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Disability : UK Discrimination Act DDA
By Robin Kettle - Jan 4, 2009 12:36:47 PM
The 1995 UK Disability Discrimination Act (DDA) aims to protect disabled people against discrimination - both in employment and when using a service or facility. The government has implemented the legislation in three phases. Phase I in 1996 made it illegal to treat disabled people less favorably because of their disability. Phase II in 1999 obliged businesses to make 'reasonable adjustments' for disabled staff, like providing additional support or equipment. They also had to start making changes to the way they provide their services to customers, for example providing bank statements in large print. Phase III from October 2004 businesses may have to make physical alterations to their premises to overcome access barriers. The example people most readily think of is installing ramps for wheelchair users. The exemption applying to companies that employ fewer than 15 people will be soon removed. How does this affect businesses? From October 2004 you will have to make 'reasonable adjustments' to your premises in order to make your services accessible to disabled people. This might include putting up clearer signs for visually impaired customers, installing an induction loop for deaf people or installing ramps/handrails to improve disabled access correct table/counter heights, highlighting danger areas or removing obstacles all complying to British standard BS8300 and Part M of the buildings regulations. Problems and solutions vary from business to business The law says you can make the alterations in four ways: Remove the barrier or obstacle Altering such as adding a ramp, clearer signage, counter/reception heights altered etc. Find a means of avoiding the problem - for example, reconfiguring the internal layout of a building Providing a service or access by reasonable alternative means, offering a home service, installing call bells at approved heights, adjusting door opening strengths etc. What if an alteration costs too much? The DDA refers to 'reasonable adjustments'. If the cost of an alteration would put you out of business an access audit would note this in a report of your building and attempt to find a more reasonable solution still giving you compliance to the DDA. What if businesses have no disabled customers? That's no argument under the law. The duties under the DDA are 'anticipatory' so saying you have no disabled customers will not provide any legal protection. Are listed buildings exempt? There are restrictions on how listed buildings can be altered, but they are not exempt under the DDA. Businesses that operate from listed buildings need to take specialist advice about how to remove access barriers. What are the risks of doing nothing? There is a possibility of having to defend a costly legal action. But there is also a pressing economic argument, the DRC estimates that disabled people's spending power amounts to £50bn. Per year It argues that ignoring the DDA laws means losing custom - especially if competitors have already made improvements. It is a fact that between 14% and 24% of the population has a disability or is closely involved with a disabled person. That is a quarter of all potential customers or employees. It is estimated that disabled people have a spending power of between £45 & £50 Billion per year. The improvements suggested by the DDA will benefit them and encourage them to do business with you. In addition, many of the improvements will also benefit other customers, such as parents with pushchairs, people carrying heavy shopping etc. As a service provider under the DDA. You are likely to get significantly more customers and bring considerable benefit to your existing customers by meeting the recommendations What do I do next? Because most barriers can be easily and inexpensively removed it is vital to clearly establish low cost and reasonable initiatives that avoid unnecessary expenditure on extravagant provisions. In recent research by the Disability Rights Commission it was found that despite one in ten businesses stating that they would prefer not to have to make their premises accessible for disabled people, eight out of ten predicted a positive rise in profits after improving access for disabled people. Businesses need to know that reasonable adjustments are all that is required by the DDA. An access audit will take into account your business turn- over and make suggestions that are reasonable to you and your business. By arranging an access audit of your business and receiving a full access report, you will have shown to the DDA that you have made the first steps to complying with the act. An access audit will identify the main problem areas, always looking at what is “reasonable adjustment” for your business. What Is An Access Audit? An Access Audit is an examination of a building; it's facilities and services, against pre-determined criteria to assess its ease of use by disabled people. The reasons for carrying out an Access Audit are to meet the legislative requirements of the DDA 1995 and improve access and in turn increase your custom and turnover. Having an Access Audit carried out will establish what action is needed. This will take the form of an initial consultation with you to determine your business needs followed by an inspection of the premises. A written report will then be produced. This report will detail ways in which non-compliance exists and will recommend a course of action. Priorities will be given to work recommended. Some items may need to be done immediately whereas other items could be added to a maintenance program or included in a feasibility study. A full audit will be broken down into sections firstly looking at the approach to your building/establishment. Any hazardous street furniture. The auditor would then investigate the areas used by members of the public including any of those used by disabled members of staff. Photographs will be included in the report (if required) along with full recommendations from various government bodies, including Design Of Buildings And Their Approaches to meet the needs of disabled people Code Of Practice BS8300:2001 and Access and facilities for disabled people Approved document M. The Disability Discrimination Act (DDA) has often become a major headache for many businesses. It is the job of an access auditor to help remove that headache and help keep you and your business on the right side of the law. Access All Areas is a family run DDA approved access auditing business working within the Essex Disability Access Services (E.D.A.S) both fully understand the full implementations of this new law and pride themselves in looking at what is reasonable and cost effective for your business.
June 08, 2009 - 23:08
Subject: discrimination
Is it illegal for a state run facility to tell me that I shouldn't go on trips with them because I have a physical disability? Because that's what they are telling me. Please let me know. Thank you. May 21, 2009 - 12:15
Subject: mental health
I was diognisedas bipolar condition about 7 years ago when I lost the job with local council. I was then employed again in Jan 05. Recent dificuties at work has now resulted in me taking time off work on sick leave whilst my GP has refered me to the hospital consultant. any advice for me so that I don't loose the job again? my job involves working with vulnrable people and can be stressful and very responsible position. May 03, 2009 - 09:59
Subject: Changing my job
I have problems with my back which causes severe pain when I sit or stand or walk for more than 20 minutes. I am getting DLA and I have a blue badge which really helps. The job I am doing and have been doing for over 10 years gives me the flexibility to do small amounts of different tasks involving computer work and physical work and driving a fork lift truck etc. The company I work for wants me to do a job at a desk where I would be sat at a desk most of the day. This would cause me to have a lot of pain in my back and my legs. Can I be forced to do this job? Regards Mark April 28, 2009 - 18:02
Subject: working while on ssi
I was working for target part time. i have arthritis in my knees and hands very badly. when i first started to work there i was on the floor helping customers and picking clothing up off the floor. it was getting to be to much for me so i went to the human resource person an requested to be assigned to cashier. she didn't like the idea but she said OK. well my hours started to go down and i was written up for not calling in one night. that was not true i worked on the sales floor for 8months and i was never written up . this was just a way to remove me from the front end. i always called in they even knew i was not that kind of an employee. one day they were short on the sales floor and asked if i would help them out so i agree,well i was there forever and they were hiring cashiers, just recently (03-09) i was hospitalized for my heart i called them up and told them i could no longer work anymore. they said OK and that was it. they are responsible for my sickness getting out of control, when you have arthritis and it is not in control it can effect. i was taking my medicine, but i was also trying go to work a little. when i would tell them certain depts i could not work in they would look at me as if i am not telling the truth. thank you for listening i would like to file a complaint against Target in ----- April 24, 2009 - 07:06
Subject:
If a person receives Disability Living allowance, and then it ceases; is the person still within that DDA 1995? April 11, 2009 - 00:31
Subject: Mobility problems access to puplic and charged a fee!
My daughter is in Figure Skating Club at school. The arena is not set up to be handicap accessible. I have Rheumatoid Arthritis, Degenerative Disk in both hips and I can hardly walk from my house to car more or less the distance they have. I would have to say that it is like 100 yards from the parking to the entrance. I can't go watch her practice because of the distance and when I go for her annual show it is very hard getting in there. Then the bleachers. They have no lighting so ppl can find their place before the show, They have most of the bottom rows blocked off or reserved. I cannot climb stairs more or less frozen bleachers. Then on top of all this I received a bill from them today. An invoice saying that since I did not do any concession stand time (apparantly I am was supposed to do two, two hour slots). I can't do that and I don't think it is fair that I have to pay $75 for not being able to do it. Can they do this to me? How can I approach this so I can get some help without it being this big scene? I would think they would have to provide some railing for that long walk and shorten it, let the handicap park up front. My grandma can't even go to the show because of the set up. The sad thing is, they have a door that is right by the parking lot entrance but it is locked and not used! I can't work so money is tight, I don't think the charge is fair. I can't play wiith my daughter in the snow, go skating with her ect... I would love to be able to go watch her skate, this breaks my heart and seems so unfair! February 12, 2009 - 11:32
Subject: Blindness in businesses
I recently went to a fast food restaurant with a blind friend and his seeing eye dog. The owner of the establishment at first told us we could not be in the restaurant with a dog, until we advised him the dog was a seeing eye service dog. After ordering and paying, the owner told us we had to eat our food outside, that he did not want the dog in the restaurant. We promptly demanded our money back, advised the owner this was against the law and needless to say, my blind friend was very upset, and we left, never to return. I would like to file a complaint against this restaurant, but not sure where to go or how to go about doing this. Any suggestion? Leave a Comment
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We made reservations for Las Vegas apr 30 09 I purchased insurance for this trip from Mondial assistance of Virginia. For the plane ticket and also I purchased tickets for CHER concert at Cesars Palace 5 02 09 I'm on disability I suffer from bipolar and depression I've been under Dr care for several years. So the week I was leaving with my husband I had a personal trauma and went into deep depression my husband could not get me out of bed. It's not a good feeling. So my husband contacted Delta because of the ins. after several conversations Delta agreed not to penalize us. So re-booked with Delta and Flamingo Hotel (6/11/09) So I called Mondial assistance about my situation because of the CHER tickets. They said to fill out paperwork from your Dr. and send it to us. When I returned from Vegas I received a letter from Mondial stated unfortunately we are unable to provide benefits as a result of a mental or nervous health disorder including but not limited to: anxiety, depression, neurosis or psychosis. This was their General Program Exclusions. So i called explain this why I am disable I'm sorry I cannot help myself when this occurs Bipolar is a disease I paid for the ins. I feel that the terms are against people with this condition. They refused to reimburse me ($383.00 + $20.00for ins.) It was ok by Delta in which the have the same ins co. MONDIAL ASSISTANCE RICHMOND VA. thank you for all the disable