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Disability discrimination

Disability Discrimination

The Disability Discrimination Act 1995 makes it unlawful to discriminate against a disabled person in connection with his employment, the provision of goods, facilities and services or the disposal or management premises, to make provisions about the employment of disabled person, and to establish a national disability council.

redarrow Who is a disabled person for the purpose of the Disability Discrimination Act?
redarrow Duty to provide reasonable adjustments

Those of you old enough to remember will remember that there was a quota system in place after the Second World War and businesses of certain sizes had to have a certain number of disabled people working for them. This is no longer the case. There is no official register of disabled people. This was removed as part of the introduction of the Disability Discrimination Act.

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The act itself makes it unlawful for an employee to treat a disabled person to a detriment unless he can show that that treatment is justified. These provisions include Applicant for jobs, sub-contractors and employees. There is a further duty which is a positive duty on employers for them to provide “reasonable adjustment s” to working practices to make it possible for the employee as a disabled person to work and not to be treated less favourably because of their disability. In that sense, it could be regarded as a form of positive discrimination. It is only positive to the extent that it should allow an employee to effectively be on a level playing field with a non-disabled person and not to be treated better than a non-disabled person.

Originally, when the Disability Discrimination Act came into force on the 2nd December 1996, there was a small business exemption for any one who had less than 20 employees. A few years ago, this was amended to the small business exemption to 15 employees and since the 1st October 2004, there is no longer any small business exemption. This means that any disabled person no matter what the size of the business or the number of employees can rely on the protection of the Disability Discrimination Act.

The Disability Discrimination Act 2005 became law on the 7th April 2005 it effects certain
changes in the law including the issue of mental impairment a person who has a mental impairment does not need to show that it is a clinically well recognised condition and merely now has to show that it has a substantial effect on his day to day activities, this is a major change.

If you are facing redundancy visit our redundancy pages.

If you are being unfairly Dismissed, visit our Unfair Dismissal pages.

If you are being disrciminated against due to race, visit our Race Discrimination pages.

If you are considering going to an Employment Tribunal then see our Employment Tribunal pages

If you are facing Constructive Dismissal, visit our Constructive Dismissal pages.

If you are losing your job due to Misconduct or Gross Misconduct, visit our Misconduct or Gross Misconduct pages.

If you are losing your job due to Capability then visit our Capability pages

If you think you may be suffering from disability discrimination then visit our disability discrimination pages

If you are being asked to sign a Compromise Agreement, then visit our Compromise Agreement pages.

If you are being put on Garden Leave then please see our Garden Leave pages


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