The Disability Discrimination Act (DDA) 1995 established new employment rights for disabled people. The act aims to prevent discrimination against disabled people in both the job-seeking stage and at work.
Other legislation which may be relevant includes The Human Rights Act 1998 and The Health and Safety at Work Act of 1974 . The Human Rights Act of 1998 contains articles designed to protect fundamental freedoms, such as the right to be free from degrading treatment (article 3) and from discrimination( article 14).
The Disability Discrimination Act in Practice
The DDA makes discrimination on the grounds of disability unlawful in employment as well as other areas of life.
What counts as a disability?
According to the DDA definition, a person has a disability if they "have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities."
This definition includes:
- Sensory impairments
- Learning disabilities
- Mental illness
- Physical disabilities
- Medical conditions
- Severe disfigurements
A person who had a disability in the past would also be protected. A person who has a progressive disease can also be classed as disabled if they can show that it is likely that they will become disabled in the future.
NB Someone does not have to be registered as disabled to be defined as disabled under the act.
The issue of what does and does not constitute a disability under the act can be quite complex and The Secretary of State has issued guidelines to assist in determining this. These can be accessed on the Disability Rights Commission Website: www.drc-gb.org
What constitutes discrimination?
Discrimination is said to occur when:
- The employer has treated an employee or prospective employee less favourably for a reason relating to their disability
- The employer has failed to make a reasonable adjustment in respect of a disabled employee or applicant
Reasonable adjustment = Any step that an employer must take in order not to place a disabled person at a disadvantage in comparison to someone who is not disabled. This covers all areas of employment, including: recruitment and selection, terms of employment, induction, training, career development. It also covers physical aspects of the premises.
Possible steps to consider:
- Physical alterations to premises to improve accessibility
- Flexibility about working hours
- Providing appropriate equipment, or modifying existing equipment
- Providing a reader or interpreter (including at interview)
- Making instructions/ manuals more accessible – e.g. Braille or large font versions for a visually impaired person
- Altering work practices and systems
- Appropriate supervision in the workplace
Types of adjustments needed will vary depending on the individual. They themselves will be the expert on their own disability and the impact it might have in the workplace. You should therefore work together to find joint, mutally acceptable solutions and assess what needs to be put in place.
Many employers are concerned about the potential costs involved. Research carried out by the Disability Rights Commission shows that, in many cases, no cost at all is involved. In over 45% of cases, the cost is no more that £50. The Access to Work scheme may provide financial help towards some costs, such as:
- Buying equipment
- Making adaptations
- Paying for a support worker can
More information on this government programme can be found in the financial support section of this website or obtained from the Disability Employment Adviser at your local jobcentre. There is also a useful website at www.jobcentreplus.gov.uk
