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Manager Training

Welcome to this free training resource! This training is aimed at managers and supervisors to provide additional information to make informed judgements.

 

You MUST complete the staff training course before starting this course. 

 

This course is provided for educational purposes only. 

Reasonable Adjustments

 

Service providers are required to make reasonable adjustments for disabled people. They mandate 3 adjustments (1):

  1. A change to a policy or procedure.

  2. A change to a physical feature.

  3. Providing an auxiliary aid.

In relation to assistance dogs, adjustment 1 and 3 apply. A “no animals” policy must be reasonably changed to accommodate a disabled persons auxiliary aid (assistance dog). This accommodation should be written into the policy so that disabled people are not disadvantaged.

 

It is reasonable to allow access for assistance dogs in most situations. It is only in exceptional circumstances where it would be unreasonable to allow an assistance dog, such as in a sterile surgery. Religion, potential allergy and preference are not reasonable reasons to refuse an assistance dog access (2).

 

It is unreasonable to place additional costs on a disabled person because of a reasonable adjustment (1).

Anticipatory Duty

 

Service providers should anticipate and consider the barriers that could affect a disabled persons ability to access a service (3). Action must then be taken so that the adjustments can be implemented immediately. Failing to do so may result in being unable to provide a required adjustment.

 

While it is not possible to anticipate the needs of every individual, reasonable consideration should be made to reduce barriers for different disability groups. If an individual requires an adjustment that has not yet been considered, it might be reasonable to take steps to arrange that adjustment. This information should inform revisions of policies and procedures, with changes made to adjustments as the service develops.

 

Due to a high number of disabled people utilising assistance dogs, it would be reasonable to anticipate and make reasonable adjustments for the accommodation of an assistance dog.

Understanding Reasonable

 

Deciding if an adjustment is reasonable is important (4), however it is ultimately only a court that can make the final decision.

 

The first thing to establish is if the adjustment will overcome the barrier. If it will not support the disabled persons access, then it is not being effective in removing disadvantage. If an adjustment is deemed beneficial, the practicality must then be considered, including:

  • Does the service have sufficient resources/funds to make the adjustment?

  • Are the costs associated with making the adjustment reasonable?

  • Would the adjustment fundamentally change the service?

  • Does the adjustment compromise safety?

  • Would the adjustment cause unreasonable disruption?

  • Is the adjustment achievable?

 

In most situations, it would be considered reasonable to allow assistance dogs. Some locations, such as sterile hospital wards or when in contact with live animals at zoos, may be reasonable to restrict assistance dog access for safety reasons.

 

If a dog were acting in a disruptive or dangerous manner, it may not be reasonable on that specific occasion.

 

Dogs in Training

 

There is no such thing in law as an assistance dog in training, however it’s a term commonly used by the community. Depending on why the dog is labelled as in training will depend if the dog is a reasonable adjustment.

 

Some companies will use the term training to identify that a dog is being trained by a non-disabled handler. In this instance, the person is not protected by the Equality Act 2010 to bring the dog as they are not entitled to reasonable adjustments. Despite this, it is important for these dogs to access services to refine their skills so they can go on to help a disabled person. Where reasonable, please allow them access.

 

In other situations, training can be used by a disabled person to signal their dog may make mistakes. In this instance, if the dog is able to mitigate the persons disability and its reasonable for them to be there, then the person is protected by the Equality Act 2010 to bring the dog with them as a reasonable adjustment.

 

Please remember that not all disabilities are visible. Just because a person doesn’t look disabled, doesn’t mean that they aren’t protected by the Equality Act 2010.

 

Policies and Procedures

 

You should have a clear and accessible policy and procedure in place regarding assistance dogs. The policy must outline the rights and responsibilities of both the service provider and assistance dog handler. It should also detail the procedure for welcoming assistance dogs, behaviour expectations, and handling complaints/disputes. These documents must be reviewed regularly. 

 

Example policies have been provided for educational purposes only. These policies are fictitious. 

Highstreet store

Risk Assessment

 

Your service may need to conduct a risk assessment to determine the risks and hazards associated with allowing assistance dogs on the premises. Within this risk assesment, you should consider risks to your staff members, customers, reputation, and the assistance dog handler/assistance dog, as well as steps needed to reduce those risks. 

 

Example risk assessment for educational purposes only. Risk assessment is fictitious. 

Highstreet store

Signage

 

Many services have a sticker or sign at the front of the store to advertise their policies. If a service has a sign banning animals from entering, it is important to make assistance dog handlers aware that they are still welcome. Unfortunately, there are a number of inappropriate signs available on the market.

 

Inappropriate signs:

  • Guide/Hearing Dogs Only – This is discriminatory towards individuals with disabilities other than visual/hearing impairments that utilise an assistance dog.

  • Registered Assistance Dogs Permitted – There is no legal requirement for a dog to be registered and is therefore discriminatory to handlers who are not affiliated with an organisation.

  • Service Dogs Allowed – In the UK, a service dog is a police or military dog. While they may enter as part of their professional role, this does not make adjustments for disabled people.  

 

Appropriate signs:

  • Assistance Dogs Welcome/Permitted/Allowed – This is welcoming to disabled people and their assistance dogs regardless of the dogs role.

 

Liability of Employers

 

Employers are legally responsible for the actions of their employees during the course of employment, including in instances of discrimination, harassment, and victimisation (5). This does not apply to criminal actions.

 

Employers can defend themselves by evidencing that they took reasonable steps to prevent discrimination, harassment, and victimisation from occurring (6).

Liability of Employees

 

Individual employees are responsible for their own unlawful acts (7).

 

If an employee makes an unlawful act after statement from their employer that the act is lawful, the individual employee is not liable (8). The employer would be liable in this instance.

Action

 

In order for discrimination to be avoided, proactive steps can be taken. These will not only help prevent discrimination, they will also help protect your liability as an employer.

 

These include:

  • Policies and procedures, of which all staff are aware, that is monitored and updated.

  • Training for staff members so they know about unlawful discrimination.

  • Accessible complaints procedure with disciplinary rules to tackle discrimination.

  • Consultations with service users and professionals for feedback on inclusion.

Complaints

 

If discrimination occurs, the party may choose to make a complaint, both formal and informal. Regardless of if a formal complaint is made or not, it is vital that you follow up on discriminatory events to ensure they do not reoccur. 

 

  1. You will be made aware of the complaint.
  2. You will need to raise the matter with the relevant employee. Inform them of what went wrong and review the relevant policy/procedure with them so they are aware of what to do next time. 
  3. Review your employee training to prevent future issues with other staff members. 
  4. Assure the complainant that the matter has been addressed and that training has been put in place to prevent future issues. 

 

In some instances, the complainant may involve a third party, such as the Equality Advisory and Support Service to help mediate. 

Assessment

Please complete all of the questions below. 

Name
E-mail
Which reasonable adjustments apply to assistance dog handlers? (2 marks)
What anticipatory steps can be taken to ensure that assistance dog teams are welcomed? (4 marks)
A dog marked as an assistance dog is barking. What would you do? (3 marks)
A dog marked as an assistance dog has toileted in the store, the handler is very distressed. What would you do? (2 marks)
A handler with a dog clearly marked as an assistance dog has been refused entry to the establishment by a member of your staff. They have asked to speak with you. What do you do next? (3 marks)

I have read, understand and agree with the terms and conditions.

Assessment

Please complete all of the questions below. 

Name
E-mail
Establishment name

Please upload copies of the following relating to assistance dogs:

Policy
Risk assessment
Window sticker/signage
Staff training procedure
Complaints policy/procedure

I have read, understand and agree with the terms and conditions.

References

  1. Equality Act 2010, Section 20.

  2. Equality and Human Right Commission. (2017). Assistance dogs: A guide for all businesses. Retrieved from https://www.equalityhumanrights.com/en/publicationdownload/assistance-dogs-guide-all-businesses

  3. Equality and Human Rights Commission. (2011). Services, public functions and associations. Statutory Code of Practice (Provision 7.20). Retrieved from https://www.equalityhumanrights.com/sites/default/files/servicescode_0.pdf

  4. Equality and Human Rights Commission. (2011). Services, public functions and associations. Statutory Code of Practice (Provision 7.29). Retrieved from https://www.equalityhumanrights.com/sites/default/files/servicescode_0.pdf

  5. Equality Act 2010, Section 109.

  6. Equality and Human Rights Commission. (2011). Services, public functions and associations. Statutory Code of Practice (Provision 3.33). Retrieved from https://www.equalityhumanrights.com/sites/default/files/servicescode_0.pdf

  7. Equality Act 2010, 110.

  8. Equality and Human Rights Commission. (2011). Services, public functions and associations. Statutory Code of Practice (Provision 3.37). Retrieved from https://www.equalityhumanrights.com/sites/default/files/servicescode_0.pdf