Background
The Act places responsibilities on Employers when recruiting or employing disabled people.
It also places duties on other sectors in the field of employment, such as trade organisations, landlords, trustees and managers of occupational pension schemes, and the providers of insurance services to employers for their employees.

For the purposes of the Act, disability is defined as a physical or mental impairment that has a substantial or long-term adverse effect on a persons ability to carry out normal day-to-day activities. This definition includes those who have had a disability in the past as well as those who are currently disabled.

Employers

Scope of the Act
The employment part of the Act applies to employers based in Great Britain and Northern Ireland and it covers permanent members of staff, temporary workers, and workers on contract, whether hired (e.g. through an agency) or self-employed.

It does not apply to people serving in the armed services, police officers, fire fighters or prison officers (including prison custody officers). It does not include people working on board a ship, aircraft or hovercraft.

Unlawful Discrimination
It is unlawful for any employer with 15 or more staff to discriminate against current or prospective employees with disabilities, because of a reason relating to their disability, in the areas of: Recruitment and retention of employees, promotion and transfers, training and development and the dismissal process.

If employment arrangements or premises substantially disadvantage a current or prospective disabled employee, as compared with a non-disabled person, then the employer may need to make reasonable adjustments.

Where less favourable treatment towards a disabled person is relevant to the circumstances of the individual case and the reason for such treatment is a substantial one, then the employer may be able to justify it. But the employer must consider whether the reason could be overcome or made less than substantial by means of reasonable adjustment.

Charities that help people with certain kinds of disability may still discriminate in favour of these people in their employment policies. Organisations providing supported employment may discriminate in favour of severely disabled people.

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Victimisation
The Act protects, against victimisation, any disabled person who makes use of or tries to make use of their rights under the Act. This protection is also available to people who help disabled people complain about discrimination and people who, under the Act; take an employer to a tribunal, give evidence or supply information in proceedings, help a disabled person, or allege breach of the Acts provisions.

Agents and Employees
Employers will be liable for the actions of their agents, unless the agents worked outside their authority. And they will also be liable for the unlawful actions of their employees unless the employer has taken reasonable steps to prevent these actions.

Employment

Recruitment and Selection
If an advertisement for a job could reasonably be taken to indicate that a person might not get the job because of their disability, or that the employer is unwilling to make adjustments for disabled people, then, if a disabled person, who is not offered the job, complains about discrimination, the advert must be taken into account by a tribunal who must assume, unless it can be proved otherwise, that the reason the person did not get the job was related to their disability.

In the selection process, the employer must not discriminate against disabled applicants, but the Act does not stop employers asking disabled candidates about their disability.
However, this applies only if the disability is, or may be, relevant to the persons ability to do the job.

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At Work
Disabled employees must not be discriminated against in an employers arrangements for promotion, career development or training, in working conditions or in the provision of employee benefits. There should be no discrimination in dismissal proceedings. There cannot be said to be discrimination if all employees are treated in the same way and such treatment is not related to a disabled persons disability.

Contract workers those hired through an employment business are protected from unlawful discrimination by both the employer hiring the workers on contract and by the employment business that contracts them out.

The Workplace
An employer has to make reasonable adjustments to reduce any substantial disadvantage caused by the physical features of premises or the employment arrangements.

Physical features covers the business premises, including fixtures and fittings, furniture and stairways.

Employment arrangements cover the selection and interview process and the premises used for them and the working terms and conditions and how contractual agreements, etc., are provided.

There are various tests as to what would constitute a reasonable adjustment by way of alteration to physical features or adjustments to employment arrangements. Changes do not have to be made if the present arrangements present only a minor disadvantage or if the change required to overcome any disadvantage is not reasonable having regard to cost (in money and in disruption caused), ease of change, the employers resources and the help, financial or otherwise, that may be available.

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Pension Schemes and Insurance

Occupational Pension Schemes
A disabled employee may not be excluded from a pension scheme without justification.
Employers need to produce material evidence if they believe there is justification for exclusion. Every occupational pension scheme must include a non-discrimination rule prohibiting the trustees or managers of the scheme from doing, or omitting to do, anything to members or non-members of the scheme that would be unlawful if done by an employer.

Insurance Benefits
An employers disabled employees must not be treated any differently, by an insurance company, from the way it treats disabled members of the public, in any scheme operated by an employer - such as private health insurance - for employees.

Trade Organisations
A trade organisation, being an organisation of workers, employers, members of a trade or of certain professions, and including trades unions and chambers of commerce, have a duty not to discriminate and to make reasonable adjustments for their potential and existing members.

Disabled people who are potential members of a trade organisation must not be discriminated against by being refused admission to membership, or by being offered different terms of membership, without justification. Existing members who are disabled must not be discriminated against in the way they are allowed access to benefits, by being treated less well than other members, being deprived of their membership, or having their terms of membership altered.

For further information on the Disability Discrimination Act visit the DDA web site at: www.direct.gov.uk

DIAL Disclaimer
Whilst all the information given in this document was correct at the time of going to press, DIAL Doncaster cannot be held responsible for any subsequent changes.

updated 27/04/05

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