Disability Discrimination

The regulation of discrimination against disabled people in the United Kingdom relied for many years on a combination of voluntary and self- regulatory measures. Until 1995 the only legislation dealing directly with the employment of disabled people was the Disabled Persons (Employment) Act 1944. The 1944 Act, most of which has now been repealed, introduced a quota system whereby employers with 20 or more employees had to ensure that at least three per cent of their workforce were registered disabled persons. This requirement was honoured more in the breach than the observance and was rarely enforced - there were only three prosecutions in the last 30 years, the last in 1974. The Government's introduction of the Disability Discrimination Act 1995 (DD Act), which received Royal Assent on 8 November 1995, therefore marked a radical departure from previous policy.

Moving the third reading of the Disability Discrimination Bill, the then Minister for Social Security and Disabled People, William Hague, suggested that the legislation would 'mark the United Kingdom out as one of the world leaders and the leader in Europe in the move toward comprehensive anti-discrimination legislation for disabled people' and went on to describe the Bill as 'a profound measure with significant implications for every part of the economy'.

There can be no doubt that the Act has had a substantial impact in many areas of the economy and particularly in the context of employment, which is the focus of this Handbook. According to research carried out by IDS Ltd in 2001 on behalf of the Department for Works and Pensions, between the date of the Act coming into force, 2 December 1996, and 1 September 2000, some 8,908 cases had been lodged under the employment provisions contained in Part II of the Act. This is to be compared with a mere 53 claims under the goods and service provisions contained in Part III of the Act. A copy of the IDS research (In-House Report No 91) can be downloaded from the DWP’s website.

This Handbook focuses on the definition of disability contained in Part I of the Act and on discrimination in the employment field under Part II. It also considers the role and duties of the Disability Rights Commission (DRC). It is set out as follows:

• Chapter 1 gives an overview of the operation of the DD Act and explains who is made liable and who is protected by its provisions. It also looks at the exceptions contained in the Act and at the similarities and differences between the Act and the equivalent statutes in the sex and race fields, the Sex Discrimination Act 1975 (SD Act) and the Race Relations Act 1976 (RR Act). Finally, Chapter 1 explains the reforms to the DD Act currently under review
• Chapter 2 is concerned with the definition of disability, which is crucial to an understanding of the Act since the protection it affords extends only to those who fall within the Act's definition of a disabled person
• Chapters 3 and 4 focus on the meaning of discrimination under the DD Act. Disability discrimination in employment can occur in two ways: less favourable treatment and failure to carry out a reasonable adjustment. Both of these forms of discrimination can be justified in certain circumstances
• Chapter 5 looks at discrimination by employers in particular employment situations such as recruitment, promotion and dismissal
• Chapters 6 and 7 deal with the enforcement of, and remedies for, individual complaints
• Chapter 8 considers the role the DCR plays in enforcing the provisions of the Act.

This Handbook was published in May 2002.