DISABILITY DISCRIMINATION ACT 1995

Background

The Disability Discrimination Act (DDA) was passed in 1995 with the aim of protecting disabled people in the following areas:

• employment;
• access to goods, facilities and services;
• the management, buying or renting of land or property;
• education.

The law took effect for employers in December 1996 and other provisions were introduced over a period of time. The following requirements were introduced for ‘service providers’ (eg businesses and organisations, providing a service to the public):

• From December 1996, it has been unlawful to treat disabled people less favourably than others for a reason related to their disability.
• From October 1999, reasonable adjustments have had to be made for disabled people, such as providing extra help or making changes to the way services are provided.
• From October 2004, reasonable adjustments have had to be made to the physical features of premises to overcome physical barriers to access.
• In April 2005, a new Disability Act was passed which amends or extends the existing provisions of the DDA 1995.

Discrimination

Discrimination under the Act occurs:

• By treating a disabled person less favourably than other customers because of their disability

or

• By not making reasonable adjustments to the way you deliver your service, which allow disabled persons to use them.

Treating a disabled person ‘less favourably’ than other customers includes:

• Refusing to serve them.
• Providing them with a lower standard of service.
• Providing them with a service on worse terms.

Discrimination claims

Any disabled person who feels that they have been discriminated against has the right to take civil proceedings against the service provider in the County Court. This is a civil action, not a criminal one, and there is no possibility of a criminal conviction. However, if successful, compensation may be awarded to the applicant and an injunction, preventing the service provider from repeating the discriminatory act, may be imposed.

Defining disability

The Disability Discrimination Act defines a disabled person as someone who has a physical or mental impairment that has a substantial and long-term effect on his or her ability to carry out normal day-to-day activities. Disabilities include:

• physical impairments;
• sensory impairments;
• mental illness;
• severe disfigurement;
• recurrent and progressive conditions.

According to The Disability Rights Commission, around 1 in 5 people of working age are considered to be ‘disabled’ and are likely to have rights under the Disability Discrimination Act (DDA).

Making reasonable adjustments

As of October 2004, service providers must have made reasonable adjustments to any physical features of the premises, in order to overcome any physical barriers to access by disabled people. Failure to do so, without justification, can leave the service provider open to claims of discrimination from disabled people.

In deciding what changes are reasonable the following factors will be taken into account:

• The size and resources of the service provider.
• The costs of making the adjustments.
• The extent and impact of any disruption caused by the adjustment.

Examples of reasonable physical adjustments may include:

• Ensuring premises are well lit, where appropriate.
• Providing well-defined signs.
• Installing a ramp and a handrail at the entrance where there are steps.

• Reserving disabled car parking spaces near the entrance to your premises.
• Clearly marking the edges of steps in a contrasting colour.
• Providing handrails in at least one toilet cubical, if no disabled WC is available.
• Adjusting the width of at least one entrance to allow access by wheelchair-bound persons.
• Ensuring that the approach to your pub is free of trip hazards.
• Ensuring the layout of tables and chairs allows easy access for disabled people.

Other reasonable changes

• Providing large-print menus and price lists.
• Offering to read menus to people with visual impairment.
• Installing an induction loop for people with hearing impairment.
• Providing table service.
• Providing a pencil and paper for people with verbal and hearing impairment.

Further information about DDA

More information about DDA and a downloadable (pdf) guide Making Access to Goods and Services Easier for Disabled Customers – A Practical Guide for Small Businesses and Other Small Service Providers can be found by visiting the Disability Rights Commission website: www.drc.org.uk. Alternatively, you can telephone them on: 08457 622 633, (between 8am–8pm, Monday–Friday).