2 November 2004
The Disability Discrimination Act (DDA) aims to end the discrimination which many disabled people face. This Act gives disabled people rights in the areas of:
1. employment
2. access to goods, facilities and services
3. buying or renting land or property.
The employment rights and first rights of access came into force on 2 December, 1996; further rights of access came into force on 1 October, 1999; and
the final rights of access came into force on 1 October 2004.
In addition this Act allows the Government to set minimum standards so that disabled people can use public transport easily.
Disability Discrimination Act Part I - Definition of disability
The Act defines a disabled person as someone with “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.”
You may need more information on who is likely to be covered by this Act. Statutory guidance exists which gives more background information on matters to be taken into account in determining questions relating to the definition of disability.
Disability Discrimination Act Part II - Employment Provisions
The employment provisions now apply to all employers. The provisions include those that require employers to consider making changes to the physical features of premises that they occupy.
There are two ways in which an employer might unlawfully discriminate against a disabled employee or job applicant:
1. by treating him or her less favourably (without justification) than other employees or job applicants because of his or her disability, or
2. by not making reasonable adjustments (without justification).
A Code of Practice -
"Elimination of discrimination in the field of employment against disabled persons or persons who have had a disability" is available on the Disability Rights Commission website describes and gives general guidance on the main employment provisions of the Act. A print copy of this Code of Practice can be purchased from HMSO.
Disability Discrimination Act Part II - Duties of Trade Organisations to their disabled members and applicants
Discrimination against disabled people by trade organisations is also covered by the DDA. This Code of Practice – also to be found on the Disability Rights Commission website - explains the provisions in the Act and gives practical guidance on how trade organisations can prevent discrimination against disabled people. A print copy of the Code of Practice can also be purchased from HMSO.
Disability Discrimination Act Part III - Access to Goods and Services
Part III of the DDA gives disabled people important rights of access to everyday services that others take for granted.
Duties under Part III came into force in three stages.
1. Treating a disabled person less favourably because they are disabled has been unlawful since December 1996.
2. Since October 1999, service providers have had to consider making reasonable adjustments to the way they deliver their services so that disabled people can use them.
3. The final stage of the duties, which means service providers may have to consider making permanent physical adjustments to their premises, came into force on 1 October 2004.
A Code of Practice - Rights of Access, Goods, Facilities, Services and Premises is available from the Disability Rights Commission web site.
The Disability Rights Commission, through their helpline and website, provides information and advice to both disabled people on their rights and to service providers on their duties under the DDA.
Sources of information:
www.disability.gov.uk and the Disability Rights Commission website is
www.drc-gb.org.uk
