The Disability Discrimination Act 1995 (DDA) makes it unlawful to discriminate against disabled people in connection with employment, the provision of goods, facilities and services or the disposal or management of premises. The act also places obligations on educational establishments and allows the government to set standards and targets for accessible public transport.

Definition of disability - The DDA defines disability as ‘a physical or mental impairment which has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities’.

‘Impairment’ includes sensory impairment (for example, blindness or deafness), learning disabilities and mental illness. ‘Substantial’ is defined as meaning more than minor or trivial.

‘Long-term’ means affects which have lasted at least 12 months, or are likely to last at least 12 months, or are likely to last for the rest of your life. Conditions which are likely to recur such as epilepsy or asthma will also be considered as long term. The definition also includes you if you have had a disability in the past, even if you no longer have that disability. In addition, you are covered by the act if you have a severe disfigurement, even though it may not have any effect on your ability to carry out every-day activities.

‘Day-to-day activities’ are defined as activities which involve the following; moving from place to place, manual dexterity, physical co-ordination, continence, the ability to lift, carry or move ordinary objects, speech, hearing or eyesight, memory or the ability to concentrate, learn or understand and be able to recognise physical danger.

If you have a progressive condition, such as cancer or multiple sclerosis, you will not be covered just because your condition has been diagnosed. You will only come under the definition used in the DDA from the time that you first develop symptoms that have an adverse effect on your ability to carry out day-to-day activities. The effect need not be substantial as long as it would eventually be expected to be. Similarly, you will not be covered by the Act just because you have a genetic predisposition to a particular condition, such as Huntington’s chorea or thalassaemia.

If your disability is helped by medication or by equipment such as a hearing aid or artificial limb, this will not be taken into account when considering whether your impairment has a substantial effect on your day-to-day activities. Note, however, that an exception is made if you wear glasses or contact lenses in that it is the effect on your vision with the lenses that is considered.

Employment - From 2/12/96 it is unlawful for an employer to treat you less favourably than someone else for a reason related to your disability, unless they can show that such treatment is ‘justified’. The DDA covers temporary staff and contract workers as well as permanent employees. The act covers all employment matters, including recruitment and selection, training, promotion, dismissal and redundancy. Employers will also be liable for the actions of their agents, e.g. their employees or a recruitment agency which deliberately discriminates on the authority of the employer. The Act includes provision relating to the discrimination in occupational pension schemes and insurance obtained through employers.

Trade organisations also have a duty under the DDA not to discriminate against you as a member or potential member and are also required to make ’reasonable adjustments’ for their potential and existing members.

Exemptions - The DDA does not apply to employers with fewer than 15 employees. Nor does it apply to people serving in the armed forces, police officers, fire fighters, prison officers, those working on board ship , aircraft or hovercraft or anyone whose work is mainly outside the UK. Small employers are however encouraged to follow the guidance in the Code of Practice.

Reasonable adjustments - The DDA requires employers to make ‘reasonable adjustments’ (changes) to the workplace and to employment arrangements so that the disabled employee, or disabled job applicant, is not at any serious disadvantage. Reasonable adjustments include changes to the physical environment, such as widening a doorway to allow for wheelchair access or allocating a specific parking space for a disabled person. The term also includes changes to arrangements in the workplace, such as flexible hours, purchasing specialised equipment, providing additional training or allowing time off for treatment.

If your employer does not own premises but rents on a lease then the landlord cannot unreasonably refuse permission for the premises to be altered to accommodate you. However they may attach reasonable conditions to their permission e.g. returning the premises to the original condition when vacating them. If the landlord does unreasonably refuse your employer permission to alter your workplace then you can take the landlord to an employment tribunal - page 2.

Disability Claim Management: Small claims management for disabled people.

Access to goods and services - Since 2/12/96 it has been unlawful for agencies (service providers) who provide goods, fDisability Discrimination Actacilities or services directly to the general public to discriminate against disabled people. Service providers include commercial businesses such as shops, hotels, banks, cinemas, restaurants and telecommunications companies. The term also includes those providing public services such as hospitals, railway stations, libraries, swimming pools and government offices. The size of the company makes no difference, nor does it matter whether or not you pay for the service. Insurance companies are also covered but special rules apply. Note, however, that private clubs and associations are exempt from the Act in relation to serving their members

You will have been discriminated against if a service provider treats you less favourably than someone else for a reason relating to your disability, and this treatment cannot be ‘justified’. Examples of discrimination would include refusing to serve you, offering you a lower standard of service on less favourable terms. There are some grounds under which treating a disabled person less favourably can be justified, for example, health and safety where a risk can be proven.

Reasonable adjustments - Since October 1999, service providers have also been required to make reasonable changes to policy, practice or procedures that make it unreasonably difficult for disabled people to use their service; to take reasonable steps to obtain aids, such as induction loops, that will help disabled people use their service; and where a service is based in inaccessible premises, service providers will be required to take reasonable steps to provide their services by alternate means. From 2004, service providers will be required to take reasonable steps to remove or alter a feature of their premises that make it unreasonably difficult or impossible for a disabled person to use the service.

Housing - Since 2/12/96 it has been unlawful for anyone letting or selling land or property to discriminate against disabled people. Most types of premises are included in the provisions - houses, flats, hostels and business premises - though hotels and guest houses are covered by the Goods and Services section of the Act, as is the provision of general housing information - see access to goods and services above.

The DDA applies to almost any agency involved in letting or selling property including: councils, housing associations, private landlords, estate agencies, accommodation agencies, banks and building societies, property developers and owner occupiers.

You will have been discriminated against if you are treated less favourably than someone else for a reason relating to your disability and this treatment cannot be ‘justified’. For example, if you were charged a higher rent or higher deposit than other tenants, for a reason related to your disability, then your landlord would be guilty of discrimination. The Act also makes the harassment of disabled people unlawful.

The Act exempts from its provisions landlords who let rooms to six or fewer people in their own homes and there is no legal obligation on anyone selling or letting property to alter the premises in order to make them accessible for you (this includes giving permission for you to carry out the adjustments).

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