LEND: Lothian Employers' Network For Disability

In the UK, the Disability Discrimination Act (DDA) 1996) is the main piece of legislation that protects the rights of people with disabilities.

The Act gives disabled people rights in the areas of:

Employment
Access to goods, facilities and services
Buying or renting land or property.

The Act also allows the Government to set minimum standards so that disabled people can use public transport easily.

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.uk/rights/definition.asp

Physical impairments include those that are not immediately visible suas 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 whay they can't.

A draft disability bill was published in 2004 that may

Extend the definition of disability to cover people with HIV and cancer from the point of diagnosis.
Extend the time limit of rbringing claims to an employment triubnal to 6 months.
Give tribunals power to order reinstatement or re-engagement of employees who have been dismissed.

REASONABLE ADJUSTMENTS

The DDA places a duty on employers to take reasonable steps regarding working arrangements or physical features to prevent a disabled employee or job applicant from experiencing a substantial disadvantage in relation to a non-disabled employee or job applicant.

An employer has a ‘duty’ to consider reasonable adjustments if he knows, or can be reasonably expected to know, that a person has a disability. Also, case law indicates that if an employer is aware of a disability, but not the full extent of the disability) they are still under a duty to make reasonable adjustments. (Wright v Governors of Bilton School and Warwickshire County Council 2002)

There are many things that an employer can do to prevent or overcome disadvantage (and they needn’t be expensive). For example – adapt premises, split duties, change hours, give training, modify equipment, modify assessment procedures, provide a reader or interpreter, etc. In many cases financial assistance can be obtained through Jobcentre Plus’s “Access to Work” scheme.

The big question is just what is reasonable? Unfortunately there is no definitive answer although there is an increasing amount of case law building up which is gradually helping to clarify matters.

Things to consider:

The extent to which taking the step would prevent the effect in question
Is it practicable?
The financial cost and other costs
The extent of disruption to business
The employer’s financial and other resources
The availability of financial or other help

The current law states that if an employer can show the reason for less favourable treatment of a disabled person is both material to the circumstances of the case and substantial, that treatment will be justified. This defence is also available for failure to make reasonable adjustments.

From October 2004 it has no longer been possible for an employer to ‘justify’ a failure to comply with the duty to make reasonable adjustments. This means that the only defence in future will be to say that the adjustment was not a ‘reasonable’ one to make in the first place.

Points to bear in mind:

From October 2004 changes to the employment part of the DDA :

Brought more people under the scope of the Act (i.e. Organisations with less than 15 employees who were previously exempt from the Act)
Changed the definition of the types of discrimination
Redefined what can and can’t be ‘justified’
Introduced a specific provision for harassment
Changed the types of claims that are covered by the Code.

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.

The following government websites have information on the many different parts of the Act.
www.disability.gov.uk/dda/index.html
www.legislation.hmso.gov.uk/acts/acts1995/1995050.htm

For a definition of disability under the act:
www.drc-gb.org/rights/definition.asp

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

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

Disability Rights Commission
www.drc-gb.org/law/dda.asp

Employers Forum on Disability
www.employers-forum.co.uk/www/guests/info/DDA.htm

Print This Page

Go Back To Previous Page

Website designed and created by Cool Image Internet Ltd
www.coolimageinternet.com

Website content copyright © Lend Network 2004 - info@lend-network.org.uk
Website design copyright © Cool Image Internet Ltd 2004 - info@coolimageinternet.com

	Low Graphics Website Full Graphics Website
Home Page \| About Us \| Membership Benefits \| Members' Login \| News \| Events \| Links and Resources \| Accessibility Statement \| Terms and Conditions \| Privacy Statement \| Contact Us \| Directory \| Full Graphics Website

In the UK, the Disability Discrimination Act (DDA) 1996) is the main piece of legislation that protects the rights of people with disabilities. The Act gives disabled people rights in the areas of: Employment Access to goods, facilities and services Buying or renting land or property. The Act also allows the Government to set minimum standards so that disabled people can use public transport easily.
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.uk/rights/definition.asp Physical impairments include those that are not immediately visible suas 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 whay they can't. A draft disability bill was published in 2004 that may Extend the definition of disability to cover people with HIV and cancer from the point of diagnosis. Extend the time limit of rbringing claims to an employment triubnal to 6 months. Give tribunals power to order reinstatement or re-engagement of employees who have been dismissed.
REASONABLE ADJUSTMENTS The DDA places a duty on employers to take reasonable steps regarding working arrangements or physical features to prevent a disabled employee or job applicant from experiencing a substantial disadvantage in relation to a non-disabled employee or job applicant. An employer has a ‘duty’ to consider reasonable adjustments if he knows, or can be reasonably expected to know, that a person has a disability. Also, case law indicates that if an employer is aware of a disability, but not the full extent of the disability) they are still under a duty to make reasonable adjustments. (Wright v Governors of Bilton School and Warwickshire County Council 2002) There are many things that an employer can do to prevent or overcome disadvantage (and they needn’t be expensive). For example – adapt premises, split duties, change hours, give training, modify equipment, modify assessment procedures, provide a reader or interpreter, etc. In many cases financial assistance can be obtained through Jobcentre Plus’s “Access to Work” scheme. The big question is just what is reasonable? Unfortunately there is no definitive answer although there is an increasing amount of case law building up which is gradually helping to clarify matters. Things to consider: The extent to which taking the step would prevent the effect in question Is it practicable? The financial cost and other costs The extent of disruption to business The employer’s financial and other resources The availability of financial or other help The current law states that if an employer can show the reason for less favourable treatment of a disabled person is both material to the circumstances of the case and substantial, that treatment will be justified. This defence is also available for failure to make reasonable adjustments. From October 2004 it has no longer been possible for an employer to ‘justify’ a failure to comply with the duty to make reasonable adjustments. This means that the only defence in future will be to say that the adjustment was not a ‘reasonable’ one to make in the first place. Points to bear in mind: From October 2004 changes to the employment part of the DDA : Brought more people under the scope of the Act (i.e. Organisations with less than 15 employees who were previously exempt from the Act) Changed the definition of the types of discrimination Redefined what can and can’t be ‘justified’ Introduced a specific provision for harassment Changed the types of claims that are covered by the Code.

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.
The following government websites have information on the many different parts of the Act. www.disability.gov.uk/dda/index.html www.legislation.hmso.gov.uk/acts/acts1995/1995050.htm For a definition of disability under the act: www.drc-gb.org/rights/definition.asp 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 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 Disability Rights Commission www.drc-gb.org/law/dda.asp Employers Forum on Disability www.employers-forum.co.uk/www/guests/info/DDA.htm

Print This Page
Go Back To Previous Page
Website designed and created by Cool Image Internet Ltd www.coolimageinternet.com Website content copyright © Lend Network 2004 - info@lend-network.org.uk Website design copyright © Cool Image Internet Ltd 2004 - info@coolimageinternet.com