The Disability Discrimination Act 1995

Table of Contents

Introduction3

Scope of the Term "Disability"3

Employment Provisions of Discrimination Legislation in the UK4

Reason for Discrimination4

The Reiteration of Short Absences from Work5

Progressive and Recurring Medical Process6

Possible Actions for the Disabled7

Determination of the Cause of Dismissal7

Implications for Employers8

Implementation of the Act9

Case Studies10

Farnham College Corporation Versus Walters10

SCA Packaging Ltd. Versus House of Lords10

Strengths11

Consultation and Counselling12

Disciplinary Proceedings12

Alternative Employment12

Compensation13

Weaknesses13

Conclusion14



The Disability Discrimination Act 1995

Introduction

The Disability Discrimination Act 1995 (DDA) was implemented on 2nd December 1996. The Act introduces laws and measures for the purpose of minimizing the discrimination against disabled people. This Act applies to organisations of all sizes, except for the provisions on employment. The Act applies to individuals with learning disabilities, mental illness, hearing and visual impairments as well as people with physical disabilities. It gives them legal rights in the areas of employment, in receiving goods and services, and in buying or renting land and property. According to the DDA, a disabled person is anyone with a physical or mental impairment which has a negative impact on his ability to carry out routine activities. This assignment presents the scope, definition of disability and the general measures of Disability Discrimination Act of 1995. Moreover, it explains the strengths and weaknesses of the act along with its impact and implication on the employers.

Scope of the Term "Disability"

The Disability Discrimination Act 1995 states that a person is affected by a disability, or may be classified as disables, when he or she has a physical or mental impairment that is the source of a substantial and adverse, long term illness or disease. Moreover, the ailment has affected the ability of the individual to perform everyday activities. This definition can be broken down into the following sections:

The person in question must have a physical or mental impairment.

This deterioration has to cause an adverse effect on the performance of normal routine activities

This adverse effect has to be substantial and long duration.

It is considered a long-term damage if it has lasted or likely to last for at least 12 months, stated in the additional provisions of the Act. According to paragraph 4 of the additional provision 1, it is estimated that the physical or mental impact on the implementation of activities, such as mobility, manual agility, physical coordination, continence, ability to lift or move objects of daily usage, slurred speech, difficulty in hearing or seeing, as well as the ability to remember or concentrate, learn, understand and recognise the existence of danger or any other physical risk.

Employment Provisions of Discrimination Legislation in the UK

Numerous measures were taken, and legislations were stated under the Disability Discrimination Act of 1995. The National Disability Council and The Northern Ireland Disability Council were set up to advice the Government on discrimination against disabled people.

Reason for Discrimination

Under the DDA 1995, it is illegitimate to show favouritism against a disabled person unless it can be justified. Discrimination can be justified if the unfavourable treatment is both “material to the circumstances” that is relevant and substantial.

In other words, The Law of Disability ...