What is the Disability Discrimination Act?
The Disability Discrimination Act (DDA) gives rights to disabled people - those with a "physical or mental impairment which has a substantial and long term adverse effect on the ability to carry out normal day to day activities".
Who has rights under the DDA?
If you are registered or could be registered as blind or partially sighted then you are automatically covered by the Act. Even if you cannot be registered you still may have rights under the Act.
What employment is covered by the DDA?
Employers of any size are covered by the Act. The only major occupation not covered by the Act is service in the armed forces. The type of employees covered includes temporary, part-time, permanent and contract staff. Voluntary work is not generally covered by the DDA, but there are instances where it might be so seek advice.
The same definition of discrimination applies across the employment and occupation provisions of the Act, but there are special provisions relating to reasonable adjustments and who is responsible for the adjustments in relation to certain occupations.
What is meant by discrimination?
There are 3 main ways in which an employer can discriminate against a disabled person:
Direct discrimination
Treating a disabled person less favourably on the grounds of disability. It is generally where the disability itself is the reason for the treatment - treatment that is based on prejudice.
For example, an employer refuses to offer a job to a blind or partially sighted person, despite their qualifications and experience, purely because they do not wish to employ someone with a sight problem.
Indirect discrimination
Treating a disabled person less favourably for a reason relating to disability than others for whom that reason did not apply.
For example, an employer dismisses an employee who has had two months off work for a reason relating to their sight problem. It is the employer's policy to dismiss anyone who has taken this length of time off, and it is not direct discrimination. But it is indirect discrimination because the time has been taken off for a reason relating to the disability. The employer has to prove that the dismissal was justified and that no reasonable adjustments could have been made.
Failure to make reasonable adjustments
A situation where the failure to make a reasonable adjustment put the disabled employee at a substantial disadvantage.
What is a "reasonable" adjustment?
The Act does not specify what is reasonable and what is not, but the following examples highlight what adjustments could be considered:
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making adaptations to the written test used in an interview
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allowing job applications to be submitted on tape
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providing a blind and partially sighted person with a reader or adapted computer with large character, braille display or speech output
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providing time off when an employee develops a sight problem for rehabilitation/assessment
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reallocating some minor duties to another colleague
The Act does say that an employer should pay regard to:
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the extent to which taking the adjustment would prevent the effect in question
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the practicability of taking the step
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the financial and other cost in making the adjustment and the extent to which taking it would disrupt any of its activities
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the extent of the employer's resources
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the availability of financial or other assistance for making the adjustment
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the nature of his activities and the size of his undertaking
What if I have been discriminated against?
There are a number of steps to resolving any problems in the workplace without having to take any legal action.
Informal grievance
Your employer may be willing to help resolve any problems you are having, and they need to know about your concerns. You can raise an informal grievance with your line manager or your HR department.
Formal grievance
Your next step could be to start a formal grievance procedure. Ask for a copy of your employer's grievance procedure, which should tell you how they will deal with your complaint. If your employer does not have a grievance procedure, or will not give you a copy of it, you should still put your complaint in writing in order to help any future tribunal claim.
Employment Tribunal
If you feel you have been treated unfairly by an employer because of your disability then you may be able to use the DDA to bring a claim against them. Any claim is heard at a tribunal. If you succeed in your case you may be given compensation, reinstated in your job (if you have been unfairly dismissed) or a declaration that you have been discriminated against.
Getting more information
It is a good idea to get some basic information on the DDA before taking your case further. A good place to start it to contact the Community Legal Service and find details of your nearest legal adviser.
Time limits
Claims of discrimination must be made to the tribunal within three months of the incident of discrimination.
Questionnaires
It can sometimes be hard to prove that you have been discriminated against - particularly if you have been refused employment. In order to help you get information to support your case you can send a questionnaire to the employer. You can ask them questions such as whether they employ disabled staff and whether they have an equal opportunities policy. The employment tribunal will take the answers given into account at the hearing
Making your application
You have to make your application to the employment tribunal on a special form known as an IT1. You can get a copy from your local Jobcentre Plus. The form will ask you about the type of complaint that you want the tribunal to look into. You should include:
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Details on your eye condition and how this meets the DDA definition of disability
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What happened to you and the date or dates it happened
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Why it was discriminatory and how it relates to your disability
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Outline the employer's failure to make reasonable adjustments or that fact that the adjustments made were inadequate
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Why any adjustments you required were reasonable
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The effect of the employer's actions had on you
Further information
Equality and Human Rights Commission
Telephone (England): 0845 604 6610
Telephone (Wales): 0845 604 8810
Telephone (Scotland): 0845 604 5510
Website: www.equalityhumanrights.com
Formerly the Disability Rights Commission, the Equality and Human Rights Commission helpline can provide information and guidance on discrimination and human rights issues.
Citizens Advice Bureaux
Telephone: Call directory enquiries for details of your nearest CAB office
Website: www.citizensadvice.org.uk
The Citizens Advice service helps people resolve their legal, money and other problems by providing free information and advice.
Community Legal Service
Telephone: 0845 345 4345
Website: www.clsdirect.org.uk
The Community Legal Service Helpline can give you free help or legal advice over the phone for problems with debt, housing, employment, education and welfare benefits and tax credits. If they are unable to help then they can put you in touch with the right people who can.
Law Centre Federation
Telephone: Call directory enquiries for details of your nearest centre
Website: www.lawcentres.org.uk
The LCF is the national body for a network of community based Law Centres. Law Centres provide help in solving everyday problems, such as getting decent housing, dealing with discrimination, or obtaining the correct benefits.