ATL

Disability discrimination

The Disability Discrimination Act 1995 requires employers to make 'reasonable adjustments' to premises or working practices to ensure that employees are not disadvantaged because of their disability.

In order to have rights under the Disability Discrimination Act, an employee must show they are defined as disabled under the act. This means suffering from a physical or mental impairment that has a substantial and long-term adverse effect on the person's ability to carry out normal day-to-day activities. Any adverse effects must last for at least a year to be considered 'long-term'.

Impairments must affect at least one of the following:

• mobility

• manual dexterity

• physical coordination

• continence

• ability to lift, carry or otherwise move everyday objects

• speech

• hearing

• eyesight

• memory or ability to concentrate, learn or understand

• perception of risk of physical danger.

Under the act, people with cancer, MS and those who are HIV positive are deemed to be disabled from the point of diagnosis. Other impairments that employment tribunals have considered a disability include depression, epilepsy, ME and asthma. This does not mean, however, that all people who suffer from these impairments are disabled under the act - much depends on their ability to carry out at least one of the day-to-day activities listed above.

Duty to implement reasonable adjustments

Employers are obliged to make reasonable adjustments to premises or working arrangements to prevent a disabled person from being placed at a substantial disadvantage compared with persons who are not disabled.

In educational establishments, adjustment to premises can include the following:

• providing wheelchair-accessible toilets, ramps and automatic opening doors

• allocating classrooms on ground floors

• providing a designated car-parking space

• widening doorways and re-arranging furniture to allow wheelchair-users to move around

• providing ergonomically designed chairs or adapted keyboards

• acquiring specialist equipment with magnifying facilities.

Changes to working arrangements may be made by:

• employing an assistant to undertake administrative tasks

• providing a reader or signer for a visually impaired person

• adjusting the timetable or allowing extra non-contact time

• allocating some duties to another employee

• altering working hours to allow part-time work or job-sharing

• providing additional training.

While the potential cost of adjustments often concern educational establishments, many are relatively inexpensive. Moreover, under the Employment Service's Access to Work Scheme, funding is available for human support and adaptations to premises and equipment. Disability employment advisors in Jobcentres offer free independent advice on adjustments to the workplace. Many LAs also employ disability officers.

Other forms of discrimination under the Act

Failure to make reasonable adjustments is one of the five ways in which an employer can discriminate on the grounds of disability. The others are:

Direct discrimination: this occurs where a person discriminates against a disabled person if, on the ground of that person's disability, he or she is treated less favourably than a person not having that particular disability has been or would have been treated. There is no justification defence to a claim for direct discrimination.

Disability-related discrimination: this occurs where the employer, for reasons relating to a person's disability, treats that employee less favourably than the employer treats or would treat others to whom that reason does not apply, and that treatment is not justified.

Harassment: occurs where the disabled person is subjected to unwanted conduct which has the purpose or effect of violating his or her dignity or creating an intimidating, degrading, humiliating or offensive environment for him or her.

Victimisation: essentially occurs where the disabled person is treated less favourably because he or she has commenced a claim under the Disability Discrimination Act; or has given evidence/information in proceedings brought by someone else; or has alleged that a person has contravened the act.

A claim for disability discrimination must be presented to the Employment Tribunal within three months beginning with the date of the act of which complaint is made.

Discrimination law is a particularly complex area. ATL members are advised to contact ATL (see below) if they require advice.

Need further advice?

Your first point of contact is your ATL rep in your school or college. Your local ATL branch is also available to help with queries, or you can contact ATL's member advisors on tel: 020 7930 6441 or email us. Please have your membership number to hand when telephoning and include it with any correspondence - this will help us to answer your query more quickly.