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Tutorial: Discrimination & Disability Act

Tutorial: Discrimination & Disability Act. Rowan Brown GPVTS ST3. DDA Overview. Legislation in 1995 Updated in 2005 (Extended)

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Tutorial: Discrimination & Disability Act

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  1. Tutorial: Discrimination & Disability Act • Rowan Brown GPVTS ST3

  2. DDA Overview • Legislation in 1995 Updated in 2005 (Extended) • Aims: to end the discrimination that many disabled people face and to give them equal rights in terms of employment, access to goods facilities and services, and buying or renting property or land.

  3. DDA Structure • Parts I-VIII • Part I : Definition of Disability and Impact upon activities • Part II: Employer Law: Duties to the Employess • Part III: Access to Goods & Services

  4. DDA Application to General Practice • Part II & III - phased in • 1996 - unlawful to be treated unfavourably • 1999 - employers must make “reasonable adjustments” to facilitate work • 2004 - employers must make “reasonable adjustments” to the physical features of the premises to facilitate work

  5. DDA - What are Reasonable Steps? • Disability Rights Commission have highlighted points to be considered: • Whether taking any particular measures would be effective in overcoming the difficulty that disabled people face in accessing the services in question • The extent to which it is practicable for the service provider to take the measures • The extent of any disruption which taking the measures would cause • The extent of the service provider’s financial and other resources • The amount of any resources already spent on making adjustments • The availability of financial or other assistance.

  6. DDA - Implications • Disability Rights Commission suggest: • Reallocation of minor dutiesto another employee • Offering flexible working hours, to avoid rush hours, for example. • Allowing absences during working hours, for rehabilitation, assessment or treatment. • Assigning or transferring a job or an employeeto a place of work more suited to their needs. For example, moving a workstation to a more accessible location. • Making instructions and manuals more accessible;for example, providing a Braille version for a blind person. • Providing appropriate or additional training.

  7. DDA: Premises- What to Do • Remove the feature • Alter it so that it no longer has that effect • Provide a reasonable means of avoiding the feature • Provide a reasonable alternative method of making the service in question available to disabled persons. • Who funds this?

  8. Who Cares? • Legal Proceedings • No Upper Limit of Compensation - financial, pyschological & physical damage • Injunction on the Property to prevent further discrimination - but court cannot enforce physical changes to the premises

  9. DDA Exemptions • Part I - definitions: • Substance addiction • Allergic rhinitis • Tendancy to physical or sexual abuse • Part II - services • Parliament • Armed Forces • Security Services & National Assemblies • Part III - leased premises

  10. Prosecutions • Debenhams 2005 • Greg Jackson sued as unable to access mens section, as there were no alternatives to steps • Formal Agreement signed with DRC to implement access to all floors in all stores

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