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Disability Discrimination

Level Playing Field (LPF) believe that being a disabled person is a social issue and that an individual only becomes disabled because of the social, attitudinal and environmental barriers that the individual faces (this is known as the social model of disability).  Check their website.

Article by WAB Member Steve Scaysbrook

The Disability Discrimination Act (DDA) 1995 is a piece of legislation that promotes civil rights for disabled people and protects disabled people from discrimination that many disabled people face. This Act has been significantly extended, including by the Disability Discrimination Act 2005. It now gives disabled people rights in the areas of:
¥    employment
¥    education
¥    access to goods, facilities and services, including larger private clubs and land-based transport services
¥    buying or renting land or property, including making it easier for disabled people to rent property and for tenants to make disability-related adaptations
¥    functions of public bodies, for example issuing of licences

The Disability Discrimination Act (DDA) defines a disabled person as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities.

The Act requires public bodies to promote equality of opportunity for disabled people. It also allows the government to set minimum standards so that disabled people can use public transport easily.
Print versions of both Acts are published by The Stationery Office (TSO) and can be bought. The ISBN numbers are ISBN 0105450952 for the 1995 Act and ISBN 0105411051 for the 2005 Act.
Braille and large print versions of the Act by phoning TSO on 0870 600 5522 or by emailing customer.service@tso.co.uk. They have the same ISBN as the standard print versions. You can also order a free Easy Read version (ISBN 0117035998) by phoning TSO on 0870 600 5522 or by emailing them on customer.service@tso.co.uk, a free audio cassette (ISBN 0117036005) guide to the Act is available to order on the TSO website, by phone on 0870 600 5522 or by email

Under the DDA, it is unlawful for employers to discriminate against disabled people for a reason related to their disability, in all aspects of employment, unless this can be justified. The Act covers things like:
¥    application forms
¥    interview arrangements
¥    proficiency tests
¥    job offers
¥    terms of employment
¥    promotion, transfer or training opportunities
¥    work-related benefits such as access to recreation or refreshment facilities
¥    dismissal or redundancy

Under the DDA, your employer has a duty to make 'reasonable adjustments' to make sure you're not put at a substantial disadvantage by employment arrangements or any physical feature of the workplace, such as:
¥    allocating some of your work to someone else
¥    transferring you to another post or another place of work
¥    making adjustments to the buildings where you work
¥    being flexible about your hours - allowing you to have different core working hours and to be away from the office for assessment, treatment or rehabilitation
¥    providing training or retraining if you cannot do your current job any longer
¥    providing modified equipment
¥    making instructions and manuals more accessible
¥    providing a reader or interpreter

You can play an active role in discussing these arrangements with your employer. You might also want to encourage your employer to speak to someone with expertise in providing work-related help for disabled people, such as an occupational health adviser.
Issues for you both to consider include:
¥    how effective will an adjustment be?
¥    will it mean that your disability is slightly less of a disadvantage or will it significantly reduce the disadvantage?
¥    is it practical?
¥    will it cause much disruption?
¥    will it help other people in the workplace?
¥    is it affordable?
You may want to make sure that your employer is aware of the Access to Work programme run by Jobcentre Plus. Through this programme, employers can get advice on appropriate adjustments and possibly some financial help towards the cost of the adjustments.


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