DISABILITY
DISCRIMINATION
The Disability Discrimination 1995 makes discrimination
on the grounds of disability unlawful in employment
as well as other areas of life.
Employers with 15 or more employees must comply
with the Act and should be fully aware of the
far-reaching implications and effects upon them.
WHAT
IS A DISABILITY?
The Act defines disability as a physical or mental
impairment, which has a substantial and long-term
adverse effect on a person's ability to carry
out normal day-to-day activities. This definition
applies to all provisions within the Act and Schedule
1 sets out the qualifications for this definition..
Sometimes, there may be a dispute as to whether
an employee is actually disabled for the purposes
of the Act but is meant to embrace all people
who are generally considered to be disabled.
Discrimination occurs when a person is treated
less favourably than other people unjustifiably.
It also occurs when an employer fails to make
a reasonable adjustment in relation to the disabled
person and that failure cannot be justified.
WHAT
IS A "REASONABLE ADJUSTMENT"?
A reasonable adjustment is any step that a reasonable
employer must take to not place a disabled person
at a disadvantage in comparison to someone who
is not disabled. This could be from the recruitment
and selection process to providing training and
benefits.
There are many complexities to the Act and its
effects and it is essential that you are properly
informed when dealing with these matters.
For further advice on the DDA and its implications
visit the Disabilities Rights Commision's website
now: Link
If you need advice about Race Discrimination
issues whether you are an employer or employee,
contact us by email or by telephone on 0161 766
8585.
If you are involved in an Employment Tribunal
case or need advice about your case, we will give
you a free initial assessment of your case without
obligation.
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