Tutorial: Discrimination &

Disability Act

Rowan Brown GPVTS ST3

DDA Overview

Legislation in 1995 Updated in 2005 (Extended)

Aims: to end the discrimination that many disabled people face and to give them equal rights in terms of employment, access to goods facilities and services, and buying or renting property or land.

DDA Structure

Parts I-VIII

Part I : Definition of Disability and Impact upon activities

Part II: Employer Law: Duties to the Employess

Part III: Access to Goods & Services

DDA Application to General Practice

Part II & III - phased in

1996 - unlawful to be treated unfavourably

1999 - employers must make “reasonable adjustments” to facilitate work

2004 - employers must make “reasonable adjustments” to the physical features of the premises to facilitate work

DDA - What are Reasonable Steps?

Disability Rights Commission have highlighted points to be considered:

Whether taking any particular measures would be effective in overcoming the difficulty that disabled people face in accessing the services in question

The extent to which it is practicable for the service provider to take the measures

The extent of any disruption which taking the measures would cause

The extent of the service provider’s financial and other resources

The amount of any resources already spent on making adjustments

The availability of financial or other assistance.

DDA - Implications

Disability Rights Commission suggest:

Reallocation of minor duties to another employee

Offering flexible working hours, to avoid rush hours, for example.

Allowing absences during working hours, for rehabilitation, assessment or treatment.

Assigning or transferring a job or an employee to a place of work more suited to their needs. For example, moving a workstation to a more accessible location.

Making instructions and manuals more accessible; for example, providing a Braille version for a blind person.

Providing appropriate or additional training.

DDA: Premises- What to Do

Remove the feature

Alter it so that it no longer has that effect

Provide a reasonable means of avoiding the feature

Provide a reasonable alternative method of making the service in question available to disabled persons.

Who funds this?

Who Cares?

Legal Proceedings

No Upper Limit of Compensation - financial, pyschological & physical damage

Injunction on the Property to prevent further discrimination - but court cannot enforce physical changes to the premises

DDA ExemptionsPart I - definitions:

Substance addiction

Allergic rhinitis

Tendancy to physical or sexual abuse

Part II - services

Parliament

Armed Forces

Security Services & National Assemblies

Part III - leased premises

Prosecutions

Debenhams 2005

Greg Jackson sued as unable to access mens section, as there were no alternatives to steps

Formal Agreement signed with DRC to implement access to all floors in all stores