An unquiet mind in the workplace: mental illness and the Disability Discrimination Act 1995

Legal Studies ◽  
2004 ◽  
Vol 24 (4) ◽  
pp. 516-539 ◽  
Author(s):  
Grace James
Keyword(s):  
Mental Illness ◽  
Labour Market ◽  
Case Law ◽  
Welfare To Work ◽  
Current Policy ◽  
Policy Makers ◽  
Disability Discrimination ◽  
Mentally Impaired ◽  
Disability Discrimination Act ◽  
The Relationship

New Labour's recent ‘Welfare to Work’ policies encourage people with disabilities, where possible, to enter and participate in the workplace. The current policy of ‘inclusion’ is supported by the Disability Discrimination Act 1995 (DDA), which came into force in December 1996 providing those who are discriminated against on the grounds of their disability with an action against their employer. Drawing upon recently decided case law, this paper considers what the DDA offers those who are discriminated against because of a mental illness. I argue that policy-makers, courts and tribunals, because the relationship between physical and mental impairments is often misunderstood, fail to reflect the varied nature of or understand the stigma associated with, mental ill health. The law is thus at present incapable of providing adequate protection for mentally impaired individuals who attempt to participate or remain in the labour market, and new approaches, which are sensitive to the diverse nature of disability, need to be considered.

The Employer's Duty to Make Reasonable Adjustments. When is a Reasonable Adjustment, Not Reasonable?

2009 ◽  
Vol 10 (3) ◽  
pp. 111-131 ◽  
Author(s):  
Stephen Bunbury
Keyword(s):  
Case Law ◽  
Physical Feature ◽  
Steady Increase ◽  
Foreseeable Future ◽  
Disabled People ◽  
Disability Discrimination ◽  
The Disabled ◽  
Disability Discrimination Act ◽  
The Impact

This article considers the impact of the reasonable adjustments duty imposed upon employers in section 4A of the Disability Discrimination Act (1995) where a provision, criterion, practice, or physical feature of the premises of the employer places the disabled person at a substantial disadvantage in comparison with persons who are not disabled. It considers that while the duty to make reasonable adjustments has contributed to the rising rates of employment among disabled people, an examination of the Employment Tribunal and EAT Statistics (GB) conversely reveals that there has been a steady increase in cases of disability discrimination in recent years. It is argued that the complexity of section 4A and the ensuing case law have contributed to the rising tide of cases in this field and is a trend which is likely to continue for the foreseeable future.

The right to work: a justification for welfare to work?

2020 ◽  
pp. 49-66
Author(s):  
Elise Dermine
Keyword(s):  
Human Rights ◽  
Labour Market ◽  
Case Law ◽  
Welfare To Work ◽  
International Human Rights ◽  
Right To Work ◽  
The Will ◽  
International Human ◽  
Abstract Condition ◽  
The Right

The promoters of welfare-to-work programmes sometimes state that these are based on the will to ‘better realise’ the right to work of their recipients. This chapter questions this assumption and examines whether and under which conditions, those programmes could eventually find their foundation on the fundamental right to work proclaimed in international human rights texts. It demonstrates from an analysis of the international pacts, their preparatory texts and the case law that welfare-to-work measures can only be considered as aimed at realising the right to work if they are likely to improve the chances of their recipients to later find a freely chosen, paid and productive job in the labour market. It shows that this open and abstract condition excludes a large part of welfare-to-work measures from a human rights-based justification for the type of work they value or the way they are implemented.

scholarly journals The Disability Discrimination Act 1995 and psychiatry: lessons from the first seven years

2004 ◽  
Vol 28 (4) ◽  
pp. 126-129 ◽  
Author(s):  
Nick Glozier
Keyword(s):  
Secondary Care ◽  
Psychiatric Illness ◽  
Relevant Information ◽  
Case Law ◽  
Professional Standards ◽  
Clinical Implications ◽  
Disability Discrimination ◽  
Icd 10 ◽  
Interesting Variation ◽  
Disability Discrimination Act

Aims and MethodTo extract relevant information for clinicians from reported and/or accessible cases involving psychiatric illness brought under the Disability Discrimination Act 1995 (DDA). Institutional databases were searched for DDA cases and relevant guidance from case law extracted.ResultsOver half the cases reaching higher courts involve psychiatric illness. A number of decisions provide guidance for clinicians wishing to aid their own patients, and those involved as expert witnesses. These cover which conditions are included as impairments (almost everything in ICD–10), what associated effects are to be considered, and the relevance of comorbidity and treatment. Cases often involve recovery of clinical documents that reveal interesting variation in professional standards.Clinical ImplicationsVirtually all patients of psychiatrists in secondary care would be covered by the DDA. Knowledge of this Act could be used to enhance a patient's access to employment and services, and potentially overcome some of the effects of stigmatisation.

The next generation: Experiences of higher educated Turkish-Dutch on The Hague labour market

2014 ◽  
Vol 11 (2) ◽  
pp. 206-217
Author(s):  
Karijn G. Nijhoff
Keyword(s):  
Higher Education ◽  
Qualitative Study ◽  
Labour Market ◽  
Education System ◽  
Minority Groups ◽  
Personal Characteristics ◽  
Market Positioning ◽  
The Hague ◽  
The Relationship ◽  
Dutch City

This paper explores the relationship between education and labour market positioning in The Hague, a Dutch city with a unique labour market. One of the main minority groups, Turkish-Dutch, is the focus in this qualitative study on higher educated minorities and their labour market success. Interviews reveal that the obstacles the respondents face are linked to discrimination and network limitation. The respondents perceive “personal characteristics” as the most important tool to overcoming the obstacles. Education does not only increase their professional skills, but also widens their networks. The Dutch education system facilitates the chances of minorities in higher education through the “layering” of degrees. 

POLICY CHANGE – THE ROLE OF IDEAS AND POLICY ENTREPRENEURS

2018 ◽  
pp. 63-72
Author(s):  
Arwanto Arwanto ◽  
Wike Anggraini
Keyword(s):  
Policy Change ◽  
Significant Role ◽  
Policy Process ◽  
Policy Entrepreneurs ◽  
Multiple Streams ◽  
Policy Makers ◽  
Problem Framing ◽  
Exogenous Factors ◽  
The Relationship

ABSTRACT Understanding policy process involves many distinctive approaches. The most common are institutional, groups or networks, exogenous factors, rational actors, and idea-based approach. This paper discussed the idea-based approach to explain policy process, in this case policy change. It aims to analyse how ideas could assist people to understand policy change. What role do they play and why are they considered as fundamental element? It considers that ideas are belong to every policy actor, whether it is individual or institution. In order to answer these questions, this paper adopts Kingdon’s multi streams approach to analyse academic literatures. Through this approach, the relationship between ideas and policy change can be seen clearer. Ideas only can affect in policy change if it is agreed and accepted by policy makers. Therefore the receptivity of ideas plays significant role and it emerges policy entrepreneurs. They promote ideas (through problem framing, timing, and narrative construction) and manipulate in order to ensure the receptivity of ideas. Although policy entrepreneurs play significant role, political aspects remains the most important element in the policy process. Keywords: policy change, ideas, idea-based approach, Kingdon’s multiple streams, policy entrepreneurs.

An Investigation of Faculty Members' Engagement in Saudi Arabia

2018 ◽  
Vol 3 (2) ◽  
pp. 114-136
Author(s):  
Eman I AHMED
Keyword(s):  
Employee Engagement ◽  
Faculty Perceptions ◽  
Cognitive Engagement ◽  
Faculty Members ◽  
University Administrators ◽  
Point Scale ◽  
Policy Makers ◽  
Efficiency And Effectiveness ◽  
The University ◽  
The Relationship

Faculty engagement has been proved to be a critical driver of the universities’ efficiency and effectiveness. The first step towards building an engaged workforce is to get a measure of faculty perceptions of their engagement level to their universities. Accordingly, the purpose of this paper is to investigate the faculty members' engagement in the Imam Abdulrahman Bin Faisal University. It examines the relationship between the faculty professional variablesand their level of engagement to their institutions. William Kahn's (1990) three-component model of employee engagement was partially adapted as a framework to measure the faculty members' engagement. A questionnaire was used to better address the objective of this study. The data were obtained from the Imam Abdulrahman Bin Faisal University (Dammam University) through an internet-based survey. The validity and the reliability of the questionnaire has been evaluated and reported. Results of the analyses show that cognitive engagement is reported to be higher than both the emotional and physical engagement, with a mean rating of 4.040 and a standard deviation of .487, based on the five-point scale. Given the engagement level of the faculty members in this study, the university administrators should develop policies, and strategies that encourage and support engagement among faculty members at the University in order to maximize their engagement. Policy makers must also take into consideration the needs of the faculty members

An Analytical Approach to Cruise Tourism As an Option For Development: a Case Study of the Sultanate of Oman

2020 ◽  
Vol 15 (2) ◽  
pp. 95-109
Author(s):  
Heba Aziz ◽  
Osman El-Said ◽  
Marike Bontenbal
Keyword(s):  
Capital City ◽  
Sultanate Of Oman ◽  
Policy Makers ◽  
Cruise Tourism ◽  
The Impact ◽  
The Relationship ◽  
Average Expenditure ◽  
Return Intention

The objective of this study was to measure the level of cruise tourists' satisfaction as well as the relationship between satisfaction, recommendation, return intention, and expenditure. Also, the impact of factors such as nationality, length of the visit, and age on the level of expenditure was measured. An empirical approach for data collection was followed and a total of 152 questionnaires were collected from cruise tourists visiting the capital city of Oman, Muscat, as cruise liners anchor at Sultan Qaboos Port. Results of the regression analysis supported the existence of a causal relationship between satisfaction with destination attributes, overall satisfaction, recommendation, return intention, and expenditure. It was found that the average expenditure varies according to age and length of the visit. Recommendations for policy makers were suggested on how to increase the role of cruise tourism in strengthening the economy.

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