Information for employers and service providers
What is a disability?
The DDA defines a disabled person as a person with 'a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities'.
The definition includes any impairment resulting from or consisting of a mental illness. The Disability Discrimination (Northern Ireland) Order (DDO) 2006 amended the original Act to remove the requirement for the mental impairment to be 'clinically well recognised' with effect from 1 October 2007.
Conditions that are therefore not regularly diagnosed by a doctor may now be covered as well as the more well known illnesses such as anxiety, depression, bipolar disorder and schizophrenia. It is not possible to provide an exhaustive list of conditions that qualify as impairments for the purposes of the Act.
However, anyone who has an impairment including one resulting from a mental illness will still need to meet the requirements of the definition as set out, in order to demonstrate that they have a disability under the Act.
One of the questions is whether a person is disabled for the purposes of the Act is generally determined by reference to the effect that impairment has on that person's ability to carry out normal day-to-day activities. A person also has to show that their "impairment" has a substantial effect on particular activities. These activities are as follows:
- mobility
- manual dexterity
- physical coordination
- continence
- ability to lift, carry or otherwise move everyday objects
- speech, hearing or eyesight
- memory or ability to concentrate, learn or understand perception of the risk of physical danger.
The other question is to obtain protection under the DDA a person has to demonstrate that their impairment lasted for at least 12 months, is likely to last for at least that period, is likely to last for the rest of the person's life or is recurrent.
If a person is being treated with medication to control or alleviate their impairment then the DDA disregards this and the person is still treated as being disabled for the purposes of the DDA.
The DDO also amended the law for people from the point of diagnosis of cancer, HIV and MS such that they are automatically covered by the DDA.
The DDA also applies to people who have experienced mental ill health or cancer in the past. The courts ultimately decide who meets the statutory definition.
Downloads: DDA fact sheet on definition
DDA booklet on definition
Disability discrimination in employment
The Disability Discrimination Act (DDA) says that it is unlawful for an employer to discriminate against a disabled person:
- in the terms of employment offered;
- in the opportunities for promotion, transfer, training or receiving any other benefit;
- by refusing to offer the disabled person, or deliberately not offering, any such opportunity; or
- by dismissing them, or subjecting them to any other negative treatment.
This law covers all aspects of employment including redundancy and references. The key aspect of this legislation is the reasonable adjustment duty - reasonable adjustments in recruitment - for example changing the time of the interview so it does not coincide with treatment for an individual with cancer. Other reasonable adjustments could include the timing of training for a person with HIV who requires regular breaks to take medication with food. Reasonable adjustments are about removing the barriers for people with HIV, cancer, MS and mental ill health when applying for work, or staying in work. The law also covers harassment and victimisation.
Downloads: Overview of employers' duties - Fact Sheet 6 - Revised
Employment and Occupation - Disability Code of Practice
Reasonable adjustments in employment for people with mental ill health
Mental health survivors and people with mental health impairments may require reasonable adjustments to get the job done. Some people may never require any adjustments, others may require more at different times. Reasonable adjustments are individual to the person. All employers are required to identify what adjustments will overcome either physical features or provisions, criteria or practices which substantially disadvantage a disabled person. The employer cannot justify the failure to make a reasonable adjustment where the duty arises.
Reasonable adjustments are practical solutions which will remove the disadvantage for the disabled person. There are no hard and fast rules about what is 'reasonable' as this will vary for individuals as well as for different organisations.
Here are some examples of reasonable adjustments that might work:
- making changes to premises for example moving their work station so they are not easily distracted
- giving some of their duties to another employee
- allowing absences during working hours for doctor and hospital appointments including therapy
- allowing them to work flexible hours to overcome fatigue from medication
- providing instructions or reference manuals in accessible formats such as easy read
- providing parking places close to work to help people manage anxiety attacks
- providing training for staff on schizophrenia or other mental health impairments to remove attitudinal barriers
- providing increased support, supervision or mentoring for people with mental ill health.
Failure to make a reasonable adjustment can never be justified. This is not an exhaustive list of reasonable adjustments. What is reasonable depends on a number of factors including:
- How effective the adjustment is in preventing the disadvantage
- How practical it is
- The financial and other costs and the extent of any disruption
- The extent of the employer's financial or other resources
- The availability to the employer of financial or other assistance to make the adjustment
- The size and type of business
Financial assistance is available to employers from the access to work scheme in the local job centre.
Downloads: Overview of employer's duties - Fact Sheet 6 - Revised
Year:2006
Employment and Occupation - Disability Code of Practice
Year:2005
Reasonable adjustments for people with cancer, MS and HIV
People with HIV, cancer and MS may require reasonable adjustments to get the job done. Some people may never require any adjustments, others may require more at different times. Reasonable adjustments are individual to the person.
People with HIV, cancer and MS may require reasonable adjustments to get the job done. Some people may never require any adjustments, others may require more at different times. Reasonable adjustments are individual to the person.
Reasonable adjustments are practical solutions which will remove the disadvantage for you. There are no hard and fast rules about what is 'reasonable' as this will vary for individuals as well as for different organisations.
Reasonable adjustments could include the following:
- making changes to premises
- giving some of the duties to another employee
- allowing absences during working hours for doctor and hospital appointments
- allowing the person to work flexible hours to overcome fatigue from medication
- providing training on cancer, HIV and MS in the workplace
- providing increased support, supervision or mentoring.
The DDA does, however give employers some guidance to help them decide whether or not a particular adjustment is reasonable.
Downloads What Employees and Job Applicants Need to Know - Revised
Year:2006 (190kb, 600kb, 31 pages)
Guide to the DDA for people with cancer, HIV and MS
Further information and support
Cancer
CIPD - Working with cancer
CIPD Cancer and working:guidelines for employers, HR and line managers
Mental Health
CIPD Recovery, rehabilitation and retention: maintaining a productive workforce
What is a disability?
The same definition for disability applies to employment, education and access to goods, facilities and services. The DDA defines a disabled person as a person with 'a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities'.
The definition includes any impairment resulting from or consisting of a mental illness. The Disability Discrimination (Northern Ireland) Order (DDO) 2006 amended the original Act to remove the requirement for the mental impairment to be' clinically well recognised' with effect from 31October 2007.
Conditions that are therefore not regularly diagnosed by a doctor may now be covered as well as the more well known illnesses such as anxiety, depression, bipolar disorder and schizophrenia. It is not possible to provide an exhaustive list of conditions that qualify as impairments for the purposes of the Act.
However, anyone who has an impairment including one resulting from a mental illness will still need to meet the requirements of the definition as set out, in order to demonstrate that they have a disability under the Act.
One of the questions is whether a person is disabled for the purposes of the Act is generally determined by reference to the effect that impairment has on that person's ability to carry out normal day-to-day activities. A person also has to show that their "impairment" has a substantial effect on particular activities. These activities are as follows:
- mobility
- manual dexterity
- physical coordination
- continence
- ability to lift, carry or otherwise move everyday objects
- speech, hearing or eyesight
- memory or ability to concentrate, learn or understand perception of the risk of physical danger.
The other question is to obtain protection under the DDA a person has to demonstrate that their impairment lasted for at least 12 months, is likely to last for at least that period, is likely to last for the rest of the person's life or is recurrent.
If a person is being treated with medication to control or alleviate their impairment then the DDA disregards this and the person is still treated as being disabled for the purposes of the DDA.
The DDO also amended the law for people from the point of diagnosis of cancer, HIV and MS such that they are automatically covered by the DDA.
The DDA also applies to people who have experienced mental ill health or cancer in the past. The courts ultimately decide who meets the statutory definition.
Downloads: DDA fact sheet on definition
DDA booklet on definition
Changes to service provision
It is estimated that 20% of the population have a disability in Northern Ireland. This figure does not include the people diagnosed with MS, HIV and cancer - approximately another 15,000 people. People with mental ill health which is not clinically well recognised will also have the protection of the law. Aproximatly 1 in 4 people have mental ill health in Northern Ireland.
Service providers will not be able to tell if customers have disabilities such as MS, HIV, cancer or mental ill health as they are invisible impairments. It is estimated that approximately 25% of people with MS will use a wheel chair. Part 3 of the Disability Discrimination act places an anticipatory duty on all service providers to plan the accessibility of their services and they should not wait for the first person with HIV, MS, cancer or mental ill health approaches their services.
The publication What Service Providers need to know will explain discrimination and give helpful hints.
Code of Practice - Rights of Access, Goods, Facilities , Services and Premises
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Contact details
If you require any information or advice, you can contact the enquiry line on:
Equality Commission for Northern Ireland
Equality House
7-9 Shaftesbury Square
Belfast BT2 7DP
- Telephone: 028 9089 0890
- Textphone: 028 9050 0589
- Fax: 028 9024 8687
- E-mail: information@ equalityni.org
- Website: www.equalityni.org
