Disability Discrimination Act 

When the Disability Discrimination Act 1995 first came into force it applied only to employers with more than 15 members of staff, but from 1st October 2004 it applied to ALL employers.

No practice may now discriminate against disabled employees or job applicants because of their disability, which includes making reasonable adjustments to the workplace.  Since 1st October 2004 the law has also applied to partners in business partnerships.

The Act does not apply only to obvious and serious disabilities.  The Act defines a disabled person as one who suffers from "a physical or mental impairment, which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities." 

Reasonable adjustments are based upon common sense and may vary according to practicability and affordability.  Rearranging furniture to provide better access may be eminently practicable and affordable.   Redesigning and rebuilding your premises would clearly be unreasonable. All employers now have a duty to consider these issues.

Allocating some duties to another member of staff or allowing more flexible hours and allowing time off for treatment or rehabilitation may be reasonable. 

Employers should consider reasonable adjustments that may be required in the recruitment process. 

If an employee or job applicant believes that you have discriminated against them you may be taken to an industrial tribunal which may well be an unpleasant and costly business.

Further information is available on the DWP web site in Understanding disability.
Also, Partners and the Disability Discrimination Act
and Disability Discrimination Act 1995; Disability Rights Commission Code of Practice Employment and Occupation

http://www.equalityhumanrights.com/en/publicationsandresources/Disability/Pages/Employment.aspx

CED 

21/03/05