|
DISABILITY DISCRIMINATION ACT COMES INTO FORCE |
28 September 2004 |
|
Friday 1st October 2004 is a landmark date for disability rights with the coming into force of the final parts of the Disability Discrimination Act 1995 (DDA). From this date the rights of disabled employees are extended and perhaps most significantly service providers may be judged to be discriminating if their premises are inaccessible because of a physical feature such as steps, a high counter or the lack of a disabled toilet. Up until Friday, disabled employees were only protected by the DDA if they were part of a workforce that exceeded 20 employees. From Friday this limit will be removed and all disabled employees will be protected. Effectively the DDA will place a duty on employers to carry out reasonable adjustments in order to continue employing someone who has become disabled or to employ an already disabled person. The new duties on service providers makes it an unlawful act of discrimination if the physical features of their premises make it unreasonably difficult for a disabled person to access the goods or services being provided. Steps at the main entrance may be an obvious example as a barrier to wheelchair users but less obviously issues such as lighting, excessive background noise and inadequate or inappropriate signage can act as a barrier. The extended law will give disabled people the right to use the civil courts to sue for damages. The courts have already been busy dealing with other forms of discrimination and examples of damages being paid in excess of a £1000 for acts such as refusing service to a visually impaired person with a guide dog are not uncommon. The DDA specifically places a duty on service providers to make adjustments to the physical features of their premises in order that they don’t discriminate against disabled customers. As a general guide the term “service provider” applies to any group or individual who provides a service to members of the public regardless of whether they charge for it or not. This means the law is as relevant to the community sale of work as it is to a high street shop. In the Western Isles, Comhairle nan Eilean Siar have been assisting service providers to meet these new duties and improve accessibility of their services by offering an Access Grant of up to £750. Details of how to apply for the grant and further information on the implications of the DDA may be obtained by contacting Malcolm Crate, Department for Sustainable Communities, Comhairle nan Eilean Siar, Sandwick Road, Stornoway, telephone 01851 709325. Nigel Scott Tel: 01851 709389 (Work) |
|