The Disability Discrimination Acts 1995 and 2005 affect everyone who provides services to the public. Both Acts are now fully in force.

The definition of "disability" in the Acts is extremely wide and covers both physical and mental impairments. It also, from December 2005, includes sufferers of HIV, cancer and multiple sclerosis from the point of diagnosis. It has been estimated that 9 million people in the UK are classed as having a disability in terms of the Acts.

To see what you or your business needs to do, try answering these 5 questions. If you answer YES to any of them, then it's time to act!

1. Do you or your company use premises which the public accesses, e.g. shop, clinic, showroom?
2. Do you supply services to members of the public, e.g. third party premises, telephone information services, printed information?
3. Do you have employees?
4. Do you have a website for public use?
5. Are you a public body, or do you carry out functions of a 'public' nature?

The legislation is complex but effectively there has for some time been a requirement for businesses and public bodies to have anti-discriminatory policies in place in respect of employees and customers and to have taken positive steps to make their services more accessible to disabled persons. There are also obligations to make reasonable adjustments to "physical features" of premises to make those services more accessible. For example:

Your Human Resources Manager has recently updated the office manual. This now states that "everyone will be given an equal opportunity to work here and we will not discriminate against customers or employees on grounds of disability". You have also taken steps to have staff available to assist disabled customers. Although these steps probably fulfil the older obligations on employers and service providers, since October 2004 the obligations have been more onerous and may involve alterations to the building itself. For example, it may be necessary to incorporate ramps, wider doors and lower light switches for wheel chair users, Braille signs and colour contrasting décor for the visually impaired, or a visual fire alarm for the deaf.

This shows that there were basic requirements to be fulfilled previously and these had to be translated into more rigorous (and potentially costly) obligations as more Parts of the Acts became applicable. The obligations now affect everything from the physical features of the building your company inhabits to its recruitment and employment policies, and its dealings with the public.

Penalties

Failure to comply with your obligations under the Acts could lead to substantial claims for damages, an order to meet the requirements of the Acts at your expense and, ultimately, damaging publicity.

If you have not already done so, by acting now you can minimise the risk of being found in breach of the multiple obligations imposed by the Acts.

Advice

Shepherd and Wedderburn can assist you and your organisation in identifying the actions which should be taken to reduce your exposure to claims under the Acts. This advice includes:

• an assessment of your company's business and the spheres that might be affected by the Acts;
  
• an overview of property related issues, such as:
  
  • the physical features of a building which must be compliant;
    
  • how the Acts will impact on obligations contained in building regulations, leases etc;
    
  • considerations for occupiers and those involved in developing or managing property;
    
• an examination of your recruitment and employment policies; and
  
• an IT health check for your website.

For more information contact Lynne Scott.