Understanding your responsibilities under the
Disability Discrimination Act (DDA)
To obtain further information on this subject or any other
disability related topic please go to www.drc-gb.org
Disability legislation is still evolving. Therefore, just
trying to work to the letter of the law is a dangerous
strategy.Trying to establish whether someone is ‘disabled’
according to the terms of the Disability Discrimination Act
1995 (DDA) is likely to be unhelpful in most cases, as the
fine detail of the law is generally only understood by
lawyers.
Many people with a disability or long-term health condition
who have rights under the DDA don’t choose to use the term
‘disabled’ to describe themselves – recent research by the
Department for Work and Pensions shows that 52 per cent of
those who would meet the definition of disability in the
DDA prefer not to. Relying on the definition within the Act
encourages an inquisitorial approach that focuses very much
on the individual as a ‘problem’ rather than looking at
what can be done to enable the person to enter or remain in
employment.
By focusing on the law, rather than on showing that you
value the individual, you will not only lose that
employee’s goodwill and delay making the necessary
adjustments that will keep them in work, you will also
increase the risk of litigation.
Taking a best practice approach will:
-help you to take account of all the factors in each
individual’s case
-help you to focus on getting the right person for the job,
keeping your employees and getting the best out of them
-provide a framework to help you avoid unnecessary, time
consuming and, possibly, costly charges of discrimination
Who has obligations under Part 2 of the Act?
Effect of the Act
The Act makes it unlawful for an employer to discriminate
against a disabled person in relation to the recruitment or
retention of staff, including training, promotion,
benefits, dismissal, etc.
It requires employers to make “reasonable adjustments” for
a disabled person put at a substantial disadvantage by a
provision, criterion or practice, or a physical feature of
premises.
It also prohibits discrimination by trade organisations and
qualifications bodies and provides procedures for
enforcement and provision of remedies for discrimination.
The Act defines ‘employment’ as employment under a contract
of service or of apprenticeship or a contract personally to
do any work (including self-employment).
Anyone who works under a contract falling within this
definition is an employee, whether or not they work
full-time or are permanently employed.
A person who is recruiting an employee has duties under the
Act even if they are not yet an employer (because the
recruit will be the first employee).
The Act applies to all employers (apart from the armed
forces) in respect of the people they employ wholly or
partly at an establishment in Great Britain. Protection
under the Act extends to employment wholly outside Great
Britain, provided the employment has a sufficiently close
connection with Great Britain. Certain employment on-board
ships, hovercraft and aircraft is also covered.
The Act also contains provisions to prevent discrimination
by people or organisations that provide employment
services, such as employment agencies and careers guidance
services.
For further information please contact us