The Law

Part II of the Disability Discrimination Act 1995 deals with employment. An employer discriminates against a disabled person if:

a) For a reason related to the disabled person’s disability, the employer treats that person less favourably than they treat or would treat others to whom that reason does not or would not apply, and;

b) the employer cannot show that the less favourable treatment is justified.  

All aspects of employment are covered by the Act. It is unlawful to discriminate in:
- the terms and conditions of service;
- induction arrangements;
- opportunities for promotion, transfer, training or receiving any other benefit or refusal of such opportunities;
- occupational pensions;
- dismissal; or
- any other detriment, i.e. loss of wages, demotion.

Part III of the Disability Discrimination Act 1995 deals with access to goods and services. Service providers’ must not:

- Refuse service to disabled customers without justification. (A service provider may refuse service to any customer, but this must be justified and not for reasons related to a customer’s disability)
- Offer a lower standard of service to disabled customers without justification
- Provide disabled customers service on worse terms without justification.
- Fail to make adjustments to the way services are provided.

Service providers must:

• Take reasonable steps to change any policies, practices or procedures that make it impossible or unreasonably difficult for disabled people to use the services provided.
• Take reasonable steps to provide auxiliary aids or service that will enable disabled people to make use of a service or will facilitate their use of it.
• Where physical features of a building make it impossible, or reasonably difficult, for disabled people to use a service, service providers will have to take reasonable steps to provide the service by an alternative method.

The Special Educational Needs and Disability Act 2001 (SENDA) establishes legal rights for disabled students in pre- and post-16 education.

The Act introduces the right for disabled students not to be discriminated against in education, training and any services provided wholly or mainly for students, and for those enrolled on courses provided by 'responsible bodies', including further and higher education institutions and sixth form colleges.

The Act covers a wide range of educational and non-educational services, such as field trips, examinations and assessments, short courses, arrangements for work placements and libraries and learning resources.

It is unlawful for responsible bodies to treat a disabled person 'less favourably' that a non-disabled person for a reason that relates to the person's disability.

If a disabled person is at a 'substantial disadvantage', responsible bodies are required to take reasonable steps to prevent that disadvantage.

This might include:
• changes to policies and practices
• changes to course requirements or work placements
• changes to the physical features of a building
• the provision of interpreters or other support workers
• the delivery of courses in alternative ways
• the provision of material in other formats

The Disability Discrimination Act 2005 in addition to a new positive duty on public bodies extends the definition of disability to provide protection for more people diagnosed with the progressive conditions of HIV, MS and cancer.

Remove the requirement that mental illnesses must be "clinically well-recognised".

It extends part 2 to cover local Councillors and part 3 to cover all functions of a public authority, landlords and managers of rented premises, general qualification awarding bodies and private members clubs with 25 or more members.

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