ADAPT-IT
NEWS
Enabling people with special needs and disabilities to access IT
Issue 3 – August 2004
In Issue 1,
we featured the Disability Discrimination Act [DDA] and in the
last issue we highlighted the problem of Repetitive Strain Injury
[RSI]. In this issue, we will be
drawing the two strands together by examining the reasons why a person might
disclose they have an RSI condition both when seeking employment or as an
existing employee, and the reasons why they might not disclose the fact.
We would appreciate
any feedback about layout etc., or suggestions for future articles. To contact the editor or if you wish one of
your colleagues to receive this newsletter, please send an email to news@adapt-it.org.uk
If you wish to view this newsletter in large print format please click here
1. Reasons
for disclosure or non-disclosure of a Repetitive Strain Injury (RSI)
2. Adapt-IT
- new products and special offers
3. Tips for
improving accessibility – RSI prevention
4.
Administrivia
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1.
REASONS FOR DISCLOSURE OR NON-DISCLOSURE OF A REPETITIVE STRAIN INJURY (RSI)
There
are valid reasons both for and against someone disclosing that they have
RSI. RSI can be a contentious term, if
someone has a particular condition they
may prefer to call it by its medical name, for example, carpal tunnel syndrome,
tendonitis, or describe it specifically as arm pain, shoulder injury etc.
By
disclosing a disability, an applicant for a job, or an employee, is legally
protected by the employment provisions of the DDA. These provisions provide legal protection to disabled people, and
people who have been disabled. You are
covered by the DDA if you have ‘a physical or mental impairment which has a
substantial and long-term adverse effect on your ability to carry out normal
day-to-day activities’.
The
DDA covers recurring and progressive conditions, past impairments, and
conditions that would have a substantial adverse effect on a person’s normal
day-to-day activities if it were not for controlling treatment and/or
medication. People with an RSI
condition who do not consider themselves to be ‘disabled’ may in fact be
protected by the DDA, because an RSI can be a progressive condition, as well as
being controlled by medication and treatment.
Under
the DDA, it is unlawful for an employer to unjustifiably treat a disabled
applicant for a job, or an employee, less favourably. However, if an employee does not disclose the disability, an
employer may be able to justify less favourable treatment more easily.
Employers
must also consider making reasonable adjustments – this duty applies to
all aspects of employment, including recruitment and selection. Such adjustments could include, amongst
other things, allocating some of the disabled person’s duties to another
person, altering the person’s working hours or acquiring or modifying equipment
to enable the employee to do the job.
For example, if the job requires someone to type, an employer may need
to consider an applicant who would use voice recognition software. Once a person is in post, the Access to Work
scheme can assist employers to provide equipment or alter existing equipment.
If
you feel that you have been treated unfairly in the recruitment process, then
under the Act, you can ask, to see the employer’s notes made about you. You may also make a complaint to an
Employment Tribunal. This must be
lodged within three months. The
Employment Tribunal has the power to award damages, say whether what happened
was against the law, recommend that the employer take certain action (e.g.
employs that person, changes its policy etc) or order the employer to pay
compensation.
3.
Where employers already have equal opportunity policies/disability policies:
a)
They should have a commitment to recruiting and employing people without
prejudice. An applicant can ask to view
the company policy or ask what they do to ensure equal opportunities in their
recruitment procedure. Once they have,
they may feel more comfortable disclosing their condition if the employer has
stated that it does not discriminate.
b)
Applicants might feel more comfortable with disclosure if they feel that the
way a potential employer recruits will protect them from being disadvantaged if
the policy states that the employer evaluates applicants solely against the job
specification.
c)
The applicant will have a basis for appeal if they feel they have been
discriminated against.
IT SHOULD BE NOTED that if any employee has an RSI
condition that has any implications for the health and safety of themselves or
their colleagues, they are obliged to inform their employer under the Health
and Safety at Work Act (1974) because if an accident happens as a result of a disability,
and you have not told your employer or potential employer about it, you could,
as an employee, be judged to be legally responsible. Prosecutions are, however, rare.
Reasons
for non-disclosure
1. Where
an RSI condition has no effect on a person’s ability to do the job
You may
feel that your condition is not relevant to the job or the application,
particularly if the condition does not require any adjustments to the work
environment..
2. An employer with pre-set ideas about RSI may discriminate against someone with RSI or reject by them out of hand
If you are
a job applicant, you may feel that in today’s competitive jobs market,
employers will look primarily at your condition and not look at your
abilities. An employer might
automatically view someone with RSI, both as a problem and possibly a potential
expense, whether you are an existing employee or an applicant.
3. If someone has RSI, they feel that it might give the employer the chance to label them by their RSI condition
You
might feel that an employer will see your RSI as the most important thing about
youand make
assumptions about you on the basis of your condition.
4.
You may not want to discuss your health problems
You
may be embarrassed and feel that the application process does not allow the
time or space for someone who does not know youto get an accurate understanding of your
condition, or that it is just not the business of the interviewer.
Despite all the worries that you may have about disclosing, it may sometimes be both in your interest and a legal obligation to disclose an RSI condition. However as anyone in this position will be aware, circumstances may well dictate a different course of action.
If you would like to discuss in confidence any RSI or other disability issues and how we can help, please call Martyn on 0845 644 1712.
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2.
ADAPT-IT PRODUCTS AND SPECIAL OFFERS
The
Virtually Hands Free Mousing System, an ergonomic mouse and software, enabling
it to be ‘clickless’ as recommended by the American Arthritis Foundation http://www.adapt-it.org.uk/products/thevirtuallyhandsfreevhfmousingsystemrighthanded.asp
Available
in Left or Right handed versions
Ergonomic
Vertical Mouse – just a few left at the special price of £25.00
http://www.adapt-it.org.uk/products/ergonomicverticalmouseanirps2.asp
Computer
Mouse Fatigue. Why it occurs and tips
for relief
http://www.quillmouse.com/Computer_Mouse_Fatigue.pdf
Albion
StopNow - http://www.programfiles.com/Default.asp?CatId=627
WorkPace
RSI prevention software - http://www.workpace.com/rsi-software-download/
Break
Reminder - http://www.cheqsoft.com/break.html
OCR
Software
Using
Optical Character Recognition (OCT) software such Abbyy FineReader together
with a scanner can often save you from having to retype a document or part of a
document. See http://www.adapt-it.org.uk/products/abbyyfinereaderprofessional7.asp
* * * * * * * * * * * * * *
3. TIPS
FOR HELPING TO PREVENT RSI
Anything
that helps reduce the number or repetitiveness of keystrokes, will help reduce
the likelihood of contracting RSI.
Microsoft Word has such a tool called ‘AutoText’. AutoText offers a way to store and quickly
insert text, graphics, fields, tables, bookmarks, and other items that you use
frequently. Microsoft Word comes with a
number of built-in AutoText entries that are divided into different categories. For example, if you're working on a letter,
Word can offer letter-specific AutoText entries, such as salutations and
closings. These can also be customised
if required.
You can
create your own AutoText entries. This
is useful if you often use the same large or complex item and don't want to
have to reinsert or retype it, or if you want to store text that contains a
particular style or format. For
example, if you send customers a monthly report that always includes the same
lengthy disclaimer, you can create an AutoText entry for the disclaimer.
1. Highlight the text you want to store as AutoText.
2. Go to Tools
| Autocorrect and select the| AutoText tab.
You will see the highlighted text (possibly truncated) both in the Enter
AutoText entries here and the Preview box.
3. Click on Add
and then OK
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5.
ADMINISTRIVIA
To contact us: info@adapt-it.org.uk
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Adapt-IT
Trafalgar House, Grenville Place. Mill Hill, London NW7 3SA.
United Kingdom
Tel: 0845 644 1712 Fax: 020 8959 0844