DWP admits failing to keep track of disability discrimination claims by its own staff

The government department responsible for running the Disability Confident employment scheme has admitted failing to keep track of how many complaints of disability discrimination are made by its own staff.

The Department for Work and Pensions (DWP) repeatedly brags about its much-criticised scheme, which aims to help employers recruit and retain disabled employees, and it claims itself to be a Disability Confident “Leader”, the highest of the scheme’s three levels.

But last month Disability News Service (DNS) reported how the Employment Tribunal had dealt with almost 60 claims of disability discrimination taken against DWP by its own staff over a 20-month period.

Now a freedom of information response to DNS from the department has revealed that it has been failing to track how many complaints by staff through its internal grievance system are based on allegations of disability discrimination.

It says in the response: “DWP’s central [human resources] system records the number of grievances made by DWP employees each year; however it does not record disability discrimination as a discrete category of grievance.”

It says in the response that it “treats complaints of Disability Discrimination very seriously and would always rigorously investigate such a complaint”.

But Dr Minh Alexander, a former consultant psychiatrist and NHS whistleblower whose research led to the DWP tribunal figures, said the failure to track disability-related grievances showed “incompetence and disinterest”.

She said: “If DWP don’t track disability-related grievances, they can’t know if a greater proportion of disabled employees are filing grievances, and therefore potentially experiencing worse treatment. Not so Disability Confident!!”

And David Gillon, a prominent disabled critic of the Disability Confident scheme, said it was “extraordinary that DWP does not keep systematic track of internal disability discrimination”.

He said: “This would be unbelievably lackadaisical in a small or medium-sized company; it is difficult to comprehend in an organisation the size of DWP that is not just a Disability Confident Leader, but the organisation that defines Disability Confident.

“The failure to track this information demonstrates a comprehensive failure to follow DWP’s obligations under Disability Confident for both employee retention and ongoing improvement.

“If DWP is not gathering this information, and therefore is clearly not compliant with its Disability Confident Leader certification, then shouldn’t DWP’s certification be withdrawn?”

But he also pointed out that there was no mechanism within the flawed Disability Confident scheme to assess whether a Disability Confident organisation was meeting its membership obligations.

The Equality and Human Rights Commission (EHRC) suggested that DWP should have been monitoring how many disability-related grievances it was dealing with.

An EHRC spokeswoman said: “Appropriate data collection is essential in uncovering and understanding discrepancies in any workplace.

“Whilst collecting data on disability discrimination cases specifically is not a requirement of the [Equality Act’s] public sector equality duty, it would be a beneficial way of monitoring how an organisation is performing against its obligations.”

A DWP spokeswoman said the department takes “active steps to promote equality” and that the complaints system – provided by a third party – had now been “updated to capture categories of grievances”, a step apparently taken in the days after the freedom of information response was sent to DNS on 22 November.

According to information provided to DNS by the department, DWP has also altered its policies only this year to ensure that employees found to have bullied, harassed or discriminated against a colleague are dealt with under its disciplinary procedures.

It is due to make further changes next month to make it easier for employees to report such behaviour and to make anonymous reporting easier.

Meanwhile, Sarah Newton, the minister for disabled people, has launched a new voluntary framework that aims to encourage employers to report how many of their staff consider themselves to be disabled or to have a long-term physical or mental health condition.

It came as she hosted a roundtable at Downing Street with businesses such as Barclays, Channel 4 and KPMG, and disabled employees, to discuss “what more companies can do to build inclusive workforces”.

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