Australian or Swiss citizen;
ethnic or national origins include being from a Roma background or of
Chinese heritage;
a racial group could be “black Britons” which includes those people who are
both black and who are British citizens.
178. DWP provides additional support for customers who may be covered by
this characteristic:
Interpreting Services and Race
179. In April 2014, DWP policy changed with the effect that new Jobseeker
Allowance (JSA) claimants will not routinely be offered access to
interpreters. There is an expectation that all new JSA claimants will have a
level of English which enables them to compete and be successful in the UK
labour market. New JSA claimants should be able to fulfil their obligations
under the Jobseekers Agreement and are required to be available for and
actively seeking work, this means being able to speak some English.
180. However, if it is clear when engaging with a claimant their command of
English, or Welsh, is not good enough and it is in the Department’s interest
to do so, for example to accurately assess JSA benefit entitlement or
explain to a claimant their responsibilities under the Jobseeker’s Allowance
conditionality rules, an interpreter can be provided if alternative options,
such as friends or family are not available. These considerations apply
across all benefits.
181. In addition, safeguards are in place and access to an interpreter is still
available where claimants are considered to be in a vulnerable situation, for
example victims of domestic violence, refugees, homeless people; services
for people on sickness & disability benefits; pensioners; claimants who use
British Sign Language; and for Fraud investigation purposes. Please refer to
the Interpreting Services Instructions for more information on how and when
to recognise a customer or claimant's need for an interpreter and how to
make the appropriate arrangements.
182. As the Race/ethnicity of the customer may present a barrier to
communication, we must also bear in mind the guidance on Working with
Representatives.
183. DWP staff should be aware that there is law relating to Habitual
Residence which we must apply. A person claiming any of a number of
benefits is required to show that they have a right to reside in the UK, the
Channel Islands, the Isle of Man or the Republic of Ireland. Detailed
information can be found in the Habitual Residence Tests Instructions
guidance.
184. Data relating to Race/ethnicity is sensitive information under the Data
Protection legislation. Follow benefit specific guidance for how to record this
data.
185. See the Accessibility Checklist to help support customers access DWP
services.
Religion or Belief
186. A customer’s religion or belief is a protected characteristic under the
Equality Act 2010. This protection covers direct and indirect discrimination,
harassment and victimisation.
187. “Religion” means any religion and includes a lack of religion and “Belief”
means any religious or philosophical belief and includes lack of belief. Thus,
for example, to treat a customer less favourably because they
are not Jewish is unlawful, as is treating a customer less favourably because they
are Jewish.
188. This area can become complex. Explanatory notes on the Equality Act
define the criteria for determining what a “philosophical belief “is. These
notes state that the belief must be genuinely held and be a belief not an
opinion.
189. There is often a close relationship between race and religion or belief and
staff must be sensitive to this fact. Both may have an impact on the way a
person lives their life. However there will often be no impact upon the
additional support DWP will provide. Do not make assumptions.
Religious Holidays and Festivals
190. DWP has guidance for Religious Holidays and Festivals for Working Age
Benefits which must be applied so that we do not treat people unfairly
because of their religion or belief. Consider if it is appropriate to change
interview and meeting dates and times.
Traditional/religious dress
191. Staff also should be mindful of the way customers may dress as a
consequence of their religion or belief. We must not act so as to unlawfully
discriminate against a customer as a result however staff must comply with
other legislation. A requirement, for example, to verify identity is lawful if it is
objectively justified or where benefit legislation requires this. You may find
the Religion and Belief – A guide for managers and staff (PDF), produced
by the Home Office a useful reference tool.
192. Staff need to think about how we verify claimant identifications with
religious headwear, for example this could be a Burka or a Niqab but still
comply with the Common standards for identity verification. To satisfy the
appropriate identity verification for the situation staff should think would you
ask other claimants who come in for face to face contact to provide a
current passport or photo ID? There are other forms of checking identity,
which could be Documentary evidence and/or security questions. Staff
should check can the claimant’s identity be provided with other forms of
documentation. If however you need to verify facial identification of a
claimant to meet the standards and they are wearing religious headwear
which covers their face you need to be sensitive to the situation. Claimants
must be offered a private room away from other claimants when asked to
remove their the covering. You must also ask the claimant if they require a
female member of staff to be present and check with them that no male staff
are to be present due to their religion or belief. If they require this it
must be
observed.
193. Data relating to “religious beliefs” is sensitive information under the Data
Protection legislation. Follow benefit specific guidance for how/when to
record this data.
Sex
194. A customer’s gender is a protected characteristic under the Equality Act
2010.
195. Protection for gender covers direct and indirect discrimination, harassment
and victimisation.
196. All customers must be treated with respect and you must not make
assumptions about them. Our policies and processes have been carefully
designed to ensure and promote equality. DWP staff must not apply these
so as to create gender inequality. We therefore need to be aware of specific
policies which support these aims and ministerial objectives:
There are special rules about State Pension for Married Women and Divorced
Men.
Sexual Orientation
197. Sexual orientation under the Equality Act means person’s sexual
orientation towards:
(a) persons of the same sex,
(b) persons of the opposite sex, or
(c) persons of either sex.
198. There are no aspects of customers’ interactions with DWP that are
dependent upon their sexual orientation.
199. It is possible that the issue may have to be considered in relation, for
example, to cases of Living Together as Husband and Wife when sexual
relationships are a relevant matter for consideration. If this characteristic
does have to be considered it must be done sensitively and respectfully as a
matter of both DWP’s inclusive policy and as a matter of law under the
Equality Act.
Accessibility checklist
This provides a series of questions to help you to consider how accessible
your services are. This is available as a document that can be printed off and
used as a checklist if required.
Accessibility Checklist
Monitoring and Equality MI
200. The collection of Equality monitoring data is how DWP demonstrates
compliance with the Public Sector Equality duty under the Equality Act
2010. We are governed by a legislative duty and the monitoring of our
claimants and customers helps us to demonstrate how we are paying due
regard to the aims of the Equality Act. The Department is also required to
publish equality information annually about customers to demonstrate our
compliance with the Public Sector Equality Duty.
201. The collection of this monitoring data this will depend on
what kind of information is required
what it will be used for
what reason the customer or claimant is accessing DWP services.
202. DWP collect equality monitoring data from claimants and customers, if
they agree to provide it, by a variety of methods. This information can also
be used to ensure the correct customer service is in place to enable the
customer to access benefits and services
Telephone contact (for example asking about a customers ethnicity)
Face to face contact (for example identify if the customer is a disabled
person)
Completion of an equality questionnaire (for example UJ service users)
203. Removing or reducing the collection and recording of Equality monitoring
data should not take place as this will diminish the quality of the information
that is gathered. If you are unable to resolve your issue or find an answer to
a particular question using these instructions please access the Bright Ideas
and Advice Homepage to post your query.
Contacts
204. If you are unable to resolve your issue or find an answer to a particular
question using these instructions you must access the Bright Ideas and
Advice Homepage to post your query.
205. The ‘E-mail page owner’ and ‘Page information’ links at the bottom of each
page of guidance should only be used to report broken hypertext links.
206. A list of useful websites can be found on the Delivering Equality for
customers intranet site.
Accessibility Checklist
Accessibility Checklist – things to consider: If NO – use this to note
here any action
Exterior
required to improve
access to benefits and
Interior
services in your area
Staff Awareness
Blind or partially sighted
Deaf or hard of hearing
Mental health conditions
Hidden Impairments
Learning Difficulties
Mobility needs / physical impairment
Gender Recognition
Language requirement
Exterior
You should consider how accessible your services are by assessing your
premises. You should consider the following where applicable:
Car park
Are there disabled parking spaces
YES/NO
marked out?
Do staff know how to book/reserve a
YES/NO
space for a disabled customer?
If so, are steps taken to prevent non-
disabled customers parking in these
spaces?
Entrance to building
Are there steps to the main entrance?
YES/NO
If so, is there an alternative ramped
YES/NO
entrance?
Are there clear directional signs to it?
YES/NO
Is the ramped entrance easily
YES/NO
accessible?
Is there a doorbell?
YES/NO
If so is it obvious and at the correct
YES/NO
height on the alternative entrance?
Are all staff aware of the need to answer YES/NO
the bell promptly?
Are entrance doors excessively heavy to YES/NO
open?
If so are staff aware that some
YES/NO
customers may require assistance?
Are all staff aware of the possible need
YES/NO
to assist a disabled customer as
appropriate, from the time and point of
arrival?
Interior
The interior of premises will vary greatly and only some of the following
points may apply directly to your location. Consider:
Inside the building
Is the floor space free from obstacles
YES/NO
which may impede access?
Is the Welcome or Reception area easily YES/NO
seen and accessible?
Is the Welcome or Reception area
YES/NO
always staffed?
Have receptionists had disability
YES/NO
awareness training?
Is there an audio loop positioned at
YES/NO
reception?
Are all signs clear?
YES/NO
Are graphics used to help people who
YES/NO
have difficulties understanding signage?
(This could include people with visual
impairments or learning difficulties)
Are there arrangements to deal promptly YES/NO
with those unable to appreciate verbal
signs?
Are there chairs for those unable to
YES/NO
stand for prolonged periods?
Are the chairs of an appropriate type?
YES/NO
("cushioned" ones may be too low for
some people)
Are queuing arrangements suitable for
YES/NO
all?
Are emergency exits clearly identified
YES/NO
and can they be operated by disabled
people?
Are seating areas easily accessible and
YES/NO
large enough for wheelchair users?
Lifts
Is the lift large enough to accommodate
YES/NO
a wheelchair and a helper?
Can buttons be reached by someone in
YES/NO
a wheelchair?
Is there a talking floor indicator?
YES/NO
Is the emergency phone accessible from YES/NO
a wheelchair?
Are arrangements in place to have
YES/NO
repairs carried out quickly?
Interviewing facilities
Can interview points be reached easily
YES/NO
by all customers?
Is there a reasonable level of privacy for YES/NO
customer interviews?
Can private interview rooms be used if
YES/NO
required?
Do staff know how to arrange the use of YES/NO
a private interview room?
Is there a portable loop aid available?
YES/NO
Do staff know how to use it?
YES/NO
Can the lighting and seating
YES/NO
arrangements be adjusted?
Can staff interview on the ground floor if YES/NO
customers are unable to access other
floors?
Are all facilities available in alternative
YES/NO
locations?
How easily the points and rooms can
YES/NO
accommodate an assistance dog or
wheelchair, pushchair or accommodate
a support worker or advocate?
Is a handset available for contacting
YES/NO
Interpreting Services?
Computers in Jobcentres
Is there clear access to computers?
YES/NO
Is there access to the desks, seating
YES/NO
area etc. for wheelchair users?
Is there clear information in relation to a
YES/NO
customer using their own device?
Is there appropriate clear signage
YES/NO
displayed to inform customers?
Are arrangements in place to provide
YES/NO
alternative services for those unable to
use computers, e.g. personal help?
Are there arrangements in place to
YES/NO
provide advice and support to help
customers use their own devices to
access DWP benefits and services?
Are staff aware of how to help a
YES/NO
customer change the settings on
computers to make them more
accessible – for example change screen
colour and font size?
Access to other information
Is there clear access for all customers
YES/NO
to displayed leaflets and other
materials?
Are staff aware of the need to give
YES/NO
information verbally if necessary to
disabled customers?
Are staff aware of the need to supply
YES/NO
information in alternative formats and
how to arrange this if there is a specific
request?
Are staff aware of how to access
YES/NO
Interpreting Services and translation
services and how to use them if there is
a specific request or on-going need?
Emergency or unusual situations
Line Managers have a legal and moral responsibility to keep staff and
customers safe both on and off site and must ensure they undertake the
necessary Introduction to Health and Safety Responsibilities for DWP
Managers training to ensure they have the competence to do so.
Is the Evac Chair in the correct place?
YES/NO
Do staff know how to use the Evac
YES/NO
Chair?
Do staff know how to escort a disabled
YES/NO
person from the building in the case of
an emergency?
Does everyone understand their roles
YES/NO
and responsibilities for customers and
themselves in an emergency?
Staff Awareness
Since everyone has an individual responsibility to ensure the legal
requirements of the Equality Act are met, you will need to think about what
your staff will need to be aware of in order to implement its requirements.
Consider:
Staff must be aware of the need to record customers accessibility
requirements and to check their records so they can overcome any barriers
the customer may have when accessing our services
Customer needs: how aware are staff
of the needs of disabled customers and
how these might be addressed?
Customer needs: how aware are staff
of the needs of customers with a
language requirement and how these
might be addressed?
Interviewing: are staff confident about
interviewing disabled customers and
how confidence can be raised if
necessary?
Etiquette: do staff have a basic
YES/NO
understanding of equality etiquette,
including appropriate behaviours and
language?
Legislation: are staff aware of current
YES/NO
legislation and their responsibilities?
Customer complaints
Are staff aware of what to do if a
YES/NO
customer wishes to make a complaint?
General equality etiquette
Have staff read the Welcoming Disabled YES/NO
Customers (Word) guide?
Do staff know where to get information
YES/NO
about interviewing disabled customers?
Have staff completed the diversity and
YES/NO
equality training and disability
awareness training?
Have staff completed the vulnerable
YES/NO
persons training on Civil Service
learning?
Specialist help:
Do staff know what specialist help is
YES/NO
available to disabled customers, e.g.
Disability Employment Adviser, Mental
Health Adviser?
Do staff know how to call upon the
YES/NO
specialist help when necessary?
Blind or partially sighted
You will need to consider how relevant help can be obtained and who will
take responsibility for procuring items. Further guidance on obtaining
alternative formats can be found in the communications support services
guidance
Do staff know to check customer records YES/NO
on DWP systems prior to interviews in
order to accommodate any reasonable
adjustments/special arrangements?
Do staff know how to arrange for
YES/NO
correspondence to be sent to customers
in alternative formats?
Do staff know to identify themselves and YES/NO
speak as they approach a visually
impaired or blind customer?
Do staff know to offer rather than impose YES/NO
assistance to visually impaired
customers?
Do staff know how to obtain materials in
YES/NO
large print?
Do staff know how to obtain materials in
YES/NO
Braille, audio?
Do staff know how to use email as a
YES/NO
reasonable adjustment?
Deaf or Hearing impaired
Do staff know to check customer records YES/NO
on DWP systems prior to interviews in
order to accommodate any reasonable
adjustments/special arrangements e.g.
ensure a hearing loop is available, book
a British Sign Language interpreter?
Do staff know where the loop aid is and
YES/NO
how to use it?
Is the availability of the loop aid
YES/NO
advertised to customers?
Are staff aware of the BT Typetalk facility YES/NO
and how to use it correctly?
Have people received deaf awareness
YES/NO
training?
Do staff know how to engage and
YES/NO
procure the services of a BSL
interpreter, Lipspeaker or other language
professional?
Are staff aware that deaf customers who YES/NO
communicate using BSL may not
understand written English?
Mental Health conditions
Do staff know to check customer
YES/NO
records on DWP systems prior to
interviews in order to accommodate any
special arrangements e.g. allow longer
interview time if appropriate?
Are staff aware that some people with
YES/NO
some mental health issues display what
may appear to be inappropriate
behaviour?
Do staff know to offer the customer a
YES/NO
private room (if available) or a quieter
part of the office to create a more
suitable environment?
Do staff know that some of our
YES/NO
customers want or need to use a
representative/intermediary to help
them access our services?
Hidden Impairments
Customers with hidden impairments for example, ADHD, Autism Spectrum
Disorders/ Conditions, Dyslexia and Dyspraxia do not always find it easy to
take full advantage of our services, so the hidden impairment toolkit has been
developed which will help you to engage with them
Learning Difficulties
Do staff know to check LMS prior to
YES/NO
interviews in order to accommodate any
special arrangements e.g. allow longer
interview time if appropriate?
Are staff aware of the etiquette when
YES/NO
interviewing people with learning
difficulties?
Are staff able to explain matters in easy
YES/NO
to understand language?
Are staff aware that some customers
YES/NO
may require an audio recording of
interviews due to their disability and how
to accommodate this?
Mobility needs/physical impairment
Do staff know to check customer
YES/NO
records on DWP systems prior to
interviews in order to accommodate any
special arrangements e.g. arrange to
interview on the ground floor?
Are staff aware of the issues concerning
YES/NO
customers with manual dexterity
impairments?
Are staff aware of the issues concerning
YES/NO
customers with mobility difficulties?
Are staff aware of the etiquette when
YES/NO
interviewing wheelchair users?
Gender Recognition Certificate
Are staff aware of how to engage and
YES/NO
advise customers with a gender
recognition certificate?
Etiquette: do staff have a basic
YES/NO
understanding of gender recognition,
including appropriate behaviours and
language.
Language Requirement
Are staff aware of the need to provide
YES/NO
interpreters and when and how to
arrange this if there is a specific request
or on-going requirement?
Are staff aware of the language
YES/NO
identification point card (PDF)?
Are staff aware of how to access
YES/NO
interpreting and translation services and
how to use them if there is a specific
request?