The Disability Discrimination Act

What You Need to Know

A Guide for Small to Medium Businesses

Section 6 - Frequently Asked Questions

We are moving to a new building and have been told that it complies with current Building Regulations. Should we have to make changes for disabled access?

If your building is less than ten years old and complies with Part M of Building Regulations, you should make reasonable provision for disabled people to gain access to and use the building.

However this is your responsibility to check this is so, please see Access Audit Service.

I organised an event at a local hotel. When I made the booking I was assured that the venue was accessible. However, during the event a visitor complained about the lack of seating arrangements in the exhibition hall. Was I responsible for thinking about this?

Whilst the hotel was responsible for providing services that your customers would have used, such as toilets or catering facilities and they may have been able to supply chairs if requested, you will have been responsible for ensuring that those facilities are provided for your customers.

You should not assume that someone else would take responsibility for your duties under the Act.

I run my service from a listed building. Am I exempt?

No. For service providers in listed buildings there is no block exemption. Many adjustments can be incorporated sympathetically.

The DRC can provide help and advice on these matters through their Helpline or you could get an access auditor to come in and give you an idea of the changes you could make. There is also guidance from English Heritage.

Press reports create the impression that businesses are under pressure to comply or they will face punitive fines, resulting from test cases brought by disability groups-is this right?

No. It is only those businesses that ignore advice, or legal notification to make changes, or choose to do nothing that will find themselves in breach of the law.

How effectively is the DDA enforced?

As with any other piece of legislation, it will build up over time. Each time a case is put before the court and a judgement is made, in which a 'binding principle' and 'precedent' are set, which can then be taken as a guide in subsequent cases or as a justification that discrimination has occurred.

In simple terms, as with other discrimination law, over time case law will build up making it less and less difficult for the courts to determine if discrimination has taken place, hence making the DDA easier to enforce.

(Please see also the 'enforcement' section 5 of this guide).

Are websites included under the DDA and why are they included?

Yes. Please refer to Appendix A for further FAQ's on websites and the Tameside MBC "Web Accessibility Code of Practice" with Guidelines and an Accessibility Checklist.

What help and support is available for employers who want to employ a disabled person?

A. There are various schemes that run in the Tameside area, such as 'Jobmatch', 'Headstart', 'Access to Work' and the 'Workstep' programme.

For further information please see Appendix B,