The Disability Discrimination Act. What you need to Know. A guide for Small to Medium Businesses

Transcription

1 The Disability Discrimination Act What you need to Know A guide for Small to Medium Businesses 55761

2 Contents Introduction How to use this guide 1 Section 1 What is the DDA? 1.1 What does the Act do? Structure and Timeline of the Act The Role of the Disability Rights Commission How the Act defines disability Why should your business comply with the Act? 4 Section 2 Employment (DDA Part II) 2.1 What is discrimination in Employment? Reasonable Adjustments in Employment When does the duty to make reasonable adjustments arise? What is a reasonable adjustment? Practical tips on making cost effective reasonable Adjustments for employees 8 Section 3 Provision of Goods, Facilities and Services (DDA Part III) 3.1 What does the Act say about providing Services? What is discrimination in the provision of Goods, Facilities and Services? Single and Joint Responsibility Reasonable Adjustments When does the duty to make Reasonable Adjustments arise? What does Reasonable Adjustments mean? Can the cost of making Reasonable Adjustments be Reclaimed? Practical tips on making cost effective reasonable Adjustments in your service delivery 14 Section 4 The Customers journey visiting your business 4.1 Approaching the premises Entering the premises Making doors easier to use Finding a way around Lighting Getting around Access to goods Payment of goods Information about goods and services Communicating with disabled customers Facilities Getting out of the premises Access Auditing Service 25 Section 5 Enforcement of the Act 26 Section 6 FAQ Section 7 Sources of Help and Information Appendices A DDA website compliance B Supported Employment Services and Jobcentre Plus Programmes 34-35

3 Introduction - How to use this guide This resource pack is designed to give small businesses a quick and practical guide to the Disability Discrimination Act. Within the resource pack you will come across the following four key icons, which are intended to make this guide simple to use. Practical Tips (tips on making reasonable adjustments for micro & small businesses) _ The Act (what the Act says) Further Information/Resources 3 Best Practice Tips 1

4 Section 1 What is the Disability Discrimination Act (DDA)?

5 1.1 What does the Act do? The DDA creates rights for any individual defined by the Act as a Disabled person, not to be discriminated against in: l employment l the provision of goods, facilities and services l the selling or letting of land and property l education l transport 1.2 Structure of the Act: contents/timeline PART I PART II (1996) Definition - Disability (1996) Employment PART III (1999, 2004) Goods, Facilities, Services and Premises PART IV Education PART V Public transport 1.3 The Disability Rights Commission (DRC) is a body with similar powers and duties to the Commission for Racial Equality (CRE) and the Equal Opportunities Commission (EOC). The DRC s main functions are to: l provide legal assistance for disabled people on DDA cases l provide information for disabled people, employers, service providers l draw up Codes of Practice relating to the DDA l set up and monitor a conciliation service for Part III of the DDA l investigate alleged breaches of the DDA 2

6 1.4 How the Act Defines Disability The Act s definition For the purposes of the Act, a disabled person: l has a physical or mental impairment which has a substantial and long term adverse effect on [their] ability to carry out normal day-to-day activities or l has had such an impairment in the past. The Definition Explained: Key word Refers to : Physical/mental impairment Sensory (hearing and eyesight) impairments as well as mobility; clinically well recognised mental impairments and severe disfigurement Substantial adverse effect An impairment that is more than minor or trivial. Progressive conditions only need cause some effect Long-term Impairment must have lasted or be expected to last at least 12 months Normal day-to-day activities Impairment could adversely affect mobility, manual dexterity, speech, hearing, eyesight, ability to con centrate, learn or understand 3

7 1.5 Why should your business comply with the Act? Legal Case The DDA as an Act of Parliament requires accessibility to your business for employees and customers with a disability as a statutory right. Therefore the DDA cannot be ignored l The DDA is an Act of Parliament and as such cannot be ignored l A commitment to DDA awareness, compliance and action is the best defence and investment you can make against possible legal action Social Case UK businesses will want to be regarded as an accessible equal opportunity employer or service provider Therefore, the DDA enhances the credibility of the business to both customer and employee l Your business is seen to be an accessible equal opportunities employer Business Case UK businesses will regard the disabled community and the community which supports it as a revenue stream There are approximately 8.7 million disabled people in Britain one in seven of the UK population, with a total annual income of over 50 billion l People with disabilities have a spending power of over 50bn per year to spend with compliant businesses l Businesses who ignore the DDA could lose out on a massive revenue opportunity 4

8 Section 2 Employment (DDA part II)

9 2.1 what is discrimination in Employment It is unlawful for an employer to discriminate against disabled job applicants for any reason related to their impairment - l in recruitment and selection arrangements l in the terms on which employment is offered l by refusing to offer, or deliberately not offering, the disabled person employment (assuming they are the best candidate) It is unlawful for an employer to discriminate against disabled employees for any reason related to their impairment - l in the terms of employment offered to an employee l in opportunities for promotion, transfer, training or receiving any other benefit l by refusing to offer the disabled person any such opportunity l by dismissing the disabled person or subjecting them to any other detriment 5

10 2.2 Discrimination is - Less favourable treatment l if, for a reason related to that person s impairment, the employer treats the disabled person less favourably than they would treat others, and l the employer cannot show that this treatment is justified Failure to make a reasonable adjustment is less favourable treatment - l when an employer fails to comply with a duty of reasonable adjustment, and l the employer cannot show this failure is justified 2.3 When does this duty to make adjustments arise? l When the employer is aware (or could be reasonably expected to be aware) that the employee or job applicant is a disabled person l When the disabled person is caused substantial disadvantage compared to non-disabled people by work arrangements or physical features of the workplace 6

11 2.4 What is a reasonable adjustment? The Act gives examples that employers must consider: l make adjustments to premises l allocate some of the duties to another member of staff l alter the disabled person s working hours l allow absence for assessment/treatment/rehab l acquire or modify equipment l modify instructions or reference materials l modify testing or assessment procedures This is not an exhaustive list and other adjustments can be considered. Please refer to the DRC Codes of Practice (see contact details in section 7), or your local business advisor. What is reasonable? Factors an employer can take into account when deciding if an adjustment is reasonable include the following: l how much an alteration will improve the situation for an employee or job applicant l how practicable the adjustment will be l the cost of the adjustment, both financial and in terms of any disruption or effect on other staff l financial or other help that may be available (e.g. Access To Work Scheme through Jobcentre Plus). 7

12 2.5 Practical tips on making cost effective reasonable adjustments for employees Small/medium business Micro business (less than 10 employees) Once you are aware that you have an employee or potential employee that is disabled, assess what reasonable adjustments can be made, if any Develop your Equal Opportunities/Diversity Policy to incorporate the DDA Change duties and/or giving minor tasks to another employee Audit and review your policies and procedures to encompass the DDA Reduce Hours Change shift patterns Make staff aware that you are an Equal Opportunities Employer Allow time off for hospital/ Rehabilitation. Provide practical aids Adapt your daily practices to see what reasonable adjustments can be made Review your daily practices to see what reasonable adjustments can be made l Always consult with the disabled person l Make an Action Plan of changes you need to make l Simple and low cost changes are usually the best l Always seek advice from your local business advisor, WorkStep Team, the DRC or ACAS (see section 7) 8

13 Section 3 Provision of Goods, facilities & Services (Part III)

14 3.1 What does the Act say about providing services? Part III of the Act is based on the principle that disabled people who use or seek to use services as customers, buyers, shoppers, consumers, clients, patrons or service users (whether those services are paid for or free) should not be discriminated against by providers of services to the public. 3.2 What is discrimination in the provision of goods, facilities and services? l The DDA makes it unlawful for a service provider to discriminate against a disabled person (by treating him or her less favourably than a person without disability would be treated, without justification) l by refusing to provide (or deliberately not providing) any service which it provides (or is prepared to provide) to members of the public, or l in the standard of service which it provides to the disabled person or the manner in which it provides it, or l in the terms on which it provides a service to the disabled person Therefore; A service provider should not unjustifiably: l refuse to provide a service l provide a service of a worse standard or in a worse manner l provide a service on less favourable terms or a reason related to that person s impairment 9

15 3.3 Single and Joint Responsibility There is single and joint responsibility for liability for both staff and employers. Employers are expected to make sure staff are clear about what role they play in delivering goods and services to disabled customers Service providers are more likely to be able to comply with their duties if they; l have a positive attitude/ policy on inclusion that is shared throughout the organisation l inform all staff dealing with the public that it is unlawful to discriminate against disabled people l ensure staff understand what discrimination means, their duties under the Act, what is expected of them in their workplace and how to serve disabled customers l ask disabled people for their views on performance and development the duty to make reasonable adjustments is owed to all disabled people, not just individuals, so it is important to consider accessibility widely l regularly review and respond to findings related to the accessibility of services and the effectiveness of reasonable adjustments l have a customer complaints procedure which is easy for disabled customers to use 10

16 3.4 Reasonable Adjustments The duty to make reasonable adjustments is the cornerstone of the DDA and requires service providers to take positive steps to make their services accessible to disabled people. Since October 1999 Service providers have been required to: l change practices, policies and procedures that may discriminate against disabled service users l provide auxiliary aids and services (e.g. information in accessible formats, temporary ramps) to facilitate access to services l provide services by other means where physical barriers make it impossible or unreasonably difficult for a disabled person to get access to services In October 2004 significant new duties on service providers came into force. Where a physical feature makes it impossible or unreasonably difficult for disabled persons to access your goods or services, your business is required to take reasonable steps to; l Remove the feature; or l Alter it so it no longer has that effect; or l Provide a reasonable means of avoiding the feature; or l Provide a reasonable alternative method of making the service available where otherwise it would be unreasonably difficult for a disabled person to use your service 11

17 3.5 When does the duty to make reasonable adjustments arise? This duty does not just arise when a disabled person wants to use a service. The duty to make reasonable adjustments is both anticipatory and a continuing duty. l Service providers must anticipate where problems will occur (for people with all types of impairment) and take proactive steps to remove these, whether or not they already have disabled customers l In addition, it is appropriate to ask people whether they have any particular access requirements (that necessitate an adjustment to be made) when they present as actual or potential customers l In circumstances where a service provider has not anticipated or identified a problem, a reasonable adjustment should be made as soon as the problem is highlighted l Once adjustments are in place, there is a continuing duty to monitor and review these regularly and if necessary make further changes The duty to make reasonable adjustments is described by the Code of Practice as a duty to disabled people at large - an anticipatory duty. Unlike the employment section, it is not necessary to wait to make adjustments for an individual disabled person. 12

18 3.6 What does reasonable adjustment mean? The Code of Practice lists a number of factors that will determine what is reasonable for a business. These are: l Whether taking any particular measures would be effective in overcoming the difficulty that disabled people face in accessing the services in question l The extent to which it is practicable for the service provider to take these measures l The financial and other costs of making the adjustment l The extent of any disruption which taking the measures would cause l The extent of the service provider s financial and other resources. l The amount of any resources already spent on making adjustments l The availability of financial or other assistance 3.7 Can the Cost of Making Reasonable Adjustments be Reclaimed? l The Act does not allow a service provider to pass on additional costs of making an adjustment to disabled customers l If an additional service is provided to an individual customer in addition to the reasonable adjustment for all disabled customers, then an extra charge may be met. 13

19 3.8 Practical tips on making cost effective reasonable adjustments in service delivery Small/medium business Micro business (less than 10 employees) Consider who your customers are: How they identify with your business? How they find out about your services? Train staff to understand and respect the needs of disabled customers Make staff aware of the needs of disabled customers Develop and implement positive policies to ensure inclusion of disabled customers Tell disabled people how to request assistance Have an accessible complaints procedure and tell disabled people how to request assistance Review service delivery to see what reasonable adjustments can be made Adapt your service delivery to see what reasonable adjustments can be made Audit physical and non-physical barriers that make it unreasonably difficult for disabled people to access services 14

20 Section 4 The Customers journey when visiting your business

21 4.1 Approaching the premises Owners or managers should ensure that ease of access is maintained and that there are no obstructions. Practical suggestions: l Better lighting l Paths and other routes - consider the surface of routes to the premises and ensure that this is suitable and well maintained l Car parking - if car parking is offered ensure that there is provision for a disabled customer to manoeuvre a wheelchair in and out of a car l Locate suitably marked disabled car parking space as close to the entrance as possible. Where possible, ensure regular inspections are carried out so that drivers who are not disabled do not occupy bays intended for disabled customers 15

22 3 4.2 Entering the premises The best solution to initial access is one that allows independent entry for a disabled customer without requiring additional assistance. Disabled customers will feel more valued if they are able to use the main entrance along with everyone else. Practical suggestions: Major barriers to independent access for many people with mobility impairments are steps particularly wheelchair users. If you have a step or steps to your main entrance door, consider: l Raising the pavement or other approach up to the level of the entrance l Installing a permanent external ramp, in addition to the steps rather than as a replacement These types of solutions may incur planning permission being sought. For smaller businesses, a temporary ramp might be a reasonable alternative. There are other relatively easy changes that can make a real difference for your disabled customers: l Fit handrails to any steps that remain at the main entrance (particularly useful for people with arthritis or limited mobility) l Mark the edges of steps with strong contrast (for people with visual impairments) l Try to allow as much natural light at an entrance as possible 16

23 3 If independent access through the main entrance cannot reasonably be provided, it is important to try to: l Designate an alternative entrance with level access l Fit a call bell or an entry phone system l Offer assistance over the step where stepped access cannot be avoided l Offer alternative methods of providing services: such as, delivering to people s homes or through the post 4.3 Making doors easier to use Doorways and doors can be another barrier for disabled customers. While automatic sliding doors are ideal, it is recognised that they are not always possible. Practical suggestions: l Position the door handle: at a height one metre from the ground l Replace the door handle if necessary by one that is easier to grip, such as a D-shape handle, and one with better colour contrast l Make the door easier to open l Check that entrance mats are flush l Add safety markings to glazed doors l Maintain doors to ensure that they open and close smoothly 17

24 4.4 Finding a way around Practical suggestions: Make signs easier to read l Use clear symbols l Use clear and large mounted-tactile text l Use different colours effectively white or yellow on black are good lack of colour contrast is poor l Have induction loops where hearing aid users will find them of most benefit, for example at the enquiry desk l Offer personal assistance l Ensure aisles and displays are not blocked and do not limit access 4.5 Lighting Improving lighting conditions in your premises can be of particular benefit to customers with partial sight and it is important that good lighting remains consistent throughout customer areas. l Highlight hazardous areas l Avoid highly reflective surfaces 18

25 4.6 Getting Around Stairs Avoid internal steps as much as possible; even one or two steps can exclude a customer with a mobility impairment from reaching your services. If your services are located on one or more levels consider alternative ways of making your goods and services available, e.g. if you have a newsagents you could offer personal assistance to the disabled person whilst shopping. Practical suggestions: l Make circulation easier such as wide clear pathways l Fit handrails l Clear marking of internal steps and safety hazards l Ensure that surfaces are as level as possible and do not present slipping or tripping hazards 4.7 Access to Goods Shelves and Units Practical suggestions: l Ensure shelves and units are accessible l Make product information easier to read; use a large text such as a 14-point font, with good contrast l Consider relocating certain services, and offer them at an accessible level l Provide advice counters, changing rooms, and special seating areas where personal shoppers can assist customers 19

26 3 Queuing systems, waiting areas and seating Do your customers have to wait to receive a service? Do they have to walk considerable distances within the premises? If so, provide seats for people to sit and rest. Practical suggestions l Try to ensure that seated customers do not lose their place in the queue l Allow enough space or separate access to tills for wheelchair users l Checkout areas should include easy-access positions where wheelchair users have sufficient space to move easily alongside the goods conveyor l Consider offering additional help with packing to disabled customers l Reposition furniture in waiting areas to allow wheelchair users to pull up alongside a seated companion l Ensure where practical that announcement systems are both visible and audible 4.8 Payment of Goods Practical suggestions l Create a lowered section of the counter or service desk with sufficient space to key-in chip and pin numbers, sign card receipts, write cheques etc, to suit both standing and wheelchairusing. Alternatively, a lower writing shelf could be provided l Equipment such as lap trays or clip boards (for people to use key pads, sign receipts, or write cheques if they cannot bend down to reach a counter top) can be useful for micro businesses l Make sure that any service call bell is in an accessible and obvious position 20

27 l Keep glazed screens clear of notices, grilles or other distractions that make it difficult for people to lip-read l Improve lighting so that it is easier for someone who is lip-reading to see the staff member s face l Position service desks so that they are not located in front of windows where bright sunshine will cause the staff member to be in silhouette, making lipreading difficult l Alter staff practices: in situations where it is not reasonable to make counters and service desks fully accessible. A member of staff could come out from behind a service desk to meet a wheelchairusing customer who cannot approach the desk and carry out any transactions Information about goods and services Think about how people with visual impairments and with learning disabilities get the information they need about your products and services. Practical suggestions l Make labels, pricing, menus etc clearer. Consider use of graphics/symbols and bigger text, with good contrast. Consider similar clarity on all publicity and marketing material. l Provide Personal Shopping: Are staff trained to assist visually impaired customers by describing and explaining products or services to them? l If you have any websites are they designed to be accessible? Please see Appendix A for further information on websites 21

28 Communicating with disabled customers Your customers need to communicate with staff about a whole host of issues relating to goods and services on offer, such as pricing, availability, contracts and after-sales service. Clear communication needs further thought for customers with hearing or visual impairments, or those with learning disabilities. For people with hearing impairments there is a range of technical equipment that can help most notably induction loops for people with hearing aids. Retailers will need technical advice on choosing and installing different systems. Pads and pens may also be appropriate for communication. Once installed, make sure that the systems are advertised and regularly checked. Consideration should also be given to protecting the privacy of customers where appropriate. Practical Suggestions: l Separate quiet and noisy areas: plan the use of space to benefit all customers, particularly those with hearing impairments, by locating a customer helpdesk away from noisy machinery or equipment l Make communication easier: staff can be encouraged to look straight at customers and not cover the mouth when they are speaking to them. This will benefit people who use any level of lip reading l Allowing extra time and repeating back to the customer to check accuracy and understanding can benefit customers with learning difficulties and with speech impairments l Use alternative means of communication: in situations where it is not effective to use an induction loop or other type of voice enhancement system, staff could communicate in other ways, such as exchanging written notes with customers 22

29 Facilities Café/Restaurant If you own a café or restaurant, the seating should allow wheelchair users to sit at available tables. Customer toilets and baby changing rooms If a business provides toilets for non-disabled customers then they will also be expected to make a toilet available for disabled customers where reasonable to do so. The following checklist suggests other improvements that can be made to those toilets that are not fully wheelchair accessible. Practical Suggestions: l Fit grab rails: appropriately positioned grab rails are necessary for customers with limited movement, balance or grip l Use better lighting: improving lighting in toilets will benefit everyone, particularly those customers with visual impairments l Use colour contrast. Making fixtures and fittings stand out more easily makes toilet compartments and washroom areas much easier to use for all customers l Outward-opening doors; changing the toilet door so it opens outwards can greatly improve manoeuvring space within the compartment, and make all the difference between a customer being able to use the toilet or not l It is also better from a safety point of view to have an outward opening door that can be opened in an emergency without being obstructed by anyone inside l Clearer signing to toilets: pictorial symbols are beneficial to all customers. Using contrasting embossed, tactile figures on doors helps all blind and partially sighted customers 23

30 l When undertaking a refurbishment use non-shiny surfaces as glare may be visually confusing l Ensure that wheelchair accessible toilets are not used as storage areas and are kept free of obstructions l Ensure alarm systems in toilets are regularly checked. Pull-chord alarms should be capable of being activated from floor level. l Make sure staff are familiar with any alarm systems Getting out of the premises l Customers may sometimes experience additional difficulties when leaving, especially if they are carrying heavy or bulky bags. Staff may be able to assist disabled customers out of the building in a variety of ways, such as offering to call a taxi. l You also need to consider means of escape for any disabled customers in case of an emergency evacuation. Management procedures and staff training and awareness are the key to the operation of emergency evacuation arrangements. l Staff assisting disabled people, both wheelchair users and others should act calmly. Fire drills should be practised regularly. Practical suggestions l Keep exit routes free of obstruction, this is good general fire precautions management l Ensure alarm systems are in working order and that procedures for emergency evacuation (such as fire drills) are in place and tested regularly l Ensure that new staff are trained in alarm response procedures 24

31 4.13 Access Auditing Service l The Surveying Section of Tameside Property Services offers a service of fully compliant DDA Access Auditing. l The survey and report offers the client an easy to understand guide which; if implemented will enhance service delivery by providing an inclusive environment. l The Surveying Section will visit your premises for a preconsultation before undertaking an access audit l The Surveying Section works on a fee recovery basis and the charge for an access audit is l The Audit is benchmarked against set standards: BS 8300 and Approved Document M of the Building Regulations. l For further information and advice please contact Tim Cheshire, Group Building Surveyor,

32 Section 5 Enforcement of the DDA Parts II and III

33 The DDA can be enforced through the Criminal and Civil Court processes: Part II Part III If it is beyond reasonable doubt discrimination has occurred it goes through the Criminal Court process If it is more likely than not that discrimination has occurred it goes through the Civil Court process Part II (Employment) l Disabled people can use the Employment Tribunal system to make complaints. l The questions procedure (obtained from the DRC) records the employer s or prospective employer s view of the alleged act if discrimination has occurred. l There is no limit on the amount of compensation an Employer Tribunal can award in a DDA case. Part III (Goods, Facilities and Services) l Claims are made through the civil court system. l Claims for compensation less than five thousand pounds may go through the small claims division of the County Court. The DRC can advise about conciliation services between the disabled person and the employer or service provider. 26

34 Section 6 Frequently Asked Questions

35 Q. We are moving to a new building and have been told that it complies with current Building Regulations. Should we have to make changes for disabled access? A. If your building is less than ten years old and complies with Part M of Building Regulations, you should make reasonable provision for disabled people to gain access to and use the building. However this is your responsibility to check this is so, please see page 25 (Access Audit Service) Q. I organised an event at a local hotel. When I made the booking I was assured that the venue was accessible. However, during the event a visitor complained about the lack of seating arrangements in the exhibition hall. Was I responsible for thinking about this? A. Whilst the hotel was responsible for providing services that your customers would have used, such as toilets or catering facilities and they may have been able to supply chairs if requested, you will have been responsible for ensuring that those facilities are provided for your customers. You should not assume that someone else would take responsibility for your duties under the Act. Q. I run my service from a listed building. Am I exempt? A. No. For service providers in listed buildings there is no block exemption. Many adjustments can be incorporated sympathetically. The DRC can provide help and advice on these matters through their Helpline or you could get an access auditor to come in and give you an idea of the changes you could make. There is also guidance from English Heritage. 27