§ Mr. WigleyTo ask the Secretary of State for the Environment, Transport and the Regions if he will take steps to ensure that people who are HIV-positive do not suffer discrimination as a result of employment practices followed by his Department. [137783]
§ Ms Beverley HughesThe Department is committed to equality of opportunity in the employment of staff. It also has commitments towards their welfare and well-being and takes a number of steps to ensure that there is no discrimination against staff who are HIV-positive.
HIV is covered by the Disability Discrimination Act 1995 and the Human Rights Act 1998 and in accordance with these legislative requirements. Departmental guidance given in the staff hand book states that:
There will be no discrimination in recruitment against applicants (for both external and internal vacancies) on the grounds that the applicant is HIV-positive. Applicants who have declared they are HIV-positive will be subject to the normal rules governing health appointments.Staff will not be dismissed because they are HIV-positive or transferred to alternative employment unless they request it or medical advice recommends this, or medical retirement is appropriate.No member of staff or applicant for a post is required to take the HIV antibody test.Victimisation of any member of staff who is HIV-positive could result in disciplinary action being taken against the offending member of staff.Staff who are HIV-positive are not required to inform the Department. If a member of staff declares that they are HIV-positive, the information will be maintained on a confidential basis.The Department recognises the importance of counselling for members of staff who are HIV-positive. Counselling and Support Services will provide counselling, advice and adequate support and will make reasonable arrangements to enable work to be continued.
The Department has the following support mechanisms available to staff who are HIV-positive:
- Counselling and Support Services
- Harassment Contact Officers
- Trade Union Support
- Lesbian Gay and Bisexual Network
- Disability Network
- Personnel Advisers.
As an example of positive support, members of the Equality and Diversity Team, along with the Trade Union representatives, recently liaised with the National Aids Trust to prepare a return to work programme for an HIV-positive member of staff who is undergoing combination therapy.