DDA - Section 1
The Disability Discrimination Act
What You Need to Know
A Guide for Small to Medium Businesses
Section 1 - What is the Disability Discrimination Act (DDA)?
- What does the Act do?
- Structure and Timeline of the Act
- The Role of the Disability Rights Commission
- How the Act defines disability
- Why should your business comply with the Act?
What does the Act do?
The DDA creates rights for any individual defined by the Act as a Disabled person, not to be discriminated against in:
- employment
- the provision of goods, facilities and services
- the selling or letting of land and property
- education
- transport
Structure of the Act: contents/timeline
- Part I (1996) Definition - Disability
- Part II (1996) Employment
- Part III (1999, 2004) Goods, Facilities, Services and Premises
- Part IV Education
- Part V Public transport
The Disability Rights Commission (DRC) is a body with similar powers and duties to the Commission for Racial Equality (CRE) and the Equal Opportunities Commission (EOC).
The DRC’s main functions are to:
- provide legal assistance for disabled people on DDA cases
- provide information for disabled people, employers, service providers
- draw up Codes of Practice relating to the DDA
- set up and monitor a conciliation service for Part III of the DDA
- investigate alleged breaches of the DDA
How the Act Defines Disability
The Act’s definition
For the purposes of the Act, a disabled person:
- "has a physical or mental impairment which has a substantial and long term adverse effect on [their] ability to carry out normal day-to-day activities" or
- has had such an impairment in the past.
The Definition Explained:
| Key Word | Refers to: |
|---|---|
| Physical/mental impairment | Sensory (hearing and eyesight) impairments as well as mobility; mental impairments and severe disfigurement |
| Substantial adverse effect | An impairment that is "more than minor or trivial". Progressive conditions only need cause 'some' effect |
| Long-term | Impairment must have lasted or be expected to last at least 12 months |
| Normal day to day activities | Impairment could adversely affect mobility, manual dexterity, speech, hearing, eyesight, ability to concentrate, learn or understand |
From December 2005, new rights extend to those people with HIV, Cancer and Multiple Sclerosis (MS) to be covered by the DDA effectively from the point of diagnosis.
Why should your business comply with the Act?
Legal Case
The DDA as an Act of Parliament requires accessibility to your business for employees and customers with a disability as a statutory right.
Therefore the DDA cannot be ignored
- The DDA is an Act of Parliament and as such cannot be ignored
- A commitment to DDA awareness, compliance and action is the best defence and investment you can make against possible legal action
Social Case
UK businesses will want to be regarded as an accessible equal opportunity employer or service provider.
Therefore, the DDA enhances the credibility of the business to both customer and employee
- Your business is seen to be an accessible equal opportunities employer
Business Case
UK businesses will regard the disabled community and the community which supports it as a revenue stream
There are approximately 8.7 million disabled people in Britain one in seven of the UK population, with a total annual income of over £50 billion
- People with disabilities have a spending power of over £50bn per year to spend with compliant businesses
- Businesses who ignore the DDA could lose out on a massive revenue opportunity