The Disability Discrimination Act 1996 (DDA) protects people with disabilities against discrimination in all aspects of employment. Breach of the DDA can result in a complaint to an employment tribunal, regardless of length of service and with no limit to the amount of compensation.

The main consequence of the DDA is that it is now unlawful for an employer of 15 or more employees to discriminate against a disabled person - or someone who has been disabled in the past - in recruitment, terms and conditions of employment, promotion, training (or other benefits), dismissal or by subjecting him or her to any disadvantage. It is important that the term 'employees' be widely interpreted to include the self-employed and those engaged under a contract of service or apprenticeship (as it is with other discrimination legislation). The provisions of the DDA do not apply to employers of fewer than 15 people and there are some categories of employees to whom they do not apply.

Code of practice

This gives practical quidance to employers on fulfilling their new obligations and avoiding possible claims of discrimination. Breaches of the code are admissible as evidence in employment tribunal hearings.

What kind of discrimination is covered by the DDA?

A disability is defined in this context as a physical or mental impairment which has a substantial and long-term adverse effect on a person 5 ability to carry out normal day-to­day activities. Such a broad definition includes learning disabilities, mental illnesses (if recognised by a respected body of medical opinion), impairments that come and go if the actual effect is likely to recur (e.g. rheumatoid arthritis) and severe disfigurements. People with progressive conditions are covered from the moment the condition leads to impairment of their ability to carry out day-to-day activities. The definition specifically excludes some impairments, such as alcohol or drug addiction, hay fever and self­disfigurement (i.e. Tatoos)