Research exploring ways to improve the Disability Confident Employer Scheme in Wales - Potential barriers to change

In addition to reflections on the current Disability Confident Employer Scheme, there were discussions amongst participants regarding any obstacles to reforming the current scheme.

One obstacle reflected on by participants across the three focus groups was stakeholder capacity. DPO’s particularly reflected they currently have limited capacity to get involved in the current or any future scheme and would require additional financial resources.

How many DPO’s are there in Wales? Less than 30, maybe, as far as we know. And that was the last thing that I was quoted. I know Organisation X is having a push to develop the role of DPO’s. But we certainly haven't got any capacity. We spend a lot of time supporting people who are in employment, who are being discriminated against where the employer is trying to get rid of them. (DPO group participant)

The requirement of support was discussed. DPO’s would need to develop the necessary infrastructure to ensure employers were supported with relevant policies and procedures that were well governed to maintain quality standards. 

 I really think, in terms of funding DPO’s, I think we're going to see less of that, not more. I really think there's going to be absolutely no chance of any DPO being funded to deliver anything like this. (DPO group participant)

You would need to have enough money to actually pay salaries before you even start undertaking an evaluative activity. So even though that might be an income stream for you, you have to be able to pay the staff to be employed within your organisation. (DPO’s group participant)

A ‘shared purpose’ between different groups of stakeholders who have common interests would be needed.

Participants reflected on the poor relationship between the DWP, with some disabled people and DPO’s. Some participants shared concerns regarding a lack of trust which was based on and referred to how disabled people felt they have been viewed and treated historically.

Disabled people in general just no longer have any trust at all. And it goes beyond that to becoming a fear of the DWP. So, if you've got that on one hand, you're not going to, then have the confidence and trust in a scheme that's run by that organisation. (Trade union group participant)

Yeah, with regard to the DWP elements. I can't answer for my organisation. But as somebody who identifies as and is married to a disabled person. Yeah, I think you know, given the concerns that our communities have with the DWP, that would make sense definitely. (Employers group participant)

However, it was also reflected by some participants that the DWP had taken an active role in their local area by encouraging employers to move towards Level 3. And therefore, the success of the scheme was often dependent on the extent of the relationship between stakeholders locally and their DWP officers.

And it was that process, combination of all 3, I guess the access officer, the supported business and the learning disability champions that really led to us going down a Disability Leader status. And I have to say it was through DWP that that happened. And I have to say, they are really active in West Wales. So DWP is really active in championing Disability Confident in West Wales. We would not have become a Disability Confident Leader if it wasn’t for a DWP event that both our head of HR And our CEO were at where they were told by our disability champions that they should be Disability Confident Leader. (Employers group participant)

Therefore, the establishment of greater trust between stakeholders and the DWP was deemed as crucial to overcoming obstacles to reforming the current scheme.

It was reflected that the recent change in the UK Government may present new opportunities for stakeholders to engage and work more closely with the DWP in the future. Participants felt this could include engaging with disabled people and working co-productively, similar to that demonstrated by the Welsh and Scottish Governments.

The role of trade unions was discussed in relation to supporting disabled people in the workplace. It was noted that some disabled people may feel ‘missing in action’ when it came to trade unions, simply because many are not in the labour market.

It was reflected that trade unions have little involvement in the current scheme. However, it was positively acknowledged that trade unions can (and should) have a role in improving and supporting organisational work around disability in the future.

But it's about the campaign around what we do and making sure those in our communities do have a voice but disability rights is right at the heart of that work that we do. (Trade union group participant)

There was recognition that trade unions could be working much more collaboratively with DPO’s. However, as with DPO’s, capacity and funding would be required for trade unions to play more of a role. 

In 2013, we negotiated that there would be a trade union equality rep coordinator. And then by 2015, the funding for that post had gone. (Trade union group participant)

Current legislation was seen as a structural obstacle. It was reflected by participants that legislation often focuses more on individual disability discrimination cases as opposed to addressing barriers across sectors. Participants shared ambitions for stakeholders to be working together more in the future to collectively identify solutions.

One participant reflected that they were experiencing a current disability employment dispute and had received positive support and encouragement from their local union branch.  However, as there was limited funding at a regional level, the union was reluctant to try and test the case and support with legal costs to take the case forward.

I found that quite depressing. Because I'd been a Union member all my life. And when it came to me being discriminated against in the workplace, and it was around reasonable adjustments and a failure to make reasonable adjustments, I felt like my union wasn't there for me. And I think that this does get repeated by quite a lot of disabled people who’ve had experiences in the workplace. (Trade Unions group participant)

It was reflected that this issue can arise where there can be particularly high thresholds set to decide which cases are taken on due to a low chance of winning. It was noted by one participant that some unions would not want to be seen to be losing discrimination cases as they could ‘potentially lose their ‘clout’ in the future.

It would be interesting to see how many of these big leaders who employ lots of people, how many disability discrimination cases they've had to deal with. Because that will give a true picture as to whether this kite mark makes any difference at all. (Group participant)

Participants from the trade unions focus group reflected there are current discussions happening regarding this issue of law and a renewed commitment by trade unions to review the thresholds to take cases forward in the future.