Understanding the law

We believe that all employers should adopt a best practice approach to the employment and retention of disabled people. A best practice approach can reduce your risk under the Disability Discrimination Act (DDA) and help you anticipate the needs of disabled employees.

Employers and the DDA

Under the DDA it is unlawful for an employer to treat a disabled job applicant, or an employee, less favourably, simply because of their disability, i.e. worse than someone without that disability when all surrounding circumstances including the abilities of the disabled person, are the same. This type of direct discrimination is unlawful and cannot be justified.

It is also unlawful for an employer to treat a disabled person less favourably for a reason related to their disability unless the treatment can be justified. Less favourable treatment can only be justified if there is a material (i.e. relevant to the specific circumstances of the particular case) and substantial reason for it.

It is also unlawful for an employer to harass an employee because of their disability. An employer also has a duty under the DDA to make reasonable adjustments to prevent a disabled employee from being places at a substantial disadvantage by any physical feature of the premises, or by any provision, criteria or practice of the employer.

The duty applies to all aspect of employment, including recruitment and selection, training, transfer, career development and retention.