|
Introduction
The Disability Discrimination Act (DDA) aims to end the discrimination
which many disabled people face.
This
Act gives disabled people rights in the areas of
employment - access to goods, facilities and services - buying
or renting land or property.
 The
employment rights and first rights of access came into force
on 2 December, 1996; further rights of access came into force
on 1 October, 1999; and the final rights of access came into
force in October 2004.
In
addition this Act allows
the Government to set minimum standards so that disabled people
can use public transport easily.
Northern
Ireland
The Act also applies in Northern Ireland.
Disability
Discrimination Act Part I - Definition of disability
The Act defines a disabled person as someone with "a
physical or mental impairment which has a substantial and
long-term adverse effect on his ability to carry out normal
day-to-day activities."
You
may need more information on who is likely to be covered by
this Act. Statutory guidance exists which gives more background
information on matters to be taken into account in determining
questions relating to the definition of disability.
Disability
Discrimination Act Part II - Employment Provisions
The employment provisions apply to employers with 15 or more
employees. The provisions, including those that require employers
to consider making changes to the physical features of premises
that they occupy, have been in force since December 1996.
There are two ways in which an employer might unlawfully discriminate
against a disabled employee or job applicant:
by
treating him or her less favourably (without justification)
than other employees or job applicants because of his or her
disability, or by not making reasonable adjustments (without
justification).
A Code of Practice - "Elimination of discrimination in
the field of employment against disabled persons or persons
who have had a disability" describes and gives general
guidance on the main employment provisions of the Act.
Disability
Discrimination Act Part II - Duties of Trade Organisations
to their disabled members and applicants
Discrimination against disabled people by trade organisations
is also covered by the DDA. This Code of Practice - to be
found on the DRC website - explains the provisions in the
Act and gives practical guidance on how trade organisations
can prevent discrimination against disabled people.
Disability
Discrimination Act Part III - Access to Goods and Services
Part III of the DDA gives disabled people important rights
of access to everyday services that others take for granted.
Duties under Part III are coming into force in three stages.
Treating
a disabled person less favourably because they are disabled
has been unlawful since December 1996.
Since October 1999, service providers have had to consider
making reasonable adjustments to the way they deliver their
services so that disabled people can use them.
The final stage of the duties, which means service providers
may have to consider making permanent physical adjustments
to their premises, came into force in 2004.
"Code
of Practice - Rights of Access, Goods, Facilities, Services
and Premises" is available from the Disability Rights
Commission web site.
The Disability Rights Commission, through their helpline and
website, provides information and advice to both disabled
people on their rights and to service providers on their duties
under the DDA.
Part
III Consultation
The final stage of the goods and services provisions in Part
III of the DDA came into force on 1 October 2004. The new
duties will apply to service providers where physical features
make access to their services impossible or unreasonably difficult
for disabled people.
On
8 May 2000, the Government and the DRC launched a joint consultation
exercise on a new Code of Practice giving guidance on the
2004 duties and the Government's proposals for Regulations
to underpin them.
Many
Government publications can be purchased from:
The
Stationery Office
PO Box 276
London
SW8 5DT
Telephone
: 0870 600 5522
Fax : 0870 600 5533
See
also www.tso.co.uk
for printed copies and further information
|
