Yuliya Kuznetsova, NOVA
PhD student NTNU, Marie Curie research fellow
Enhancing access to employment for persons with disabilities:
a comparison of the social regulatory policies
in Norway and the UK
1. ABSTRACT
4. RESULTS
Since late 1990s the strong commitment to labour market
inclusion of persons with disabilities in the European
Union (EU) has given rise to new national disability
Yuliya Kuznetsova
policies promoting active
participation and inclusion of
Institute,
persons NOVA
with Norwegian
disabilitiesSocial
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the mainstream
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Norway
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been given to social
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redistributive
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social exclusion and segregation
of persons with
ykuznetsova@nova.no
disabilities, the ‘social
regulation’ policies focus on
equality and non-discrimination and represent a great
potential for improving the prospects of employment for
persons with disabilities. However, it is unlikely they can
fully replace redistributive provisions.
Level
UN
2. PROBLEM AND OBJECTIVE
Traditionally, the obligations of providing employment to
persons with disabilities have fallen upon the government
and the state. Traditional policies would not be described
as ‘equal treatment’ policies as they were aimed to maintain
and segregate, but not empower persons with disabilities.
Such employment schemes as quota schemes, sheltered
workplaces,
vocational
rehabilitation
programmes
prevailed. The following factors have influenced disability
policies:
• The widespread recognition of the ‘social model‘ of
disability instead of the ‘medical model’ .
• The rise of social regulation policies alongside with
economic regulation to influence non-governmental
actors to act in line with social objectives.
• Welfare reforms and minimization of redistributive
provisions and introduction of more active measures to
promote employment of persons with disabilities
The paper aims to analyse the developments of the
social regulatory policies in Norway and the UK
enhancing inclusion of persons with disabilities in the
workforce and preventing discrimination. It discusses
policies strengths and weaknesses, as well as
similarities and differences.
3. METHODOLOGY
The paper uses descriptive comparative analysis of the
social regulatory policies preventing discrimination and
enhancing access to employment of persons with
disabilities. Norway and the UK are selcted for the
analysis as countries represent different welfare regimes.
Though, among the majority of the European countries
that maintain some form of employment quota
obligation,
these
countries
focus
on
working
environment and anti-discrimination policies, and report
rather high employment rate of persons with disabilities.
 United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) 2006, Article 27 – the right to employment
 The Treaty of Amsterdam of 1997 and its Article 13
 The European Equality Directive (2000/78/EC)
EU
Norway
Social regulatory policies enabling persons with disabilities to find
and retain employment:
(1) legal obligations on the part of employers,
(2) financial incentives for employers,
(3) persuasion strategies.
Of particular interest in this paper are regulatory provisions aiming
to prevent discrimination and provide accessible work places and
appropriate accommodation, on the part of employers.
Social regulatory disability provisions promoting principles of equality and non-discrimination
Legislation
Financial incentives
Awareness
(strategies/ programmes/ recommendations)
UK
 The Working Environment Act (WEA) of 1978, 1995,
2001, 2005 and 2007. The WEA of 2007 has incorporated
the special section about adaptation of employees with
reduced capacity to work (Chapter 4: 4-6)
 Anti-Discrimination and Accessibility Act.
(ADAA or the Act June 20 2008 No 42) entered into
force on January 1, 2009. The new Act has aimed to
provide general protection against discrimination and
ensure the right to social participation to all persons
regardless their disability in all areas of society.
 Wage subsidies to
employers
 Reimbursement of
reasonable accommodation
 Transport subsidies
 Assistance in adjustment of
the workplace
 The Disability Discrimination Act (DDA) 1995
 The DDA 2005 (amendment to the DDA1995 that imposed
specific duties on the public authorities)
 The Equality Act 2010 has replaced most of the DDA
and broadened the scope of the legal rights for disabled
people in the areas of employment, education, access to
goods, services and facilities etc.
 The Work Programme 2011
 Access to Work - a UK
government scheme
administered by JobCentre
Plus
 The Work Choice
 Disability Employment
Advisors
 Social Protection & Social Inclusion Strategy , Europe 2020, European
Employment Strategy, ‘Agenda for new skills and jobs’, ‘Youth on the
move’, ‘European platform against Poverty’, and ‘Digital Agenda for
Europe’, European Disability Action Plan 2003-2010, European
Disability Strategy 2010-2020
 The White Paper (St.meld.nr.39 1991-92) “Rehabilitation and Work for
Occupationally Disabled”
 The Welfare White Paper 1995 (St.meld.nr.35 1994-95)
 Report to the Storting No. 9 «Work, Welfare and Inclusion” (St.meld.
nr. 9 2006–2007)
 A More Inclusive Working Life (the IA Agreement) since 2001
 The Act on Civil Servants (“Forskrift til lov om statens tjenestemenn”)
 The “Trainee programme” (Fornyings- og administrasjonsdepartementet)
as of 2007
 Jobs Strategy for People with Disabilities 2012 (Annex to bill brought
before Parliament, Proposition to Stortinget 1 S (2011–2012)
 The National Strategic Plan for Work and Mental Health 2007-2012
 “Two tick symbol” or The Disability Symbol is an accreditation
awarded by Jobcentre Plus to those employers who agree to meet five
commitments that amount to positive action, to encourage applications
and assist the career development of disabled people
5. DISCUSSION OF RESULTS
NORWAY
• Social democratic welfare regime: high
welfare cash benefits, social protection,
freedom from the labour market, highly
regulated labour market
• Implementation of active labour market
policies
• Focus on safety and work environment
• Redistributive provisions have more
important role than regulatory policies
• Employment rate for persons with
disabilities – 42,3%, total employment –
73,9% (Statistics Norway, 2011 data)
UK
• Liberal welfare regime: minimal and
targeted welfare arrangements, more
emphasis on anti-discrimination
strategy, high dependence on the labour
market, minimal social rights
• Replacement of the old ‘quota scheme’
with anti-discrimination measures
• Long tradition focused on the
individual- interventions and promotion
of anti-discrimination policies
• Percentage of people with a disability in
employment – 45,6%, and without – 75,
2% (Office for National Statistics, UK,
Q2 2011)
The gradual transformation of policies towards stronger protection of persons with disabilities in
enhancing their access to employment is observed both in Norway and the UK.
The following similarities are distinguished:
• the right not to be discriminated against in various spheres of life, in access to employment and in
work environment is granted to persons with disabilities
• the term ‘discrimination’ has included all kinds of discrimination (direct, indirect, harrassment)
• the coverage is extended to people who were not previously protected
• in case of discrimination, persons with disabilities have the right to apply to the court and special
authorities have been created
• employers duties include all aspects of employment practices, but especially focus on provision of
reasonable accommodation and removal of workplace disadvantages
Among the differences, the following can be noted:
• Both public and private employees are subjected to legislation, though to a more extensive degree in
the UK than in Norway.
• Some specific duties, definitions and provisions are different, especially related to the issue of
accommodation: e.g. ‘universal design’ in ADAA 2008, as well as the size of the private enterprises
covered by legislation limited in Norway only for private enterprises with more than 50 employees.
Strengths: Persons with disabilities are given stronger rights, and successful implementation of the nondiscrimination legislation will help eliminate existing stereotypes
Weaknesses: The problems with policy implementation are: a) ‘reasonable accommodation’ and associated
costs; b) differences in implementation regarding industrial sector and occupations; c) more emphasis on
retention that on recrutiment of new employees; d) insufficient policy coordination.
6. CONCLUSION
The existing social and welfare policies and traditions between the countries have initially determined the
scope of disability policies in Norway and the UK. Both countries have intensified non-discrimination
legislation to make employers more responsible. These actions have been influenced by the European and
international policy orientations and the ‘social model’ of disability. They also respond to the need for more
regulation at the local levels in each country. However, more coordination, monitoring, clear understanding
and financial incentive are needed.
Norwegian
Social
Research
Norwegian
Social
Research