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Disability Discrimination Act

The Disability Rights Commission estimate that disabled people have an annual spending power of around £50 billion therefore treating them fairly makes sense for your business or organisation.

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The Disability Discrimination Act makes it unlawful for businesses and organisations providing services to treat disabled people less favourably than other people for a reason related to their disability.

Part III of the Disability Discrimination Act 1995 placed key duties on those providing goods, facilities or services to the public and those selling, letting or managing premises. The Act made it unlawful for service providers, landlords and other persons to discriminate against disabled people in certain circumstances.

The duties on service providers were introduced in three stages:

  • since 2 December 1996 it has been unlawful for service providers to treat disabled people less favourably for a reason related to their disability;

  • since 1 October 1999 service providers have had to make “reasonable adjustments” for disabled people, such as providing extra help or making changes to the way they provide their services; and

  • since 1 October 2004 service providers have to make other “reasonable adjustments” in relation to the physical features of their premises to overcome physical barriers to access.

Where a service provider offers a service to the public they have a legal duty, referred to as the duty to make reasonable adjustments, and this comprises a series of duties falling into three main areas:

1. Changing practices, policies and procedures.

2. Providing auxiliary aids and services.*

3. Overcoming a physical feature by:
    a. removing the feature
    b. altering it
    c. avoiding it
    d. providing services by alternative methods.

*Auxiliary aids or services
Where an auxiliary aid or service (such as information in alternative formats) would enable or make it easier for disabled people to use a service, service providers should take reasonable steps to supply such aids or services. For example, if a visually impaired person has a bank account, and statements are sent to them in standard print this would make it impossible or at the very least unreasonably difficult for them to access that service and the bank should provide statements in a format that they can access, which might be large print or Braille depending upon the individual's need.

If you have any questions on any of the above we would be happy to discuss them with you or you may find some of the following links useful.

www.disability.gov.uk
www.drc-gb.org
www.employers-forum.co.uk

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