Accessibility Information
What is the definition of
disability?
The Disability Discrimination Act says a disabled person is someone with
‘a physical or mental impairment which has a substantial and long-term
adverse effect on his ability to carry out normal day-to-day
activities’.
Examples include cancer, diabetes, multiple sclerosis and heart
conditions; hearing or sight impairments, or a significant mobility
difficulty; and mental health conditions or learning difficulties.
People in these circumstances and some others (such as people with a
facial disfigurement) are likely to have rights under the Disability
Discrimination Act (DDA) to protect them from discrimination.
However, only the courts can say if a particular individual is defined
as disabled under the legislation.
This section contains information about your rights in education,
employment, access to services and what the law says.
●Words
used to define disability
●The
law about disability discrimination
●Disability in
employment
●Disability in
education
●Access to
services
●Making
reasonable adjustments
●Recruitment
& selection
Words used to define disability
A physical or mental impairment
A physical impairment is a condition affecting the body, perhaps through
sight or hearing loss, a mobility difficulty or a health condition.
A mental impairment is a condition affecting ‘mental functioning’, for
example a learning disability or mental health condition such as manic
depression.
Substantial
‘Substantial’ means more than ‘minor’ or ‘trivial’. The
following can help you to decide if your disability or health condition
is substantial.
When carrying out day-to-day tasks, does your condition make them more
difficult in terms of:
●the time taken to carry out an activity,
compared with someone who does not have your impairment;
●the way in which an activity is carried
out, compared with how you might be expected to carry out the activity
if you did not have the impairment; or
●the overall cumulative effect if the
effects of more than one activity are taken together?
If changing your behaviour reduces the adverse (or negative) effects of
your impairment on day-to-day activity, then you may not be covered by
the DDA. However, you do not have to go to great lengths to change your
behaviour. For example, a person with a stutter does not have to avoid
going to places where they might meet people. This change could itself
have an adverse effect on your day-to-day activities.
If the success of any coping strategies you use to reduce the adverse
effect of your impairment is lessened by ‘environmental factors’ (such
as extreme heat, humidity, how tired you are or how stressed you are),
then this should be taken into account.
The effects of treatment
In most cases, the treatment or equipment that you may use for your
disability or health condition should not be considered in deciding
whether you are ‘disabled’ in terms of the law. Even if the impairment
is not obvious, but without treatment would create substantial adverse
effects, then it would still satisfy this part of the definition. In
most cases, the law applies to you if your condition would have a big
effect on you, were it not for medication or treatment.
So, for example, a person who takes medication for epilepsy which
controls the condition well should consider the effect on day-to-day
living if they did not take the medication. If epilepsy would have a
‘substantial’ effect on them without medication, then this part of the
definition would be satisfied.
The only exception is glasses or contact lenses: those people whose
impairment is corrected by glasses or lenses are not covered.
However, if you are certified as blind or partially sighted by a
consultant ophthalmologist, or registered as blind or partially sighted
with a local authority, you will be automatically considered as
‘disabled’. You do not have to show that your condition satisfies the
definition set out in the DDA.
If you have cancer, HIV or multiple sclerosis, you will automatically be
considered as ‘disabled’ under the DDA. Read more about this in Rights
for people with MS, cancer or HIV.
People who have other progressive illnesses, such as rheumatoid
arthritis, are subject to special provisions in the DDA. A progressive
condition is regarded as having a substantial adverse effect from the
moment any impairment resulting from that condition has some effect on
your ability to carry out normal day-to-day activities.
Severe disfigurements are regarded as having a substantial adverse
effect on your ability to carry out normal day-to-day activities, and
you do not have to demonstrate or prove this. The degree and positioning
of the disfigurement may need to be taken into account, not the effect
on day-to-day activities.
Long-term
Long-term means that an effect of the impairment has lasted, or is
likely to last, 12 months or more from the onset, or for the rest of
your life.
The effects of some conditions come and go. However, if the adverse
effects are more likely than not to happen again, then the effect is
treated as continuing.
Normal day-to-day activities
These are defined as involving any of the following:
●mobility;
●doing something with your hands;
●physical coordination;
●continence (controlling your bladder and
bowels);
●ability to lift, carry or move everyday
objects;
●speech, hearing or eyesight;
●memory or ability to concentrate, learn or
understand; or
●perception of the risk of physical danger.
Sometimes it is clear that if you have difficulty with one of the above,
it will affect your ability to carry out many day-to-day activities.
However, these individual areas deserve some further attention, in order
to clarify whether a condition is likely to meet the definition of
disability under the DDA.
Please note, the information below can only identify whether it is
likely that you may be defined as disabled under the DDA: only the
courts can categorically decide whether you are covered.
Mobility
This includes moving or changing position because a physical or mental
condition stops you getting around unaided, using public transport,
walking, sitting, standing, bending, reaching or getting around in an
unfamiliar place. This could be because of a physical condition, such as
chronic heart disease; a mental health condition, such as severe
anxiety; or a sight impairment.
For example, if you have difficulty in:
●travelling a short distance in a car as a
passenger
●using one or more forms of public transport
●walking other than at a slow pace or with
jerky movements
●going up or down steps or steep hills
●going out of doors by yourself
then it is likely you have a condition which has a substantial adverse
effect on your mobility.
However, if you experience some discomfort only after you have walked
for about one-and-a-half kilometres or a mile, or have travelled as a
passenger in a car for more than about two hours, and there are no other
effects of your impairment, it is unlikely that this would be regarded
as having a substantial adverse effect.
Manual dexterity
Loss of function in one or both hands (especially if it is the hand you
use the most) or inability to manipulate small objects is regarded as a
substantial adverse effect. But the level of loss of function must be
considered.
If you cannot use a knife and fork at the same time, press keys on a
keyboard at the same speed as someone who does not have an impairment or
co-ordinate the use of both hands together, then your impairment is
likely to have a substantial adverse effect.
However, if the adverse effect is, for example, that you cannot thread a
needle or that you cannot type at speeds standardised for secretarial
work, it is unlikely that you would be considered to have a substantial
adverse effect.
Physical coordination
This is the control you have over your body and includes hand–eye
coordination. You should consider whether carrying out more than one
activity at the same time is challenging. For example, is it difficult
to walk and use your hands at the same time?
Examples of having a substantial adverse effect include finding it
difficult to pour liquid from one container to another or to put food in
your mouth without unusual concentration or assistance.
However, if you are simply a bit clumsy or can’t catch a ball, and this
is the only effect of your impairment, it is unlikely that this would be
considered as having a substantial adverse effect.
Continence
This covers the ability to control the release of urine or faeces. The
frequency and extent of loss of control is considered.
If you have infrequent loss of bowel control which is entirely
unpredictable and leads to immediate major soiling, then this may
reasonably be considered a substantial adverse effect, as would loss of
bladder control while asleep at least once a month, and frequent minor
loss of bladder or bowel control, particularly if it is unpredictable.
However, infrequent loss of bladder control while asleep or infrequent
minor leakage from the bladder is not considered a substantial adverse
effect.
Ability to lift, carry or otherwise move everyday objects
What is important is whether you are able to lift, carry or move
everyday objects over a reasonable period of time, or repeat these
activities. Everyday objects include bags of shopping; briefcases;
overnight bags; chairs or other light piece of furniture; kettles; or
books.
Having a substantial adverse effect might mean being unable to carry
objects that were not very heavy with one hand or having difficulty
carrying a loaded tray steadily.
If you are unable to carry heavy luggage without help or move heavy
objects without an aid such as a trolley, it is unlikely that this will
be considered a substantial adverse effect.
Speech, hearing and eyesight
This includes the ability to speak, hear or see and communication,
either face-to-face, on the telephone or in writing.
Speech
When considering substantial adverse effects, the ability of a person to
speak clearly at a normal pace and rhythm and to understand someone else
speaking normally in their own language must be considered.
If you can’t give clear basic verbal instructions or ask questions to
clarify instructions, or it takes you a lot longer to speak than someone
without a speech impairment, then it is likely that this will be
considered a substantial adverse effect.
However, if you have a minor speech impediment, stutter or lisp, or are
unable to speak in front of an audience because of nervousness, it is
unlikely this will be considered a substantial adverse effect. If you
have difficulty talking in a language that is not your native language,
it does not qualify as a substantial adverse effect.
Hearing
If you use a device such as a hearing aid, you should consider what your
hearing is like without the device and how that would affect you,
particularly where the level of background noise is within the range at
which most people would be able to hear adequately.
If you have difficulty hearing someone talking at a level normal for
everyday conversations or understanding a person speaking clearly on a
voice telephone, it is likely that this will be considered a substantial
adverse effect.
However, inability to hold a conversation in a very noisy place such as
a factory floor or busy building site is unlikely to amount to a
substantial adverse effect.
Eyesight
You need to think about what your vision is like while wearing any
glasses or contact lenses which could be used to correct your sight.
This is unusual for the DDA, because a ‘substantial adverse effect’ is
always considered without aids and corrections apart from in relation to
sight.
It is likely that a condition will be considered as having a substantial
adverse effect on you if, even with sight corrected by glasses or
contact lenses, you cannot pass the eyesight test on a standard driving
test; have difficulty recognising by sight a known person across a
moderately-sized room; are completely unable to distinguish any colours;
have difficulty reading ordinary newsprint; or have difficulty walking
safely without bumping into things.
If you can’t read very small print without a magnifying glass, recognise
someone you know across a playing field or tell red from green, it is
not reasonable to consider your condition as having a substantial
adverse effect on you.
Memory or ability to concentrate, learn or understand
You need to consider your ability to remember, organise thoughts, plan a
course of action and carry it out, take in new knowledge, understand
spoken or written instructions, as well as the speed at which you are
able to learn. You should also think about your ability to read and use
numbers.
Examples of a substantial adverse effect include:
●random loss of consciousness and confused
behaviour
●persistent difficulty remembering the names
of family or friends
●difficulty coping with minor changes in
routine after a reasonable time
●not being able to write a cheque without
help
●big problems following a short sequence
such as a cooking recipe or a brief list of things to do in the house
●difficulty taking part in normal social
interaction.
It is not reasonable to say there is a substantial adverse effect if
you:
●sometimes forget the name of a familiar
person
●are not able to concentrate on a task for
several hours or not able to fill in a long, detailed, technical
document without help
●are not able to read faster than normal
speed
●have minor problems with writing or
spelling.
Perception of the risk of physical danger
This includes underestimating and overestimating physical danger,
including danger to your wellbeing. You need to consider whether you
often do not carry out basic functions such as eating, drinking,
sleeping, keeping warm or personal hygiene; are often reckless, putting
yourself or others at risk; or you take excessive steps to avoid normal
activities without good cause because of fear or anxiety.
It is likely that there is a substantial adverse effect if you have
difficulty working a piece of equipment safely; persistent difficulty
crossing the road safely; if you do not eat when you need to; or if you
can’t tell whether an object is very hot or cold by touch.
It is not likely that there is a substantial adverse effect if you have
a fear of real heights or you underestimate the risks involved in
dangerous sports, such as mountain climbing.
The law about
disability discrimination
If you are disabled, or have had a disability, the Disability
Discrimination Act (DDA) makes it unlawful for you to be discriminated
against in:
●employment
●trade organisations and qualifications
bodies
●access to goods, facilities and services
●the management, buying or renting of land
or property
●education.
There are also DDA regulations dealing with buses, coaches and trains,
which set out access standards for those vehicles to help people with
mobility or sensory impairments, and learning disabilities.
The DDA was passed in 1995 to introduce new measures aimed at ending the
discrimination which many disabled people face in their everyday lives. The
DDA 2005 made important changes to the scope of the original legislation,
including creating a legal duty for public authorities to actively promote
disability equality. For more information about the duty read the
Disability Equality Duty.
Together, the legislation provides disabled people with rights and it
places duties on those who provide services, education and employment.
It also encourages employers and employees to work together to break
away from rigid employment practices, identify what adjustments and
support might be needed, and find flexible ways of working that may
benefit the whole workforce.
The DDA defines discrimination in a number of ways and outlines four
specific types of discrimination: direct discrimination, failure to make
reasonable adjustments, disability-related discrimination and
victimisation.
What the law says
Your right not to be discriminated against on the grounds of disability
is protected by:
●The Disability Discrimination Act
●The Human Rights Act
Disability Discrimination Act
The Disability Discrimination Act (DDA) 1995 aims to end the
discrimination that many disabled people face. This Act has been
significantly extended, including by the Disability Discrimination Act
2005. It now gives disabled people rights in the areas of:
●employment
●education
●access to goods, facilities and services
●buying or renting land or property,
including making it easier for disabled people to rent property and for
tenants to make disability-related adaptations
The Act now requires public bodies to promote equality of opportunity
for disabled people. It also allows the government to set minimum
standards so that disabled people can use public transport easily.
Human Rights Act
The Human Rights Act brings into UK law the rights you have
under the European Convention on Human Rights. If you experience
discrimination on the grounds of disability, you may have a case under
both the Human Rights Act and the Disability Discrimination Act.
Example
In a court hearing, where necessary information about the case has not
been made accessible, you could bring a claim under the DDA for failing
to provide accessible information – and also under the Human Rights Act,
for failing to allow you to have a fair hearing.
Types of disability discrimination
Direct discrimination
This occurs when:
●a disabled person is treated less
favourably than someone else, who has similar circumstances and
abilities
●the treatment is for a reason relating to
the person's disability.
Example
A blind woman is not short-listed for a job involving
computers because the employer wrongly assumes that blind people can not
use them. The employer makes no attempt to look at the individuals
circumstances. The employer has treated the woman less favourably than
the other people by not short-listing her for the job. The treatment was
on the ground of the woman's disability (because such assumptions would
not have been made about a non-disabled person) and is likely to be
direct discrimination.
If another person, without the particular disability, would have been
treated the same way as the person with the disability, then direct
discrimination is unlikely to have occurred.
There is no justification for direct discrimination.
Failure to make reasonable adjustments
An employer, education provider or service provider has a duty to make
reasonable adjustments where a provision, criterion or practice, or any
physical feature of premises occupied by them, places a disabled person
at a substantial disadvantage compared with people who are not disabled.
They must take reasonable steps to prevent that disadvantage. It isn’t
possible for them to justify not making adjustments that are reasonable.
Disability-related discrimination
This form of discrimination refers to treatment of a disabled person
that:
●is unlawful because it is for a reason
related to a disability;
●is less favourable than the way in which
others, to whom that reason doesn’t apply, are treated
●the employer cannot show that the treatment
is justified.
Victimisation
Victimisation is outlawed by the DDA. It says that a person should not
be treated less favourably because they have done, or are likely to do,
one of the following:
●brought legal action under the DDA (eg at
an employment tribunal, or other body), or given evidence in such an
action
●done anything else relating to such an
action, such as supporting the person taking the action
●alleged that someone has breached the DDA.
Even if someone drops a case, no one can be given lesser treatment as a
result.
If a person has made a false allegation knowing it to be untrue, then it
is not illegal to treat them less favourably.
It is only in relation to victimisation that someone who is not disabled
is covered by the DDA – for example if they give evidence at a hearing,
or if they support someone in taking an action.
Disability
in employment
The Disability Discrimination Act (DDA) says that it is unlawful for an
employer to discriminate against you if you are disabled:
●in the terms of employment offered;
●in the opportunities for promotion,
transfer, training or receiving any other benefit;
●by refusing to offer you, or deliberately
not offering, any such opportunity; or
●by dismissing you, or subjecting you to any
other negative treatment.
Disability in education
If you are a disabled pupil or student at school or in higher or further
education, or if you are a prospective pupil or student and think you
have been discriminated against, you may be able to challenge this under
the Disability Discrimination Act (DDA).
It is unlawful for education providers to treat you less favourably for
a reason related to your disability or to fail to make reasonable
adjustments to prevent you being placed at a substantial disadvantage.
It is against the law for education providers to discriminate against
you in the following areas:
●admissions (including placing requests)
●the curriculum, teaching and learning and
other services which are provided wholly or mainly for students –
including school trips and outings, school sports, leisure facilities
and school meals, libraries and learning centres, work experience and
student accommodation
●by excluding you from an education
institution or course.
The duty on Post-16 education providers to make reasonable adjustments
includes the provision of auxiliary aids and services, and removing or
altering physical features.
Access to
services
The Disability Discrimination Act (DDA) gives you rights in the way you
use services or receive goods.
It is unlawful for service providers to treat you less favourably
because of your disability, and they must make ‘reasonable adjustments’
for you, such as giving you extra help or changing the way they provide
their services. Following changes to the law in 2004, service providers
must consider making changes to physical features of their premises so
that there are no physical barriers which prevent you from using their
services, or make it unreasonably difficult for you to do so.
It doesn’t matter whether or not you pay for the service; it’s providing
the service that matters. Services include going to a restaurant,
shopping for clothes or food, using the local library, going to church
or visiting your solicitor or doctor.
A service doesn’t have to be impossible to use before a service provider
has to make changes. They also have to make changes when it’s
unreasonably difficult. They should think about whether any
inconvenience, effort, discomfort or loss of dignity you experience in
using the service would be considered unreasonable by other people, if
they had to endure similar difficulties.
What are goods and services?
Most services are covered by the DDA. Anyone who provides a service to
the public or a section of the public is a service provider. There are a
few exceptions: private clubs that have a meaningful selection process
for members; transport (but only the transport vehicle, not everything
else connected with it such as stations, airports and booking
facilities); and education.
Accommodation
Most providers of accommodation are service providers, including:
●private landlords
●housing associations
●estate agents and managing agents
●local authorities providing housing
This means they must make reasonable adjustments if you find a service
unreasonably difficult to use.
Not all manufactured goods are covered. The maker of a bathroom suite
does not have to make the bath accessible for you, but the shop selling
it has to make sure that it is not unreasonably difficult for you to use
its services.
Making reasonable
adjustments to services
There isn’t a clear answer that can be given to the question
‘what is reasonable’? The law uses this phrase to allow different
solutions in different situations, and it is ultimately up the courts to
decide in each situation. However, what is reasonable may vary according
to the type of service and the nature of the service provider, its size
and resources.
Some of the factors that service providers might have to take into
account when considering adjustments may include:
whether taking particular steps would overcome the difficulty that you
face in accessing their service:
●how practicable it is to take these steps
●the financial and other costs involved
●how disruptive it would be
●how much money and other resources they
have available
●how much they have already spent
●what financial help is available to them.
If a service provider does nothing until you are unable to use their
services, they could well be in breach of the law.
Is it all right for service providers to wait until I cannot use
their services before making changes?
No. Their duties are anticipatory and continuing. In other words,
service providers should be thinking ahead and continually looking at
the way they provide services, the physical features of their premises
and services, and how they can make improvements for disabled people.
Can service providers just make changes for people with
particular disabilities?
No. Service providers should consider the full range of access needs of
disabled people and the ways in which their services may be difficult to
use.
How should a service provider deal with a physical feature that
is making it difficult for me to use a service?
Once a service provider has identified the physical features that may
make it difficult for you to use their service, then the law gives them
a choice. They can remove that feature, alter it, find a way of avoiding
it or provide the service another way.
We recommend that service providers first consider removing the physical
feature or altering it. This is often the safest option because it is
more likely to make the service accessible, meaning that you receive the
services in the same way as other customers. This is called an
‘inclusive’ approach.
Where a service provider does decide to avoid a feature or provide the
service another way, then the service must not be unreasonably difficult
for you to use.
If you are finding it unreasonably difficult to use a service, see our
advice section for end-users and for advisers: Using your rights.
At work - making reasonable adjustments
Whether you become disabled or develop a health condition while at work,
had a disability or health condition to start with, or find your health
or disability changes, it is important to know about what can make a
difference to keep your job, gain promotion or help you to take on a new
role.
If you don’t already have ‘reasonable adjustments’ at work, you may need
changes to the support you get to help you do your job well, to gain new
skills or if you get a new job. Sometimes you don’t need any particular
changes to begin with but that can change if:
●your job changes
●your tasks change
●your health or disability needs change
●new technology or equipment could be of
benefit to you
●your employer moves location
●you change the space you work in
●new systems, policies, or procedures are
brought in.
When to ask your employer for support
It is important to begin the process of getting help as soon as possible
to prevent your performance from being affected or your condition from
being made worse because you do not have the appropriate support
available for your disability/health issue.
Your employer has a legal responsibility to help you but they can’t help
unless they know there is an issue. You can talk to your line manager or
to someone in your occupational health team, or human resources or
employee welfare department. You can also discuss it at your appraisal
or during a health and safety review.
How to identify a reasonable adjustment
Finding a ‘reasonable adjustment’ can be a creative process as there is
no ‘one solution fits all’ method to use. You may be the best expert
when it comes to your particular condition (unless you have recently
acquired it) so, combined with your employer’s knowledge of the role and
perhaps some expert advice, a very simple yet creative solution can
often be found.
When talking to your employer, it may help if you have thought about
possible solutions as well as problems.
You need to identify what is causing the difficulty for you.
●Is it your physical surroundings, your
chair, the lighting?
●Is it your ability to do a part of your job
because of your impairment?
●Is it having to move equipment?
●Is it taking part in training/meetings,
perhaps because of communication issues?
●Do you have too much to do and if so, is it
causing you stress and anxiety?
Sometimes solutions are easy, and sometimes they are more complex.
Occasionally, there may be no solution, but this is rare and in such
circumstances, redeployment (taking up a different role) may be an
option.
What is the duty to make reasonable adjustments?
The duty to make reasonable adjustments is a legal responsibility under
the DDA. It applies to people such as employers, service providers and
education providers and is intended to make sure that disabled people do
not face substantial difficulties in employment, education or when using
services. Failure to make reasonable adjustments can be a form of
discrimination and is unlawful.
The DDA defines a reasonable adjustment as a reasonable step taken to
prevent a disabled person suffering a substantial disadvantage compared
with people who are not disabled. In the case of employers, for example,
the duty applies to any disadvantage caused by a provision, criterion or
practice applied by, or on behalf of, the employer, or any physical
feature of premises occupied by the employer.
A ‘substantial disadvantage’ is one that is not ‘minor’ or ‘trivial’.
The term ‘provision, criterion and practice’ covers an employer’s
policies on offering work, terms and conditions, managing and dismissing
staff, and the way in which these are carried out.
What is an adjustment?
An adjustment, in the context of the DDA, is a change. This can be a
physical change or a change in the way something is done.
We all like to do things in different ways, and these likes and dislikes
will be based upon a whole range of factors. For example, if five people
went out to buy a kettle for their kitchen, it’s likely they would
return with five different kettles.
A person’s choice is determined by their needs and desires, and their
particular circumstances. An older person with arthritis who lives on
their own may buy a very different kettle from someone who lives in a
large household with three young children. In a sense, we all make
‘adjustments’ in response to our individual needs when we make a choice.
Choice determines what we do and how we do it. If we have an impairment,
we may choose to do things in a different way to reduce the effect of
that impairment.
Example
Frieda is a 47-year-old woman with arthritis developing in her hands.
She works as a receptionist in a doctor’s surgery. When the condition
started five years ago, she found writing with a standard pen
increasingly painful. Her manager ordered ‘sticky’ pens with a larger
barrel, which Frieda found helpful. As her condition progressed, the
manager changed the phone for a model without ‘fiddly buttons’. Later
the manager also changed the way in which the work was allocated, so
that a reception assistant took out all the patients’ files at the
beginning of the sessions and re-filed them at the end because Frieda
was no longer able to do this.
These adjustments meant that Frieda was able to continue to be an
effective part of the team and that she was able to keep the job she had
done admirably for 15 years. Frieda is clear that she does not want the
arthritis to stop her ‘doing anything she wants to do’, but she is also
clear that she does not want it to have a negative impact on anyone
else. She says that she will leave her job rather than having her
colleagues ‘carrying her’, and feels that the changes that have been
made have ensured that this does not happen.
What does ‘reasonable’ mean?
The DDA does not define ‘reasonable’, or give a complete list of what
reasonable adjustments may be. Ultimately it is up to the courts to
decide. This is because an adjustment is related to a particular
individual, their experience of their impairment and the situation they
are in. However, it does set out four tests of reasonableness.
1. The effectiveness in preventing disadvantage
How much will a reasonable adjustment reduce the disadvantage? The more
effective an adjustment is in reducing disadvantage, the more reasonable
it is likely to be.
Example
Maria has restricted vision and works as a receptionist in
a social services department. Every month she attends a departmental
meeting in a room away from her workstation. The minutes of the meeting
are usually printed in 12-point type, which Maria cannot read without
her desktop magnification aids. The secretary prints out the minutes for
Maria in 36-point type, which she is able to read in the meeting room
with just her glasses. This simple adjustment is very effective in
preventing the disadvantage that would otherwise occur.
2. The practicality of the step
It is more likely that an employer will be expected to take a step that
is easy than to take a step that is hard.
If disadvantage can easily be removed by changing the way things are
done, or the equipment that is used, then the adjustment is likely to be
considered reasonable.
Example
Claire has a learning disability and is unable to read.
She works as a cleaner in a residential home for older people. During
her induction training, it became clear that she found it hard to tell
which cleaning material was which. Her supervisor created a system of
marking the bottles of cleaning fluid with different colours and buying
cleaning cloths in the same colours.
Claire knew to use the bottle with the yellow spot and yellow cloth to
clean the toilet, the bottle with the pink spot and the pink cloth for
the furniture, and so on. This was a very effective method for Claire
and an easy step for the employer to take. Claire’s confidence has grown
as she is valued at work for the first time. She discusses anything she
finds unclear and does not have to ‘hide the problems’ as she did in her
previous employment for fear of being told off or laughed at.
3. The financial and other costs and the extent of any
disruption caused
When trying to decide whether an adjustment would be reasonable, the
cost of the adjustment and any disruption it might cause should also be
considered.
Cost is not just about the price of making physical adaptations, for
example, but also in terms of:
●how experienced and skilled the employee
concerned is;
●the cost of replacing that employee;
●how long the employee has been with the
company (it is more likely to be reasonable to make an expensive
adjustment for a permanent member of staff than a temp); and
●whether the adjustment may be of benefit to
other employees (disabled and non-disabled).
Example
William is a highly skilled draftsman who designs public areas in new
office buildings. He had been working for his company for 10 years when
he had a climbing accident which left him severely disabled, and unable
to work for 18 months.
When he returned to work, it was on a part-time basis. With the support
of the Access to Work team and a Workstep provider, his company
identified alternative ways for William to do his job and provided
enhanced computer hardware and software, training and travel to work
support. The total cost of the package was over £20,000, most of which
was paid for by the Access to Work Team.
As a result of the experience, the company used its knowledge of access
for disabled people in its new designs, thus giving them an advantage
over their competitors.
4. The extent of an organisation’s financial and other resources
An organisation with lots of money would be more likely to have
to make a reasonable adjustment than one with fewer resources.
However, financial help from government schemes, such as Access to Work,
is available to help in providing reasonable adjustments for employees.
These funds must be taken into account when deciding how ‘financially
reasonable’ an adjustment is.
The full financial resources of an organisation must be taken into
consideration, not simply those of a particular site where an employee
or service is based. For example, a large retail chain would have to
think about its overall finances, not just those of one shop.
Other areas to consider when deciding what is reasonable
Although the DDA does not specifically mention any further factors,
others may be relevant depending on the circumstances.
●The effects on other employees: if a
reasonable adjustment may affect other employees, their needs may need
to be considered. For example, if you use software which speaks, it may
be necessary for you to wear headphones to avoid disrupting other
members of staff.
●Adjustments made for other disabled people:
if there are a number of disabled staff who find some aspect of the
working environment difficult, then there is a greater need for an
employer to make a significant change.
●The extent to which you are willing to
cooperate: if a service provider offers a fair reasonable adjustment to
reduce
●the adverse effect on you, but you do not
like the adjustment, the service provider need do no more (if the
adjustment is not fair, then this does not apply).
Most adjustments for disabled people cost nothing. For those that do,
help is often available at work through Access to Work and in education
via your local education authority or further/higher education funding
organisations.
It costs nothing to treat someone fairly and with dignity; it rarely
inconveniences others; and changes made for disabled people often make
things better for other employees, students or service users.
What is a ‘physical feature’?
Physical features are defined as any of the following:
●design or building features;
●features on the way into or out of a
building;
●any fixtures, fittings, furnishings,
furniture, equipment or materials in or on the premises; or
●any other element of the land that the
premises occupy.
They can be permanent or temporary. Examples include steps, stairways,
kerbs, exterior surfaces and paving, seating in outdoor areas, parking
areas, stiles and paths in country parks, building entrances and exits
(including emergency escape routes), internal and external doors, gates,
toilet and washing facilities, lighting and ventilation, lifts and
escalators, floor coverings, signs, furniture, and movable items. This
is not an exhaustive list.
Employers, education providers and service providers must consider
making a reasonable adjustment to their premises if any of these parts
of it are causing a substantial disadvantage to a disabled person.
Planning permission, or permission from the landlord, may be needed
before some changes can be made.
Recruitment and promotion
The DDA states that it is unlawful for an employer to discriminate
against a disabled person during recruitment:
●in the arrangements made for working out
who should be given a job;
●in the terms on which the disabled person
is offered a job; or
●by not offering a disabled person a job.
An employer does not need to predict applications from disabled people,
but once they know an applicant is disabled and may be at a real
disadvantage during the recruitment process (for example, because of the
premises, application process or tests used), then they should make
‘reasonable adjustments’.
All employers, whatever their size or type, apart from the armed forces,
are subject to the requirements of the DDA.
Recruitment agencies are considered ‘agents of the employer’ and are
bound by codes of practice and regulation and have duties under the DDA
as well as guidelines set by regulatory bodies.
The DDA does not stop an employer from getting the best person for the
job. If a disabled person applies for a job and they are not the best
person for the job, then the employer does not have to appoint them.
However, if the way in which the employer has chosen the best person for
the job discriminates against the disabled person, or if their way of
getting someone does not make reasonable adjustments for a disabled
person to allow them to show they are right for the job, then the
employer may have treated the person less favourably, and may be liable
to legal action.
The DDA does not stop employers from treating disabled people more
favourably than those who are not disabled.
Job adverts
Advertising is one way in which employers attract applicants. All job
adverts must comply with the DDA. Recruitment agencies and publishers
(as an ‘employer’s agent’) would also be in breach of the DDA if an
advert they produced or published was discriminatory.
Some adverts say that they ‘welcome applications from disabled people’
or from other specific sectors of society, which suggests that they have
thought about their processes and are likely to have policies in place
to support all members of staff.
Examples of possible discrimination in job adverts include:
• ‘lively and energetic’ – for a job that is done sitting down;
• ‘driving licence essential’ – for a job that requires limited travel,
which would be feasible without driving;
• ‘good team player’ – when the job doesn’t involve working in a team;
or
• ‘working on own’ – when there is always supervision and peer support.
If a company needs a person with a genuine skill specific to the job,
this is not discriminatory. For example, it would be lawful for a
company specialising in inner-city bicycle courier services to advertise
for couriers who ‘must be able to ride a bicycle’.
Only the Equality and Human Rights Commission can take legal action
against discriminatory adverts. However, you can request that an advert
is taken into account by an employment tribunal when considering your
case. If you identify an advert that you think discriminates, you can
contact us.
The DDA does not stop employers asking for applications solely from
disabled people or showing a bias for employing disabled people (except
for local councils who come under Section 7 of the Local government and
Housing Act 1989, which says that every job must be given on merit).
Job descriptions and person specifications
These documents must not include very small aspects of a job, where
these could lead to discrimination against a disabled person who would
have difficulty with one of these aspects, providing that is not really
what the job is all about.
General exclusions on grounds of health (‘no one with diabetes’) or
specific requirements for all jobs in a company (‘must be physically
fit’) can lead to discrimination.
Example
A computer company stated that it would not employ people who had had a
mental health condition because it believed such people would not be
reliable employees.
This is likely to be direct discrimination and the company may be liable
to legal action.
If a company said that it required ‘20/20’ vision or a driving licence
for a particular job, that may be justifiable depending on the work. If
however, it claimed that all staff had to meet the requirement despite
not all doing jobs in which it was necessary, that is likely to be
unlawful discrimination.
Asking for specific qualifications can be discriminatory if the employer
cannot show why they are needed for a particular job. A disabled person
may have the abilities required to achieve a qualification, but have
been unable to study because of their disability. In this case, an
employer may be required to give up the need for some qualifications if
the disabled person can demonstrate the same level of ability as having
the qualification would require.
Application forms
Application forms should not ask questions that are not relevant to the
job or situation, or ask for details that are not relevant about your
disability.
An employer should provide you with any forms or information about a job
in alternative formats, such as email, audiotape or CD, if requested to
do so. They should also accept your application, with all information
needed, in an accessible format. However, if you would not be
‘substantially disadvantaged’ by using their standard format, it would
not be reasonable to ask for another format.
If an employer uses online recruitment and the website is not accessible
to you, it is reasonable to request the application in another format,
for example by email.
Health and disability questions or medical questionnaires
Employers may ask you to complete a medical questionnaire at some stage
of the recruitment process, or they may include questions on an
application form asking you to outline any medical problems or if you
have seen a doctor in the last five years. You need to read the form
carefully and perhaps get some advice on how best to answer.
The purpose of a medical questionnaire is to work out if there is a
medical reason why you cannot do a job. If your disability or health
condition causes an adverse effect on your ability to do the role, then
the employer must consider any adjustments that would reduce this.
Medical advisors and occupational health departments are only ‘expert
advisors’, sometimes known as ‘agents’. The final decision to employ
rests with the employer.
It is important to answer questions about your health condition or
disability positively. For example: ‘I have no adverse effects from a
heart attack I had three years ago that would affect me in this job’ is
a much stronger answer than: ‘Three years ago I had a heart attack and
was in hospital for six weeks’. What is important is the effects of your
disability or health condition and how these relate to the role you are
going for.
Employers can ask disability-related questions to help make a
recruitment decision or for equal opportunities monitoring purposes.
They can also ask about the effects of a disability in terms of the job
for which are applying, such as: ‘Are there any changes in the workplace
you would need to do this job?’
Good employers work out what reasonable adjustments you might need for
interview and once appointed ask about the effects of your disability to
decide what adjustments can be made at work.
Employers should not use the answers to disability questions to
discriminate against a disabled person and should not ask general
questions about the disability, such as how it came about or how long
you have had it.
Short-listing
Some employers run ‘interview guarantee schemes’ where you will be
short-listed for a job if you can prove you meet their minimum criteria.
Employers need to make reasonable adjustments when short-listing for
interview. If they believe that you were at a ‘substantial disadvantage’
because of the application process, then a reasonable adjustment would
be to short-list and interview you to clarify any unclear gaps or
information.
Making reasonable adjustments at interviews
The employer can make various changes to where and how an interview
takes place. These might include:
●using accessible premises;
●ensuring that your communication needs are
met, such as making sure a signer is available, or the interviewer is
well positioned for lip-reading;
●ensuring that you get a choice about time
of interview;
●ensuring that water is available if you
want it; or
●allowing you to be accompanied by a support
worker, for example to assist with powerpoint presentations or slides.
The employer should ask if there are any adjustments that can be made
which would be helpful. If they don’t ask, you can contact them to
request adjustments. If you do not ask beforehand, there is still a duty
to make adjustments when you get there, but it is possible that these
adjustments may be less effective. This situation would make you and the
employer uncomfortable and would not be a good starting point for an
interview.
Testing
Some employers use tests at interview – for example, psychometric tests,
skills tests (such as literacy, typing, maths, administration skills) or
asking candidates to make a presentation.
This process should not ‘substantially disadvantage’ you and adjustments
should be made when needed. These could include:
●giving you a reader or scribe during a
written test;
●allowing you longer to take a test;
●accepting a lower pass rate if you are
disadvantaged by the test procedure; or
●allowing you to take a test using an
adjustment you would have if you got the job – for example, a typing
test may best be taken using an adapted keyboard if you would use this
in the job.
Example
Candidates for a graduate-training programme are asked to give a 15
minute presentation on a topic of their choice. Peter, a 23-year-old man
who has cerebral palsy, contacted the company to explain that because of
a speech impairment it would take him longer to present his material.
The company extended the time given for the presentation to 25 minutes,
and Peter prepared his presentation carefully to make sure he could get
through the material in time. He also gave a bullet point plan of his
presentation to the interviewers at the end of his presentation. This
impressed the interviewers, as it was one of the criteria on their
marking sheet.
Assessment centres
When a number of assessments are made together, this is usually at an
assessment centre. The idea is that your skills are tested in a number
of ways by a number of people to give a broad overview of your
abilities. This is often thought to be one of the fairest ways of
assessing people.
It’s a good idea for you to discuss what you need to attend an
assessment centre with a coordinator at the centre. Plans (practical and
financial) may need to be made for personal assistants, assistance dogs,
medication etc. You will be able to perform at your best if you know
that the reasonable adjustments are all in place before you attend.
You may want to consider all or any of the following:
●Do you have personal support needs outside
of working hours? For example, using a dialysis machine in the evening
with support from someone else to do this.
●Do you have reduced sight and need help
getting around new places?
●Do you have personal care needs and require
a personal assistant for dressing or personal care?
●Do you have issues arising from activities
at the centre (some activities may be ‘hands on’ or time-bound and cause
difficulties for people with manual dexterity problems)?
●Do you experience anxiety and if so, are
there any adjustments when you first arrive, or later, that would help?
Contracts / terms and conditions
If you are on benefits, you need to check the length of contract as it
may be difficult to go back onto ‘incapacity type’ benefits if the job
finishes for reasons other than your health condition or disability.
The DDA says that an employer should not discriminate against you in the
terms on which you are offered a job. An example of discrimination might
be if the employer did not offer you the same terms about giving notice,
redundancy, sickness or holiday pay as those offered to non-disabled
staff.
Induction
For many people, particularly those with disabilities, induction is one
of the most important stages in the recruitment process. It may be the
first time that you use the building, meet colleagues, and learn about
the organisation and its procedures.
Your employer should consider whether the standard induction will work
for you and if you need any adjustments. These might include:
●a hearing loop for presentations;
●alternative formats for manuals and
presentation packs, such as Braille;
●subtitles or signing on videos;
●an alternative venue; or
●one-to-one support, especially in the first
few weeks.
Some adjustments might only be needed at the induction stage and not for
the job itself.