Disability Discrimination at Work
Approximately one fifth of the working age population in Great Britain is disabled. This represents 6.9 million workers with disabilities. Workers with a disability enjoy the same general employment rights as other workers but may also be protected under the Disability Discrimination Act 1995 ("DDA").
Who qualifies under the DDA?
The DDA defines a disabled person as someone who has :-
"....a physical or mental impairment which has a substantial and long term adverse effect on the person's ability to carry out normal day to day activities".
This involves, therefore, a consideration of four questions :-
1. Is there an impairment?
There is no definition of "physical impairment" but this can include weakening or defects in the body caused through illness, accident or which may have existed since birth e.g. blindness, deafness, diabetes, heart disease or limb paralysis. Recognized mental illnesses may constitute a mental impairment as can learning disabilities in certain cases.
2. Does the impairment adversely affect the person's ability to carry out normal day to day activities?
Such activities are those that affect one of the following :-
mobility;
manual dexterity;
physical co-ordination;
continence;
ability to lift, carry or otherwise move everyday objects;
speech, hearing, or eyesight;
memory or ability to concentrate, learn or understand ;
perception of the risk of physical danger.
A worker's performance at work is not an example of day to day activities but evidence of the nature of a worker's duties at work and the way in which they are performed, particularly if they include day to day activities from the list above, can be relevant to the assessment.
3. Is the adverse effect substantial?
Substantial means "more than minor or trivial" and not "very large".
Measures taken to treat or correct a medical condition are discounted so that, for example, in cases such as insulin for diabetes or hearing aids for the hearing impaired the condition is considered as if the treatment had stopped leaving the question whether the person would then have an impairment with a relevant adverse effect.
4. Is the substantial adverse effect also a long term effect?
An effect is long term if :-
it has lasted at least twelve months; or
the period for which it lasts is likely to be at least twelve months; or
it is likely to last for the rest of the life of the person affected.
Conditions which have been found to constitute a disability
ME/CFS
abdominal pain
bipolar affective disorder
bulimia nervosa
sciatica
emphysema
epilepsy
diabetes
asthma
degenerative disc disease
depression and anxiety neurosis
muscular dystrophy
visual impairment not correctable by glasses/contact lenses
paranoid schizophrenia
hearing impairment
How does the law protect a disabled worker?
It is unlawful to discriminate against a disabled person because of their disability :-
in the recruitment process
in their terms and conditions of employment
in considering them for promotion, transfer, training or other benefits
by dismissing them
by treating them less favourably than other workers
by subjecting them to harassment or victimization.
What forms of discrimination exist under the DDA?
Disability Discrimination is unlawful where there is :-
Less favourable treatment on grounds of disability (direct discrimination) ;
Less favourable treatment without justification for a reason relating to a person's disability
Failure to make reasonable adjustments where, for example, the physical layout of the work place substantially disadvantages a disabled person.
Harassment where there is unwanted conduct on the grounds of disability that violates a person's dignity or creates an intimidating, hostile, degrading, humilating or offensive environment. The conduct will be regarded as harassment if, having regard to all the circumstances, including in particular the disabled person's perception, it should reasonably be considered as having that effect;
Victimization which occurs when a worker is subjected to less favourable treatment than others for having alleged discrimination, having brought proceedings against the employer, having given evidence or taken any other action under the DDA.
What are reasonable adjustments?
Employers have a duty to make reasonable adjustments as soon as they become aware that a job applicant or member of staff is disabled within the meaning of the DDA. Not asking whether something is needed is not a defence for not knowing and it is the duty of the employer to take reasonable steps to find out whether adjustments are needed.
Examples of reasonable adjustments might include :-
altering the disabled person's working hours
allocating some of the disabled person's duties to another person
allowing a disabled person to be absent during working hours for rehabilitation, assessment or treatment
providing special equipment or modifying existing equipment to take account of the disability
providing additional supervision or support
making adjustments to premises.
Whether it is "reasonable" for an employer to make a particular adjustment will include an assessment of the following types of issue :-
how effective the adjustment might be in preventing the disadvantage
how practical the adjustment might be
the financial and other costs of the adjustment and the financial and other resources available to the employer
the size and type of business
the availability of financial or other help to make the adjustment e.g. grants may be available under the Access to Work scheme.
It is sensible for employers to keep a record of their consideration of reasonable adjustments to be able to respond to any allegation of discrimination under the DDA which might be made.
Talk about kick me when im down! Is this normal or have they just taken a massive disliking to me?? Probably I got this slipped disc through work so shouldnt they at least give me the chance to get better before they kick me out? I love my job and defo dont want to leave at 34. (Thanks if your still reading!) 
