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Explaining the Disability Discrimination Act (DDA)

What counts as a disability in law?

Disability is not always obvious. The Disability Discrimination Act (DDA) defines a person as disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities.

The issue may not be the impairment but its effect. Impairments such as migraines, dyslexia, asthma and back pain can count as a disability if the adverse effect on the individual is substantial and long-term. Some conditions automatically count as disabilities for the purposes of DDA, from the point at which the individual first has them - these are cancer, HIV and multiple sclerosis (MS).

Treating disabled people fairly: Avoiding discrimination

• The three types of disability discrimination;
  
• Victimisation
  
• Harassment

Disability discrimination

The three types of unlawful discrimination are:

• Direct discrimination;
  
• Failure to make a reasonable adjustment;
  
• Disability-related discrimination.

'Direct' discrimination cannot be justified and happens when:

• A disabled person is treated less favourably than a non-disabled person whose relevant circumstances are the same or not materially different;
  
• The treatment is on grounds of disability.

For example, an employer having a blanket ban on employing someone with a particular disability.

Failure to make a reasonable adjustment cannot be justified and happens when an employer fails to make a reasonable adjustment for a disabled person.

Disability-related discrimination is when a disabled person is treated less favourably for a disability-related reason and the treatment cannot be justified.

Making reasonable adjustments

Employers are required to make 'reasonable adjustments' to jobs and workplaces for disabled workers. This is to ensure disabled people have equal opportunities in applying for and staying in work

Reasonable adjustments may include:

• Adjustments to the workplace to improve access or layout;
  
• Giving some of the disabled person's duties to another person
  
• Transferring the disabled person to fill a vacancy;
  
• Changing the working hours, e.g. flexi-time, job-share, starting later or finishing earlier;
  
• Time off, e.g. for treatment, assessment, rehabilitation;
  
• Training for disabled workers and their colleagues;
  
• Getting new or adapting existing equipment, e.g. chairs, desks, computers, vehicles;
  
• Modifying instructions or procedures, e.g. by providing written material in bigger text or in Braille;
  
• Improving communication, e.g. providing a reader or interpreter, having visual as well as audible alarms;
  
• Providing alternative work (this should usually be a last resort).

What is reasonable for my business?

You should consider the following when deciding what sort of change is likely to be reasonable for your company:

• Type of business
  
• Size of the business and annual turnover
  
• Cost of the adjustment
  
• Disruption to the business while the work is being carried out
  
• Practicality of carrying out the adjustment
  
• Potential benefits to disabled customers and employees

Confidentiality and data protection

If a disabled person expects an employer to make a reasonable adjustment, they will need to provide the employer with enough information to carry out that adjustment. Disabled people have a right to confidentiality and an employer must not disclose confidential details about them without their explicit consent.

Reasonably practicable

The law does not expect employers to eliminate all risk, but they are required to protect people as far as 'reasonably practicable'. This is a legal concept which means balancing the level of risk against the measures needed to control the risk in terms of money, time or trouble.

Contact us now on 01925 838350 and speak to one of our consultants for further advice on your company's needs.
Tel: (01925) 838350 - Fax: (01925) 838351 - Email: office@soundadviceltd.co.uk