The Disability Discrimination Act

The Disability Discrimination Act (DDA) 1995 aims to end the discrimination that many disabled people face. This Act has been significantly extended, including by the Disability Discrimination Act 2005. The DDA requires employers to:

• treat disabled persons equally with non-disabled persons in all employment matters
• make any reasonable changes to the premises, work layout, hours of work, etc that may be necessary to accommodate the needs of disabled employees.

However, employers will not be expected to make changes which would contravene health and safety laws. It is recommended that employers (or those in charge of premises) carry out a disability access audit for premises under their control.

The DDA now defines disability as any physical, mental or sensory impairment that affects the disabled person’s ability to perform normal day to day activities. This is not limited to wheelchair users, but may include workers with hearing or sight impairments, as well as a wide range of other disabilities. The disability must also be substantial and last, or be expected to last, at least 12 months. Severe disfigurements and progressive conditions such as AIDS, diabetes, asthma, multiple sclerosis, etc are also included.

Under the DDA, businesses have to make reasonable adjustments so they do not discriminate against disabled customers or employees. The law has been designed so that companies only have to make reasonable changes. However, if a company fails to do what is reasonable, then a disabled person could take legal action against them for treating them unfairly.

DDA Access Audit

It is good practice to determine the level of accessibility of the premises to people with disabilities as the first stage of making any reasonable adjustments to the premises and to work arrangements. This may be achieved by undertaking a DDA Access Audit. Ideally, any disabled employees should be consulted as part of the process as it is likely that they will have some important points to pass on. Such an audit should consider issues such as:

1. the approach to the premises (please see image to the right)
2. parking arrangements (please see image to the right)
3. access into the premises (please see image to the right)
4. Risk assessment (interactive session)
5. Accident causation and accident investigation
6. communication and way-finding issues associated with the premises
7. suitable access to welfare facilities
8. safe evacuation of the premises

Consideration should be given to the full range of disabilities.

LRB Consulting can assist you with your DDA Access Audit and in determining an action plan for any reasonable adjustments that may be required.

To find out how call us now on 01509 550023 or email us with any questions.