- Conference
- 2024 Energy Service Group Conference
- Date
- 20 February 2024
- Decision
- Carried
Conference notes that there is increasing anecdotal evidence from branches and stewards in the Energy service group of disabled and older workers being “managed out” of organisations. This can include Energy employers using capability procedures to push disabled workers out of their jobs without fully exploring reasonable adjustments that could be made in order to allow a level playing field.
Disabled and neurodiverse workers in the Energy service group can find themselves micromanaged with every detail of what they do picked up on by management. They can also be subject to sickness absence procedures that can lead to job loss when reasonable adjustments and disability leave should have been considered.
UNISON’s model capability procedure recommends that formal capability procedures should only be used as a last resort after other forms of performance management and sickness absence management have been exhausted. The emphasis should be on encouraging the employee to improve, giving them a chance to recover or manage their impairment, and to stop any further problems arising. For example, Acas suggests that the employer could provide their employee with support, such as making changes to their work or arranging counselling sessions, and training to help them do their job better.
UNISON’s model capability procedure guidance makes clear that it would be unfair and potentially discriminatory if an employer instigated a formal capability procedure because a disabled worker could not do their job, even though they could do their job if reasonable adjustments were agreed. As Acas states: “If the employee has a disability that’s related to the capability issue, the employer must take reasonable steps to support them.”
Conference believes that disabled workers are talented and capable and can thrive in the Energy service group if they get the reasonable adjustments and disability leave they should be entitled to by law, and if the capability procedure is not used as a tool to exclude them from the workforce.
Conference therefore calls on the service group executive to work with the national Disabled Members Committee to:
1) Encourage branches to use UNISON’s two bargaining guides on Disability Leave and on Reasonable Adjustments Policies and Passports to bargain for policies that allow better access to reasonable adjustments for disabled workers in the Energy sector
2) Circulate UNISON’s model capability procedure to branches and encourage them to audit existing capability procedures against this, and negotiate for any gaps in support for our disabled members.