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further information or assistance please contact: For further information or assistance please contact: Nicholas
C J Lakeland Martin
D Donoghue
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| 7 Bath Place, London EC2A 3DR Telephone: 020 7749 2700 |
| Facsimile:
020 7739 4309 email: mail@silvermansherliker.co.uk www.silvermansherliker.co.uk DX 137779 FINSBURY 5 |
THE DISABILITY DISCRIMINATION ACT 1995
CODE OF PRACTICE
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The
Code of Practice deals with the duties placed by Part 3 of the DDA
1995 on those providing goods, facilities or services to the public.
The Act makes it unlawful for service providers and other persons
to discriminate against disabled people. These duties have been introduced in three stages: December 1996 It is unlawful to treat disabled people less favourably for a reason related to their disability October 1999 Reasonable Adjustments have to be made for disabled people. October 2004 Reasonable Adjustments have to be made in relation to physical features to overcome physical barriers to access. WHAT IS UNLAWFUL? It is unlawful for a service provider to discriminated against a disabled person: 
by refusing to provide any
service which it provides to the
public
in the standard of service which it
provides to disabled people or the
manner in which it provides it
in the terms on which it provides
the service.
In failing to make reasonable
adjustments resulting in making it
unreasonably difficult or
impossible for a disabled person
to use the service.WHO HAS RIGHTS UNDER THE ACT? An adult or child has protection from discrimination if he or she is disabled. A disabled person is someone who has a physical or mental impairment that has an effect on their ability to carry our normal day-to-day activities. Such impairments include:
Sensory impairments e.g. blind,
deaf
Hidden impairments e.g. mental
illness, learning difficulties,
epilepsy MUST A SERVICE PROVIDER KNOW THAT A PERSON IS DISABLED? The test that has been used by the courts is whether, as a matter of fact, this was the reason why the disabled person was less favourably treated. REASONABLE ADJUSTMENTS Where a Service Provider offers services to the public, it has a legal duty to take steps as is reasonable to allow for the provision of disabled people. This includes:
Changing Practices, Policies and
Procedures:
A service provider may have a
practice which makes it
unreasonable difficult for a
disabled person to use the service
Providing auxiliary aids and
services E.g. the provision of
information on audiotape or the
provision of a sign language
interpreter
Overcoming a physical feature
E.g. Steps, toilets, lifts, floor
coverings, furnitureThese duties came into effect in October 1999, but from October 2004 where a physical feature makes it impossible or unreasonably difficult for disabled people to use a service, the service provider will have to take reasonable steps to remove or alter it, or provide a reasonable alternative method of making the service available, e.g.
Widening doorways
Providing ramps for wheelchairs
Relocating switches, door
handles, doorbells. |
TO WHOM IS THE DUTY OWED? The duty to make reasonable adjustments is owed to disabled people at large. It is not simply a duty that is weighed up in relation to each individual disabled person who wants to access a service. WHEN DOES THE DUTY APPLY? The service provider owes a duty of reasonable adjustment to disabled people and applies regardless of whether the service provider knows that a person is disabled or not. Therefore employees may be discriminating unlawfully even if they are not aware a customer is disabled. COST OF REASONABLE ADJUSTMENTS The Act does not allow a service provider to pass on the additional costs of complying with the duty to make reasonable adjustments to disabled customers. Sometimes a service provider makes an additional service available to customers for which there is a charge. If however, the additional service is in itself a reasonable adjustment under the Act, it cannot be charged to the customer. LESS FAVOURABLE TREATMENT In limited circumstances, the Act does permit a service provider to justify the less favourable treatment of a disabled person or a failure to make a reasonable adjustment. Health and Safety
The Act does not require a service
provider to do anything, which
would endanger health and safety.
This cannot apply unless the service
provider believes that the
unfavourable treatment is necessary
in order to not endanger the health
and safety of any person.Incapacity to contract
The Act does not require a service
provider to contract with a disabled
person who is incapable of entering
into a legally enforceable agreement
or of giving an informed consentService provider unable to provide the service to public
A Service Provider can justify
refusing to provide a service to a
disabled person if the Service
Provider would otherwise be unable
to provide the service to other
members of the public. This can only
be justified if there are no reasonable
adjustments, which can be made to
allow the disabled person to use the
service.To enable the Service Provider to provide the service A Service Provider can justify providing a lower standard of service if this is necessary in order to be able to provide the service to the disabled person or other members of the public. This can only be justified if there are no reasonable adjustments that can be made to allow the disabled person to use the service. Greater cost of providing a tailor made service
A Service Provider can justify
charging a disabled person more for
some services than it charges other
people. This is where the service is
individually tailored to their
requirements. This justification
cannot apply where the extra cost is
from the provision of a reasonable
adjustment.LIABILITY FOR EMPLOYERS The Act states that employers are responsible for anything done by their employees in the course of their employment. It is not a defence for the employer to show that the Act took place without its knowledge or approval. However, it is a defence where the employer took such steps as were reasonably practicable to prevent such acts. |