2.16 Disabled Persons

The Disability Discrimination Act 1995 (DDA) seeks to end discrimination against people with disabilities.

It gives rights in:

• Employment
• Access to goods and services
• Buying or renting land or property

The DDA defines disability for the purposes of the Act: 'There must be a mental or physical condition which has a substantial and long term and adverse effect on the employee's ability to carry out normal day to day activities. Long term means that the condition must last, or be likely to last, for more than 12 months. The applicant's ability to carry out normal day to day activities can be adversely affected in one or more of the following ways:

• Mobility
• Manual dexterity
• Physical coordination
• Ability to lift or otherwise move everyday objects
• Speech, hearing or eyesight
• Memory or ability to concentrate, learn or understand
• Understanding the risk of physical danger

Under the DDA it is unlawful:

1. To discriminate against a disabled person in employment
2. For an employer to fail to provide any necessary reasonable adjustments for disabled employees and applicants
3. To provide lower standards of, or refuse service and offer less favourable terms to disabled people.
4. To discriminate when selling or letting land or property.

The latest regulations, the Disability Discrimination Act 1995 (Amendment)

Regulations (SI 2003/1673) came into force on 1st October 2004. They introduced  certain key amendments to the DDA, including:

1. Removal of the small business exemption for employers with fewer than 15 employees.
2. Extension of protection to certain categories of employment.
3. Change to the burden of proof from employee to employer.
4. Specific prohibition of harassment based on disability.
5. Clarification that less favourable treatment is not justifiable where the reason for that treatment is based merely on the fact that the person has a disability rather than on a consideration of the individual's abilities.
6. Extension of protection in certain circumstances beyond the end of the employment relationship from acts of discrimination (including harassment).
7. Removal of the justification defence in respect of a failure to make reasonable adjustments.

Clifford House will:

• Conduct a review of all employment policies and practices to determine how they are affected by the provisions of the DDA.
• Provide appropriate training, development and guidance to employees and subcontractors to assure understanding about the way unfair discrimination occurs and how it can be avoided
• Newly appointed disabled employees and employees who become disabled will receive specific information and training on relevant matters of Health and Safety.
• Explain the concepts of 'reasonable adjustment' and 'justifiable 'discrimination and the importance of flexibility in working practices and general policies.
• Make sure all employees and representatives of the organisation know what their personal responsibilities and accountabilities are.
• Initiate programmes which encourage job applications from people with disabilities.
• Provide training and development which actively supports the recruitment and retention of people with disabilities.
• Consult people with disabilities to find out about the effects of their disability and job requirements.
• Seek expert help in assessing disability and exploring possibilities for appropriate and practical adjustments.
• If the company requires the services (supervisory or otherwise) of other employees to assist a disabled person in the course of their work or to expedite health and safety procedures, these employees will be trained by the company and will receive specific notice of the duties required of them, and the disabled employee will be advised of the arrangement.
• Check job specifications to make sure they are not likely to lead to discrimination.
• Guard against the inappropriate use of medical checks and information for people with disabilities.
• Ask candidates before interviews if they have specific requirements and make necessary reasonable adjustments in advance.
• Take care to ensure that people with disabilities are given the right conditions to do teats and take part in other selection processes.
• Concentrate on abilities during interview and only ask about a disability if it has a bearing on the person's ability to work.
• Not require higher standards of performance and conduct of a person with a disability than you would of any other employee.
• Consider modification to job qualification requirements if a person could not achieve it due to disability but, nonetheless, would perform the job well.

Clifford House will also ensure the criteria listed below are being implemented:

1. Make sure that the employment and retention of people with disabilities is an integral part of the organisation's diversity and equal opportunities policies and practices.
2. Take specific actions to raise the awareness of people in the organisation about disability and make sure key staff are fully informed and know about their personal role responsibilities in making sure unfair discrimination does not occur.
3. Get senior management backing and support.
4. Ensure the working environment does not prevent people with disabilities from taking up positions for which they are qualified.
5. Check that job advertisements and job descriptions are not unfairly discriminatory and ensure that application forms are easy to use if a person with a disability has a particular need.
6. Always take steps to ensure that people with disabilities have fair chances to develop their potential and compete.
7. Support employees who become disabled by offering leave for adjustment to the disability and consult them and other relevant specialists to identify their needs in the workplace.
   1. Involve people with disabilities in work experience, training and education or industry links.
8. Ensure that all training courses are fully accessible to disabled delegates and train trainers in disability awareness.
9. Recognise and respond to people with disabilities as customers, suppliers, shareholders and members of the community at large.
10. Ensure the marketing department is aware of the numbers of potential disabled customers and that all parts of the organisation, services and products are appraised to improve accessibility to disabled people in practical ways.
11. Encourage the participation of disabled in implementing policy through regular consultation and ensure that, wherever possible, practices and procedures meet their needs.
12. Monitor review and benchmark good practice performance by conducting regular audits for consideration at senior level and publish the objectives, progress and achievements for the benefit of all stakeholders.

End