Trainee at Shaw Trust Ashford
Disability Discrimination Act - the rights of disabled people
If you are disabled, or have had a disability, the Disability Discrimination Act (DDA) makes it unlawful for you to be discriminated against in the areas of:
- employment
- access to goods, facilities and services
- management, buying or renting of land or property
- In addition, the DDA as amended by the Special Educational Needs and Disability Act 2001, makes it unlawful for providers of education and related services to discriminate against disabled people
The DDA was passed in 1995 to introduce new measures aimed at ending the discrimination which many disabled people face in these areas. For a fuller description of the legislation, and to see the Act itself, go to the Commission of Equality and Human Rights website, or phone their Helpline: Tel 08457 622633 Textphone: 08457 622 644.
What counts as a disability?
The DDA describes a disabled person as 'anyone with a physical or mental impairment, which has a substantial and long-term adverse effect upon their ability to carry out normal day-to-day activities'. This is meant to be a fairly wide definition and includes:
- physical impairment – this includes weakening or adverse change of a part of the body caused through illness, by accident or from birth.
For example, amongst many other situations, blindness, deafness, heart disease, the paralysis of a limb or severe disfigurement.
- mental impairment – this can include learning disabilities and all recognised mental illnesses.
- substantial - this does not have to be severe, but is more than minor or trivial.
- long-term adverse effect – that has lasted or is likely to last more than 12 months.
- a normal day-to-day activity – that is, one that affects one of the following: your mobility; manual dexterity; physical co-ordination; continence; ability to lift, carry or otherwise move everyday objects; speech, hearing or eyesight; memory or ability to concentrate, learn or understand; or perception of the risk of physical danger. It does not include the ability to work because no particular form of work is 'normal' for most people.
For more guidance on the definition of disability, go to the Commission of Equality and Human Rights website, or phone their Helpline: Tel 08457 622633 Textphone: 08457 622 644.
Employers' responsibilities under the DDA
From October 2004, all employment, whatever the size of the organisation, comes within the scope of the DDA, with the sole exception of the armed forces. Previously it used to depend on the size of the organisation, and the police, fire and prison services used to be excluded. This is no longer the case. All employers except the armed forces have duties under the DDA which makes it unlawful to discriminate against employees or job applicants on the grounds of disability.
Employers are legally responsible for ensuring that discrimination does not occur in the workplace. This includes the need to make reasonable adjustments for people with disabilities. It is unlawful to discriminate against disabled people by treating disabled employees less favourably for a reason related to their disability without justification. Employers are subject to a duty to make reasonable adjustments to premises for disabled employees.
Recruitment
Employers must not discriminate against any disabled person when recruiting. This includes:
- in the job specification
- in the design and completion of application forms
- in the selection process (including interview timing and location)
- in the assessment technique
- in the terms of employment offered.
Doing the work
Employers must not discriminate against any disabled person appointed to a job. This includes:
- in terms and conditions of service
- in induction arrangements
- in opportunities for promotion, transfer, training or receiving any other benefit, or refusal of such opportunities
- in occupational pensions.
Redundancy or dismissal
Employers must not discriminate against any disabled person when applying redundancy or dismissal procedures.
If you think you have been discriminated against, go to the Commission of Equality and Human Rights website, or phone their Helpline: Tel 08457 622633 Textphone: 08457 622 644.
We thank the Commission of Equality and Human Rights for the information on this page.
