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This page is :  > Work  > Employees  > Your rights
The Disability Discrimination Act

The Disability Discrimination Act 1995 (DDA) is the first attempt by a British Government to legislate on the discrimination faced by disabled people.

The DDA describes discrimination as follows:

"an employer discriminates against a disabled person if, for a reason which relates to the disabled person's disability, he treats them less favourably than he treats or would treat others to whom that reason does not or would not apply and he cannot show that the treatment in question is justified." Disability Discrimination Act 1995 Part 11 5(1)and(b)

A disabled person is defined as "someone with a physical or mental impairment which has a substantial and long-term adverse effect on his or her ability to carry out normal day to day activities." This includes not just people with obvious physical disabilities or visual or hearing impairments but also people with conditions including dyslexia, diabetes, epilepsy, heart disease, severe disfigurements etc. It is important to keep in mind all forms of disability when hiring a new employee.

For people with a disability, the DDA introduces a right not to be discriminated against in the areas of employment, provisions of goods and services and in the sale or letting of premises.

The DDA and employment

The DDA places a duty on employers not to treat disabled people less favourably than their non-disabled employees for a reason relating to their disability, unless this treatment is justified.

The DDA makes it unlawful for your employer to discriminate against you when you are applying for a job or during employment. This includes:
  • application form
  • interview arrangements
  • proficiency tests
  • job offers
  • terms of employment
  • promotion, transfer or training opportunities
  • benefits
  • dismissal or redundancy
Your employer also has a duty to make reasonable adjustments to the workplace and work practices to remove or reduce any substantial disadvantage it may cause.

Exclusions

You are not covered by the DDA if you are or applying to be:
  • a prison officer
  • a firefighter
  • a police constable or a member of the Ministry of Defence Police, the British
    Transport Police, the Royal Parks Constabulary or the United Kingdom Atomic Energy Constabulary
  • an employee on board a ship, hovercraft or aircraft
  • work wholly or largely outside the UK
Employers who employ fewer than 15 staff are exempt from the provisions of the DDA.

Further information

The Disability Rights Commission (DRC) (www.drc-gb.org) is a good source of advice if you feel you may have been discriminated against at work or elsewhere.

The DRC Helpline has a team of experienced telephone advisers who provide information and advice about all aspects of the DDA, as well as signposting specialist organisations where necessary. In addition, they can offer good practice advice on the employment of disabled people.

The DRC helpline is open between 8am and 8pm Monday to Friday, tel: 08457 622 633, fax: 08457 622 611, textphone: 08457 622 644.

Information can be supplied in all formats

Disability Discrimination Act 1995
Codes of Practice
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