The Disability Discrimination Act

What You Need to Know

A Guide for Small to Medium Businesses

Section 2 - Employment (DDA Part II)

• What is discrimination in Employment?
• Reasonable Adjustments in Employment
• When does the duty to make 'reasonable adjustments' arise?
• What is a 'reasonable adjustment'?
• Practical tips on making cost effective 'reasonable adjustments' for employees

What is discrimination in Employment

It is unlawful for an employer to discriminate against disabled job applicants for any reason related to their impairment

• in recruitment and selection arrangements
• in the terms on which employment is offered
• by refusing to offer, or deliberately not offering, the disabled person employment (assuming they are the best candidate)

It is unlawful for an employer to discriminate against disabled employees for any reason related to their impairment

• in the terms of employment offered to an employee
• in opportunities for promotion, transfer, training or receiving any other benefit
• by refusing to offer the disabled person any such opportunity
• by dismissing the disabled person or subjecting them to "any other detriment"

Discrimination is:

Less favourable treatment

• if, for a reason related to that person's impairment, the employer treats the disabled person less favourably than they would treat others, and
• the employer cannot show that this treatment is justified

Failure to make a reasonable adjustment is less favourable treatment

• when an employer fails to comply with a duty of "reasonable adjustment", and
• the employer cannot show this failure is justified

When does this duty to make adjustments arise?

• When the employer is aware (or could be reasonably expected to be aware) that the employee or job applicant is a disabled person
• When the disabled person is caused "substantial disadvantage" compared to non-disabled people by work "arrangements" or "physical features" of the workplace

What is a "reasonable adjustment"?

The Act gives examples that employers must consider:

• make adjustments to premises
• allocate some of the duties to another member of staff
• alter the disabled person's working hours
• allow absence for assessment/treatment/rehab
• acquire or modify equipment
• modify instructions or reference materials
• modify testing or assessment procedures

This is not an exhaustive list and other adjustments can be considered. Please refer to the DRC Codes of Practice (see contact details in Section 7), or your local business advisor.

What is "reasonable"?

Factors an employer can take into account when deciding if an adjustment is reasonable include the following:

• how much an alteration will improve the situation for an employee or job applicant
• how practicable the adjustment will be
• the cost of the adjustment, both financial and in terms of any disruption or effect on other staff
• financial or other help that may be available (e.g. 'Access To Work Scheme' through Jobcentre Plus).

Practical tips on making cost effective reasonable adjustments for employees