What is covered by the Act
It is unlawful for an employer to treat disabled people less favourably than a non-disabled person for a reason related to disability or to fail to comply with the duty to make 'reasonable adjustments', unless they can show such treatment is justified.
There are five types of employment discrimination:
-
direct discrimination: discrimination on the ground of someone's disability
-
failure to make reasonable adjustments
-
disability-related discrimination: the reason is linked to the disability but is not the disability itself
-
victimisation
-
harassment.
Who is covered by the Act
Employers
Employers of any size are covered by the Act. The DDA covers employment agencies, work experience, and qualifying bodies that regulate entry to a profession (for instance, the General Medical Council).
Employers are liable (that is, legally responsible) for the actions of their employees and agents (for instance a recruitment agency which discriminates on the authority of the commissioning employer). The Act covers discrimination in occupational pension schemes and insurance obtained through employers, for example health insurance. You do not need to be employed for a minimum period of time to bring a discrimination claim, and compensation is unlimited.
Employees
Employees, whether temporary, part time or permanent employees and contract workers are covered. Occupations such as police officers, barristers, partnerships and 'office holders', such as magistrates, are covered. The only major occupation not covered by the Act is service in the armed forces.
Volunteers are not separately covered by the Act and so whether or not volunteers are covered will depend upon whether or not they are an 'employee', which will in turn depend upon the nature of any contract they have. Whilst generally speaking volunteers are not considered to be employees, there have been some cases where they have been held to be so, and specialist advice should be sought in relation to volunteers. In addition, some 'voluntary' office holders, such as school governors, are covered by the public authority function provisions of the Act.
There are also provisions in the Act, introduced by the DDA 2005, to cover local authority councillors in respect of their official business.
Trade organisations
Trade organisations (for example trade unions) have a duty under the DDA not to discriminate against members or potential members, and are required to make reasonable adjustments for their existing and potential members.
Duty to make reasonable adjustments
Where a provision, criterion or practice applied by or on behalf of an employer (including any arrangements made by or on behalf of any employer) or where any physical feature of premises occupied by the employer, put the disabled person at a substantial disadvantage compared with people who are not disabled, the employer has to take reasonable steps to prevent the provision, criterion, practice, or feature from having that effect.
The Act does not specify what is reasonable and what is not.
Justification
The only type of discrimination employers can justify is disability-related discrimination. They can do this if, in the circumstances, it is for a 'material' and 'substantial' reason.
Find our more about Reasonable adjustments.
Enforcement
If you think you have been discriminated against under the DDA employment provisions, you can make a complaint to an Employment Tribunal. The complaint must be registered with the Tribunal within three months of the discriminatory act, for instance the date you were dismissed. In most circumstances there is a legal requirement to use a grievance or disciplinary procedure first; you then have an extra three months to bring a claim. If you don't use the procedure when you have to, the Tribunal will reject your claim.
Find out more about what to do if you experience discrimination.
Useful links