DISABILITY DISCRIMINATION ACT

The Disability Discrimination Act gives disabled people legal rights in the areas of buying or renting land or property, access to goods, facilities and services and in regards to fair treatment whilst in employment. The employment rights part of the legislation came into force on 2 December, 1996.

A disabled person is defined under the act 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." There is statutory guidance on matters relating to the definition of disability which can be purchased from HMSO.

The employment provisions within the Act apply to employers and include the requirement that employers must consider making reasonable structural changes premises that they occupy to cater for the disabled.

An employer can unlawfully discriminate against a disabled employee or job applicant in the following two ways:

1. by treating a disabled person, without reasonable justification, less favourably than other employees or job applicants because of disability.
2. by not making, without justification, reasonable adjustments.

HMSO publish a code of practice called "Elimination of discrimination in the field of employment against disabled persons or persons who have had a disability" which gives employers guidelines on the employment provisions of the Act, and a similar code of practice is also available which gives practical guidance on how trade organisations can prevent discrimination against disabled people.

New regulations came into force in October 1994 requiring permanent physical adjustments to business premises and is outlined in an HMSO publication called "Code of Practice - Rights of Access, Goods, Facilities, Services and Premises" . The new duties apply to service providers where physical features make access to their services impossible or unreasonably difficult for disabled people.

We are able to offer a wide range of employment law advice including :-

• unfair dismissal
• constructive dismissal
• redundancy
• racial discrimination
• sex discrimination
• racial harassment
• sexual harassment
• disability discrimination
• workplace bullying law
• compromise agreements
• age discrimination
• victimisation
• equal opportunities
• discrimination through pregnancy
• transfer of undertakings
• working time regulations
• commercial agents
• religious discrimination
• discrimination on the grounds of sexual orientation

If you believe you have a claim, it is important to get advice from a solicitor specialising in the field of employment law. If you would like advice just telephone us for a free initial consultation.