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).
What
is employers-solicitors ?