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  • Disability Discrimination Act Legislation

What is the DDA?

The Disability Discrimination Act 1995 was enacted on 2 December 1996 and required that most organisations improve their facilities to ensure that disabled persons were not discriminated against. Disabilities include those who are blind and partially sighted.

The Code of Practice states:
1) Since 2 December 1996, it has been unlawful for service providers to treat disabled people less favourably for a reason related to their disability;
2) from 1 October 1999, service providers have had to make “reasonable adjustments” for disabled people, such as providing extra help or making changes to the way they provide their services; and
3) from 1 October 2004, service providers will also have had to make “reasonable adjustments” to the physical features of their premises to overcome physical barriers to access.

Tactile signs are “reasonable adjustments”.

The new Code of Practice, Regulations and Practical Guide states that “On 1 October 2004 the final stage of the goods, facilities and services provisions in Part III of the DDA will come into force. The new duties will apply to businesses and to other providers of services to the public where physical features make access to their services impossible or unreasonably difficult for disabled people.”

In theory, this means that by 1 October 2004, all necessary reasonable adjustments should have been made. There is not a business or organisation that is excluded from this requirement. The final phase of the DDA came into force in October 2004 and has far reaching implications for all businesses. For instance, firms with fewer than 15 employees are no longer able to legally refuse to take on a disabled employee. Overall the Disability Discrimination Act 1995 & 2005 aim to protect disabled people against discrimination - both in employment and when using a service or facility.


How does this affect businesses?

From October 2004 businesses had to make 'reasonable adjustments' to their premises in order to make their services accessible for disabled people. This included putting up clearer signs for visually impaired customers, installing an induction loop for deaf people as well as 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.

From September 2005 further and higher education institutions will be required to make reasonable adjustments to physical features of premises, such as steps, where these put disabled people at a substantial disadvantage. Problems and solutions vary from business to business. The law stated you could make the alterations in four ways:

1) Remove the barrier or obstacle
2) Altering such as adding a ramp, clearer signage, counter/reception heights altered etc.
3) Find a means of avoiding the problem - for example, reconfiguring the internal layout of a building
4) 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 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 Disability Rights Commission (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 almost a quarter of all potential customers or employees. The improvements suggested by the DDA will benefit them and encourage them to do business with you.