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Disability Legislation
Since December 1996 it has been unlawful to treat disabled people less
favourably than other people for a reason related to their disability.
For a definition of disability click here
The DDA offers protection to disabled people in the areas of:
- Employment
- Access to goods, facilities and services
- The management, buying or renting of land or property.
As an employer, discrimination occurs when:
- You treat someone less favourably than you treat others
- Refuse to make a reasonable adjustment
and cannot justify the refusal.
- Victimisation is also unlawful under the Disability Discrimination
Act.
There have been many changes to the Act since it came into force. Those
relating to employment include:
- From October 2004 sectors that were previously exempt from the
DDA such as fire fighters, police and prison officers, are included.
- Small businesses (those with less than 15 employees) are also covered.
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Definition of Disability
When cases of discrimination are brought to a tribunal, the first thing
that must be determined is that the person can be defined as disabled
under the DDA.
The DDA defines someone as having a disability if they have:
- A mental or physical impairment;
- That has an adverse effect on their ability to carry out normal
day-to-day activities;
- The adverse effect is substantial;
- The adverse effect is long-term (meaning it has lasted for 12 months,
or is likely to last for more than 12 months or for the rest of their
life).
(A fuller definition can be found on the following website:
www.drc-gb.org/rights/definition.asp)
Physical impairments include those that are not immediately visible
such as diabetes or ME.
Work related stress or anxiety may now be considered a mental impairment
under the Act if there is sufficient medical evidence to support it.
People are often held to be able to perform 'normal
day to day activities' because they can undertake certain tasks. Recent
cases that have gone to appeal have overturned original decisions on
the basis that tribunals focus on what a person can do rather than what
they can't.
Settling Disputes
The Disability Conciliation Service
provides a free alternative to Tribunals. However, in order to use it,
both the employer and employee must agree to conciliation.
The burden of proving that a person is disabled is on the person who
claims to be disabled. Medical evidence is often considered. A tribunal
may have to choose between evidence provided by a company doctor and
the individual's doctor.
At tribunal, a claimant must be able to prove that there is a link between
their disability and the treatment that they have received.
Employers must be prepared to make reasonable adjustments if the working
environment places an employee at a considerable disadvantage. The onus
is on the employer. If the employee cannot identify a reasonable adjustment,
the employer must still try to find a solution. They can do this using
assistance from Jobcentre Plus or advice from the Disability Rights
Commission (DRC).
At the end of December 2001 almost 9,000 cases had
commenced under the employment provision of the DDA.
- 2,000 of these cases reached a hearing.
- 16% of claims were from secretarial and clerical staff.
- 16% of claims were from plant, vehicle and machine operatives.
- 13.5% of claims were from managers or administrators.
- 20% of cases were from the manufacturing sector.
- 20% of cases were from the public administration sector.
- The success rate is around 20%.
- The average award for injury to feelings is around £5,000.
The Disability Bill
A draft Disability Bill will be published in 2005. It may:
- Extend the definition of disability to cover people with HIV and
cancer from the point of diagnosis.
- Extend the time limit for bringing claims to an employment tribunal
to 6 months.
- Give tribunals power to order reinstatement or re-engagement of
employees who have been dismissed.
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Conclusion
The main purpose of the DDA was to create an inclusive society for everyone.
It is fair to say that the Act has gone some way to achieving this as
more employers take a pro-active approach and Tribunals learn to be
flexible where appropriate.
Further Information
Facts and Figures
The Department of Work and Pensions
estimated in 2004 that there are approximately 9.8 million disabled
people in Britain. Over 800,000 of these live in Scotland.
Websites
The Department of Work and Pensions estimated in 2004 that there are
approximately 9.8 million disabled people in Britain. Over 800,000 of
these live in Scotland.The following government website has information
on the many different parts of the Act. www.disability.gov.uk/dda/index.html
A number of useful publications can be ordered from the Government's
Disability Website at www.disability.gov.uk/archive/dda/employer.html
Two publications are also available to download in text or PDF format.
An Introduction for Small and Medium sized Businesses
www.disability.gov.uk/archive/dda/73896sum.pdf
Part III - Rights of Access to Goods, Facilities, Services and Premises
www.disability.gov.uk/archive/dda/73896sum.pdf
BBC
The BBC has a short introduction to the DDA and the changes that come
into place in October 2004.
http://news.bbc.co.uk/1/hi/uk/3139114.stm
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Disability
Discrimination Act (DDA) 1995 |
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