Disability Action Centre
Frequently Asked Questions
- What counts as a disability?
- What does 'impairment' cover?
- What if the effects come and go over a period of time?
- What about people who are registered disabled?
- Are any conditions specifically excluded from the coverage of the Act?
- What counts as discrimination in employment?
- Does an employee have to declare a disability to a current or potential employer?
- Can an employer ask an employee about a disability on job application forms?
- What adjustments should an employer consider?
- When should adjustments be made?
- When does discrimination by a service provider occur?
- What does 'less favourable treatment' mean in relation to service providers?
- Surely a service provider has the right to refuse to serve someone?
What counts as a disability?
The DDA describes a disabled person as anyone ‘with a physical or mental impairment which has a substantial and long-term adverse effect upon their ability to carry out normal day-to-day activities’. This is intended to be a fairly wide definition.
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What does "impairment" cover?
It covers physical or mental impairments; this includes sensory impairments, such as those affecting sight or hearing.
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What if the effects come and go over a period of time?
If an impairment has had a substantial adverse effect on normal day-to-day activities but that effect ceases, the substantial effect is treated as continuing if it is likely to recur; that is, if it is more probable than not that the effect will recur. Take the example of a person with rheumatoid arthritis whose impairment has a substantial adverse effect, which then ceases to be substantial (i.e. the person has a period of remission). The effects are to be treated as if they are continuing, and are likely to continue beyond 12 months, if:
- the impairment remains; and
- at least one recurrence of the substantial effect is likely to take place 12 months or more after the initial occurrence. This would then be a long-term effect.
What about people who are registered disabled?
Those registered as disabled under the Disabled Persons (Employment) Act 1944 both on 12 January 1995 and 2 December 1996 will be treated as being disabled under the Disability Discrimination Act 1995 for three years from the latter date. At all times from 2 December 1996 onwards they will be covered by the Act as people who have had a disability. This does not mean they are not covered as having a current disability any time after the three-year period has finished. Whether they are or not will depend on whether they - like anyone else - meet the definition of disability in the Act.
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Are any conditions specifically excluded from the coverage of the Act?
Yes. Certain conditions are to be regarded as not amounting to impairments for the purposes of the Act. These are:
- addiction to or dependency on alcohol, nicotine, or any other substance (other than as a result of the substance being medically prescribed);
- seasonal allergic rhinitis (e.g. hayfever), except where it aggravates the effect of another condition;
- tendency to set fires;
- tendency to steal;
- tendency to physical or sexual abuse of other persons;
- exhibitionism;
- voyeurism.
Also disfigurements which consist of a tattoo (which has not been removed), non-medical body piercing, or something attached through such piercing, are to be treated as not having a substantial adverse effect on the person’s ability to carry out normal day-to-day activities.
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What counts as discrimination in employment?
If an employer treats someone less favourably than they treat others, or if an employer refuses to make a reasonable adjustment, they must by law give a reason that is both material and substantial. Victimisation is also unlawful under the DDA.
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Does an employee have to declare a disability to a current or potential employer?
The Act does not prevent a disabled person keeping a disability confidential from an employer. But this is likely to mean that unless the employer could reasonably be expected to know about the person’s disability anyway, the employer will not be under a duty of make a reasonable adjustment. If a disabled person expects an employer to make a reasonable adjustment, he/ she will need to provide the employer - or, as the case may be, someone acting on the employer’s behalf - with sufficient information to carry out that adjustment.
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Can an employer ask an employee about a disability on job application forms?
The DDA does not prevent employers from asking current or potential employees for information about their health or disability, but an employer must not use any information offered to discriminate against an employee. Asking about the effects of a disability might be important in helping an employer to decide what adjustments ought to be made.
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What adjustments should an employer consider?
Employers should consider whether employment arrangements or any physical feature of the workplace are putting disabled people at a substantial disadvantage. Examples of adjustments are: making adjustments to the premises; allocation of work; being flexible about working hours; providing training; using modified equipment; making instructions and manuals more accessible; using a reader or interpreter; and appropriate supervision
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When should adjustments be made?
Adjustments should be made by an employer when they become aware of someone’s disability. This may well be at the recruitment stage, or at each stage of employment if conditions or job requirements are modified. They might include arrangements for an interview, induction arrangements, terms and conditions of employment, promotion, transfers, dismissal, training and any benefits provided to staff.
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When does discrimination by a service provider occur?
As a service provider, you might discriminate against a disabled person in two ways: by treating him or her less favourably than other customers because of their disability; or by not making reasonable adjustments to the way you deliver your services so that disabled people can use them.
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What does 'less favourable treatment' mean in relation to service providers?
This is when a disabled person is treated less favourably than other customers by: refusing service to him or her; providing him or her with a lower standard of service; or by providing him or her with a service on worse terms.
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Surely a service provider has the right to refuse to serve someone?
Yes, but they cannot, because of a person’s disability, refuse to provide a disabled person with a service which they are offering to other people.
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If you are unable to find the information you need or in the format you require, please contact the DAC -
Email - DAC@royalmail.com
