Shaw Trust client working at New Look store, London
Disability Discrimination Act - your obligations as an employer
The Disability Discrimination Act (DDA) came into force on 2nd December 1996.
The DDA makes it unlawful to discriminate against disabled people in
- Recruitment, and employment, and
- Access to goods facilities and services
- The 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 introduced 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 disability?
The Act defines a disabled person as someone who has:
"a physical or mental impairment which has a substantial and long-term adverse effect on the person's 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.
Your obligations as an employer
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.
As an employer you are required to make 'reasonable adjustments' to recruitment processes, work arrangements and the working environment in order to accommodate disabled people. An employer who fails to comply with this duty will be guilty of discrimination, unless the employer can show justification.
Employers must not discriminate against a disabled person when recruiting, while they are doing the job (including career development and promotion), and when applying redundancy or dismissal procedures.
Reasonable adjustments for recruitment and selection:
- Job descriptions/ person specifications
It is good practice to only include tasks required to accomplish the job - unnecessary requirements could lead to discrimination.
- Application Forms
Include an option for people to apply using different formats eg. email/audio/braille.
- Selection tests
You may need to adjust your selection tests. For example, candidates may need longer to read questions.
Reasonable adjustments while in employment:
- Giving or arranging training and equipment eg. speech browser software installed onto computer.
- Providing a reader or interpreter eg. sign language interpreter for meetings.
- Providing supervision eg. support worker.
- Acquiring or modifying equipment eg. a specifically designed chair.
- Modifying instructions or reference manuals eg. oral instruction may be provided.
- Altering working hours eg. a person who takes medication, which has side effects worse in the morning, is allowed to start work later in the day.
- Allocating some of the disabled person's duties to another person eg. a librarian cannot return books to high shelving - a colleague assists with this aspect of the work.
- Transferring the disabled person to fill an existing vacancy eg. a sales rep has to give up driving. She is transferred to a vacant post requiring computer skills for which she is given training.
- Assigning the disabled person to a different place of work eg. allowing home working during a period of rehabilitation.
- Allowing absence during working hours for rehabilitation assessment or treatment
- Employees may need time off for counselling sessions.
- Modifying assessment procedures eg. giving a people longer to complete selection tests.
- Adjusting premises eg. the direction in which a door opens is altered for a wheelchair user.
The cost of adjustments
Research has revealed that the cost of most adjustments is likely to be negligible. Most disabled people in work do not require adjustments; where they do they generally cost very little and often there is government financial help available.
Access to Work
The government's Access to Work scheme provides advice, practical support and financial assistance to disabled people and their employers to help overcome work related obstacles resulting from disability.
It provides grants towards any extra employment costs resulting from disability, eg.
- Special aids and equipment
- Communicator support at job interview
- Adaptation to premises and to existing equipment
- Help with fares to work
Access to Work pays a percentage of the total cost of approved support depending on how long your disabled employee has worked for you and what support is needed.
For more information, including how to apply for Access to Work, go to the Jobcentre Plus website on Access to Work or phone your nearest Jobcentre Plus office.
The business case for employing people with disabilities
Economic success and social justice are not separate aims, but closely linked objectives. Everyone needs the chance to reach their full potential. This will help build an inclusive and fair society and it will lead to economic prosperity.
There are good business reasons for employing disabled people. Most disabled people can work alongside their non-disabled colleagues without any, or with very little, special assistance. Others may need some adjustment to the working environment or working practices. But these adjustments can be straightforward and often inexpensive to implement.
Research has clearly demonstrated that there are benefits to employers of employing disabled people:
- having disabled people in the recruitment pool offers more choice;
- employers have found that disabled employees stay in the job for longer, and have a strong commitment to work, as well as good punctuality records and low absentee rates;
- keeping an employee who becomes ill or disabled at work generally costs less than having to recruit and train someone new;
- employing disabled people can help increase the number of disabled customers using a business service, and increase staff morale, since they will view the organisation as more representative and diverse;
- often the adjustments made to help in employing a disabled person can bring benefits for other employees and customers.
Naturally employers want the best person for the job. The Disability Discrimination Act (DDA) does not interfere with this. Complying with the DDA will ensure that you do not discriminate against employees on the grounds of disability and employ the right person for a job. It will also help you to foster good relations with your employees by demonstrating that you offer employment on an equal footing for all employees, regardless of any disabilities they may have.
Adopting good practice and complying with the duties and requirements of the DDA reduces the risk of costly litigation and bad publicity. Failing to do so could mean that you are brought before an employment tribunal.
Where to go for further information
For more information on how Jobcentre Plus can help you as an employer, go to the Jobcentre Plus website for employers or phone your nearest Jobcentre Plus office.
For information on all aspects of equality, go to the Commission of Equality and Human Rights website or phone their helpline: Tel 08457 622633 Textphone: 08457 622644.
We thank the Commission of Equality and Human Rights for much of the content of these pages.
