Disability Discrimination Act
HOW THIS LAW AFFECTS YOUR BUSINESS
The Act makes it unlawful for a Service Provider to discriminate
against a person with disabilities. This Act is being phased
in through stages. Part II sets out the requirements for
employers and disabled employees. Part III sets out how
Service Providers must cater for those with disabilities.
“Disability” is described by the Act broadly “a
physical or mental impairment that has a substantial or
long-term adverse effect on a person’s ability to carry
out day-to-day activities.” To affect day-to-day activities
an effect must be in one of the following broad categories:
mobility, manual dexterity, physical co-ordination, continence,
lifting, carrying or moving objects, speech, hearing or
eyesight, memory, concentration, learning or understanding,
or recognition of physical danger.
A Service Provider provides goods or facilities
and, subject to a small number of exclusions, affects every
Service Provider in the UK whether in the private, public
or voluntary sectors. It includes local and national government
public services, charities & voluntary groups, hotels
& caterers, professionals (accountants, solicitors,
doctors & churches), places of entertainment, hairdressers
& beauty parlours, markets, petrol stations, supermarkets
and every other type of business or organisation with few
exceptions. The Act covers all those providing the service
from the most senior director or manager to the most junior
employee.
The only exceptions to this Act are public transport
(but not the associated buildings such as coach stations)
and services not available to the general public where membership
is a condition. Commercially run businesses which require
a membership (such as video shops and health clubs) are
not excluded. Manufacturers and designers of products are
excluded in that they do not have to ensure Part III of
the Act covers their products unless they give access to
the public (such as factory shops).
The Service Provider must not treat the disabled person
less favourably without justifiable reason. It is unlawful
to discriminate against a disabled person by refusing to
provide a service it normally provides to the able-bodied.
It is unlawful to provide a service to a lower standard
or in a worse manner or on worse terms. It is unlawful to
fail to fail to make reasonable adjustments. This means
that all Service Providers must ensure that access into
and around their premises is adapted to suit the needs of
the disabled. This may include ramps or rails, signage,
provision for hearing devices, lighting, counter heights,
stairs and lifts, alarms, wc’s, doors and surfaces.
Complying with Part III of the Act is the responsibility
of the Service Provider, not necessarily the owner of the
building. Owners of buildings have no legal duty to make
adjustments to premises that are let out or managed, unless
it is to themselves to provide a service. It is, however,
good practice to take any steps necessary.
Access Auditing is a clearly defined solution to ensure
you comply with the Act. This should cover all areas
of a Service Provision including physical and policy, procedure
and practice, and set out recommendations for adaptations,
changes and improvements that should be made. A good Access
Auditor will give you a quotation ensure that staff training
is available, a programme of building management in place
and that any work is kept within a sensible budget. Access
Auditors will also help ensure an Employer complies when
employing someone with a disability
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