DISABILITY DISCRIMINATION ACT 1996

Our specialist solicitors provide qualified advice on all matters that are related to employment disputes in the United Kingdom including applications for compensation to an Employment Tribunal under The Disability Discrimination Act 1996. Our no win no fee claims are completely risk free and if we do not win your case, you do not pay any legal fees or expenses whatsoever. If you need free initial advice just call us or complete the contact form and our expert lawyers will be pleased to help you, with no further obligation and no charge.

The Disability Discrimination Act 1996 affords those with disabilities the right not be treated unfairly as a result of any mental or physical difficulties from which they may suffer and in particular gives the right to equal opportunities and fair treatment whilst at the place of employment. The statute which is available in full from HMSO defines a person as disabled if they are impaired, physically or mentally and that impairment has a long term or permanent effect on their ability to go about their normal daily activities. Under the terms of the statute employers are required to make reasonable changes in structures to accommodate their disabled employees and this may include ramps, lifts and other necessary equipment.

There are two main ways that an employer can fall foul of the legislation and be guilty of an offence under The Disability Discrimination Act 1996 :-

1. When an employer is prejudiced and deliberately treats a disabled employee differently compared to other employees in such a way that causes disadvantage.
2. When an employer fails to adjust to the reasonable needs of a disabled employee.

There is a code of practice published by HMSO called “Elimination of discrimination in the field of employment against disabled person or persons who have had a disability.” which gives guidelines for employers on the recommended provisions for the employment of disabled persons as well as practical guidance on the work of trade unions to avoid discrimination against disabled employees.

New regulations were published in October 1994 that require changes to be made to the physical structure of business establishments. These regulations are outlined in the HMSO publication "Code of Practice - Rights of Access, Goods, Facilities, Services and Premises." which is aimed at businesses and service providers whose premises discourage disabled people due to difficult or impossible access arrangements.