Disability Discrimination Act – small business exemption ends October 1

As originally implemented, the employment provisions of the Disability Discrimination Act did not apply to an employer who has less than 15 employees in total. On 1 October 2004 this exemption is abolished and all employers are subject to the DDA.

The effect of this will be very wide because at present about 90% of workplaces in the UK are not covered by the DDA.

After October 1 employers will have a legal duty to make adjustments. This means that an employer must take such steps as are reasonable to prevent any arrangements made by him, or on his behalf, or any physical features of his premises from placing a disabled applicant or employee at a substantial disadvantage compared with those who are not disabled.

Failure to make reasonable adjustments in relation to a disabled person is discrimination against that person and this applies to applicants for employment too.

Advertisements that exclude disabled people and a failure to consider the reasonable adjustments that have to be made to enable a disabled person to do a job will result in a potential case of discrimination.

Also on October 1st 2004 the DDA will be amended to widen the scope of direct discrimination and limit use of the existing “get out” clause that enables employers to justify some cases of direct discrimination against disabled people. A new provision makes it illegal to harass disabled people. The duty to make adjustments is extended further and discrimination and harassment after the employment relationship has ended are outlawed.