Information for person with multiple sclerosis

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 Disability Discrimination (Northern Ireland) Order 2006 amended the original Act so that from the point of diagnosis of MS a person is considered disabled for the purposes of DDA.

You do not need to consider yourself disabled, in fact most people who have protection under the DDA do not consider themselves disabled. Before 31 October 2007, progressive conditions such as cancer, MS and HIV have been covered by the DDA from the moment that condition leads to an impairment which has some effect on day-to-day activities and will have a substantial effect in the future.

The change in the law makes it clearer for individuals, employers and service providers. Everyone who has a diagnosis of cancer has protection under DDA.

Certain conditions are not considered impairments under the DDA:

• tendency to steal, set fires, and physical or sexual abuse of others
• exhibitionism and voyeurism
• hayfever, if it doesn't aggravate the effects of an existing condition
• addiction to or a dependency on alcohol, nicotine or any other substance, other than the substance being medically prescribed.

The courts ultimately decide who meets the statutory definition.

Downloads: DDA fact sheet on definition
DDA booklet on definition
Statutory Guidance on matters to be taken into account in determining questions relating to definition of disability (this has not been revised to take account of the changes)

What does the DDA mean for me?

The DDA makes it unlawful for you to be discriminated against in:

• Employment and occupation
• Trade organisations and qualification bodies
• Access to goods, facilities and services
• Management, renting or buying land and premises
  
• Education

The DDA gives you protection at work from discrimination because of your MS or for a reason relating to your MS. If you are living with MS, there may be times when you feel ill or you may experience side effects from medication and this impacts on you at work. There may be reasonable adjustments which could assist you with alleviating this disadvantage e.g. working flexible working hours or reallocating work just after changes in medication.

This applies to membership of a union, renting a property, obtaining a qualification or in education. This also applies when accessing a service to the public (eg. hospitals, solicitor's offices, hotels, etc.)

Downloads: A Guide for Everybody - Revised

Do I have to declare that I have a diagnosis of MS?

The DDA does not say that an employee or job applicant must declare a disability to an employer or prospective employer. Many people living with MS do not consider themselves to be disabled and do not like the label. Often people with MS are reluctant to declare a disability because of the stigma and discrimination they have faced when applying for work or in work. Under health and safety legislation you have a duty to declare any health condition which may put you or others at risk. It is important to note that health and safety law requires that you reduce the risk so far is reasonably practicable.

The advantages of telling an employer about your diagnosis of MS means that you will not have to explain the side effects of medication or be worried about trying to conceal the impairment. It does depend on the employers understanding of MS.

An employer does have the right to consider your suitability for the post but this also means they have to consider what reasonable adjustments you might need before they make a decision. Employers have to abide by Data Protection law which safeguards confidentiality of personal or medical details.

Information about how the local disability advisor who can assist you with finding work or staying in work.

Downloads: Asking employees and job applicants about disability - Fact Sheet 7 - Revised
Year:2006 (60kb, 4 pages)

Reasonable adjustments in employment

People with 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.

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 you. There are no hard and fast rules about what is 'reasonable' as this will vary for individuals as well as for different organisations.

Try to be clear in your own mind about what disadvantages you face in doing your job and what steps could be taken to resolve these difficulties. This should help you to negotiate the best solution for both yourself and your employer.

Reasonable adjustments could include the following:

• making changes to premises for example redeployment
• giving some of the duties to another employee
• allowing absences during working hours for doctor and hospital appointments
• Adjusting or modifying examinations, training materials, and times of training
• Providing qualified readers or interpreters
• Providing reserved car parking close to the building where you work
• Altering physical facilities to make them accessible and usable.

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
Click here for Guide to the DDA for people with cancer, HIV and MS

Your rights when accessing services and premises

The DDA gives you rights when you use services like the library, a restaurant, the bank and the local doctors' surgery. It does not matter if the service is provided for free or for a cost. This also means you have the right to equal treatment when accessing health and social care. There are special rules about what is considered a service to the public.

The DDA makes it unlawful to discriminate against a disabled person by:

• refusing to provide a service without justification
• providing a service of a lesser standard without justification
• providing a service on worse terms without justification
• failing to make reasonable adjustments to the way services are provided
• failing to make reasonable adjustments to physical features.

You also have rights when buying, renting land or property and in relation to housing lists not to be discriminated against because of your disability. It is unlawful for a person managing any premises to discriminate against a disabled person occupying those premises. This includes harassment.

Downloads A guide for everybody - Revised
Year: 2006 Disability Discrimination Law (525kb, 31 pages)
DDA Code of Practice - Rights of Access to Goods, Facilities, Services and Premises
Year: 2003 (800kb)

Your rights in school

If you have MS then you have rights at school under disability discrimination legislation. The disability discrimination legislation for education is called the Special Education Needs and Disability (Northern Ireland) Order 2005 (SENDO).

It is important to differentiate between what are your rights under the special educational needs framework and what are you rights under the disability discrimination duties. SENDO does not change the way an assessment of additional educational support for a pupil is carried out, or how a statement of the help required is made, reviewed or changed. You may wish to contact the Equality Commission for Northern Ireland to clarify this complex issue.

SENDO states that responsible bodies (Boards of Governors or proprietors) have a legal duty not to discriminate against disabled pupils or prospective pupils in all aspects of school life, including the following areas:

• The provision of education and associated services
• Admissions
• Expulsions

Examples of the range of activities that may be covered by the term 'education and associated services' include:

• preparation for entry to the school
• admission arrangements
• the curriculum
• teaching and learning
• classroom organisation
• timetabling
• homework
• access to school facilities
• after school clubs and activities provided by schools to their own pupils
• school sports
• school policies
• breaks and lunchtimes
• the serving of school meals
• interaction with peers
• assessment and exam arrangements
• school discipline and sanctions
• suspension / expulsion procedures
• school clubs and activities
• school trips
• work experience
• counselling services
• medical support
• preparation for the next phase of education

This is not an exhaustive list.

Downloads Summary guide to Disability Discrimination duties for the Schools Sector

Your rights in further and higher education

If you have been diagnosed with MS then you have rights in further and higher education. The Disability Discrimination legislation for education is called the Special Education Needs and Disability (Northern Ireland) Order 2005 (SENDO). There are different types of discrimination in further and higher education than in schools.

Students in further and higher education have protection against the following types of discrimination:

• Direct
• Disability
• Failure to make a reasonable adjustments
• Harassment
• Victimisation.

Direct discrimination cannot be justified. Special rules apply in circumstances where disability discrimination results from the application of a competency standard. The competency standard is complex and you will find further information in the publication titled Changes to SENDO in relation to further and higher education.

Most universities and further and higher education colleges have disability services which assist with adjustments to physical features and can work with you on adjustments in examinations, and during the year to overcome issues such as fatigue.

Downloads Changes to SENDO in relation to further and higher education (from 1 September 2006) - Briefing document
Year: 2006

Information and Support

There are a number of organisations who have developed resources and materials for people with MS

Action MS |
MS Society |

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 Disability Discrimination (Northern Ireland) Order 2006 amended the original Act so that from the point of diagnosis of MS, a person is considered disabled for the purposes of DDA.

Most people with MS do not consider themselves disabled people. Before 31 October 2007, progressive conditions such as cancer, MS and HIV have been covered by DDA from the moment that condition leads to an impairment which has some effect on day-to-day activities and will have a substantial effect in the future.

The change in the law makes it clearer for individuals, employers and service providers. Everyone who has a diagnosis of MS has protection under DDA.

Certain conditions are not considered impairments under the DDA:

• tendency to steal, set fires, and physical or sexual abuse of others
• exhibitionism and voyeurism
• hayfever, if it doesn't aggravate the effects of an existing condition
• addiction to or a dependency on alcohol, nicotine or any other substance, other than the substance being medically prescribed.

The courts ultimately decide who meets the statutory definition of disability.

You only have the protection of the DDA if you have been diagnosed with MS, have MS or had MS and not if you are a carer of a person with MS.

Downloads DDA fact sheet on definition
DDA booklet on definition
Statutory Guidance on matters to be taken into account in determining questions relating to definition of disability ( this does not take  account of the changes)

Discrimination in employment

The DDA makes it unlawful for an employer to discriminate against a disabled person in relation to recruitment and selection and retention of staff. This law covers all aspects of employment including redundancy and references.

Employers cannot apply less favourable treatment because of MS based on blanket assumptions about what people with MS can and cannot do. Employers have a duty to consider what reasonable adjustments might overcome any substantial disadvantages people with MS might experience.

For example, a person with MS might need more breaks due to fatigue. This will be dependent on each individual who will have different symptoms.

Harrassment and victimisation are also provisions within the law.

Downloads Overview of employers� duties - Fact Sheet 6 - Revised
Year:2006
Detailed information Employment and Occupation - Disability Code of Practice
Year 2005
A Guide to 'Unseen' Disabilities for Small Businesses'.

Reasonable adjustments in employment for people with MS

It is often easier to make reasonable adjustments for people with a visible or physical disability. People with 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. 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 it is more accessible
• allowing absences during working hours for doctor and hospital appointments including counselling
• allowing them to work flexible hours to overcome fatigue
• reserving a parking space close to the building for those who have mobility impairments

Failure to make a reasonable adjustment can never be justified. 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.

Managing attitudes can be central to how the DDA works in practice. Co- workers and line managers may be afraid, over-helpful or resentful of reasonable adjustments that have been made for an individual with MS. Sometimes if symptoms are invisible or have remitted, then people don't believe the person has a medical problem particularly MS related fatigue.

Downloads Overview of employer's duties - Fact Sheet 6 - Revised
Year:2006
Employment and Occupation - Disability Code of Practice
Year 2005
A Guide to 'Unseen' Disabilities for Small Businesses'.

Where can I go for information and support?

Contact the enquiry line for the Equality Commission for NI for information on disability discrimination at 90 890 890 or by submitting this form.

Other organisations which have produced information and resources for employers on DDA and MS:

Employers Forum on Disability (NI) www.efdni.org
The Employers Forum has produced a factsheet on progressive and fluctuating conditions which you may find useful. Employers Forum for Disability www.employers-forum.co.uk

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 Disability Discrimination (Northern Ireland) Order 2006 amended the original Act so that from the point of diagnosis of MS, a person is considered disabled for the purposes of DDA.

Most people with MS do not consider themselves disabled people. Before the 31 October 2007, progressive conditions such as cancer, MS and HIV have been covered by the DDA from the moment that condition leads to an impairment which has some effect on day-to-day activities and will have a substantial effect in the future.

The change in the law makes it clearer for individuals, employers and service providers. Everyone who has a diagnosis of MS has protection under DDA.

Certain conditions are not considered impairments under the DDA:

• tendency to steal, set fires, and physical or sexual abuse of others
• exhibitionism and voyeurism
• hayfever, if it doesn't aggravate the effects of an existing condition
• addiction to or a dependency on alcohol, nicotine or any other substance, other than the substance being medically prescribed.

The courts ultimately decide who meets the statutory definition.

Downloads: DDA fact sheet on definition
DDA booklet on definition
Statutory Guidance on matters to be taken into account in determining questions relating to definition of disability

Discrimination in education

A new law relating to disability discrimination in education came into effect on 1 September 2005. The law is called the Special Educational Needs and Disability (Northern Ireland) Order 2005 (also known as SENDO). The law applies to schools, Education and Library Boards, universities and colleges of further and higher education including teacher training and agricultural colleges. It is important to note there has been an amendment to the further and higher education section of SENDO in September 2006.

It is against the law for education providers to discriminate against you in the following areas:

• admissions (including placing requests)
• the curriculum, teaching and learning and other services which are provided wholly or mainly for students - including school trips and outings, school sports, leisure facilities and school meals, libraries and learning centres, work experience and student accommodation
• by excluding you from an education institution or course.

There is a duty to make reasonable adjustments in further and higher education

SENDO does not change the way an assessment of additional educational support for a pupil is carried out, or how a statement of the help required is made, reviewed or changed.

Downloads: Overview of the Special Educational Needs and Disability Order (NI) 2005 - Fact Sheet 11
Year: 2005
Summary guide to Disability Discrimination duties for the Schools Sector
Year: 2006
Changes to SENDO in relation to further and higher education (from 1 September 2006) - Briefing document
Year: 2006

What are reasonable adjustments for students with MS?

Under SENDO, education providers in further and higher education have an anticipatory duty to make reasonable adjustments to meet the needs of disabled students.

Further and Higher education colleges have to make reasonable adjustments to:

• a provision, criterion or practice, other than a competency standard, is applied by or on behalf of a responsible body,
• it is a provision, criterion or practice relating to-
• the arrangements for determining admissions to the institution, or
• to student services provided for, or offered to, students by the responsible body, and
• that the provision, criterion or practice placed disabled persons at a substantial disadvantage in comparison with persons who are not disabled.

It is the duty of the responsible body to take steps as are reasonable, in all the circumstances of the case, to prevent the provision, criterion or practice having that effect. The reasonable adjustment duty also applies to the physical features of premises.

One very important substantive change to the reasonable adjustment duty as a result of the Regulations is that it will no longer be possible for a responsible body to justify a failure to comply with the duty. Therefore, where the duty arises, all reasonable steps must be taken to fulfil it and a failure to do so will not be capable of being justified.

There are a number of long term health conditions that may interfere with a student's ability to participate fully in university life - attending lectures and tutorials, completing assignments and examinations etc.

Some examples of reasonable adjustments could include the :

• change of lecture to an accessible location
• extended time at examinations and for assignments
• alteration of time of day for exams as fatigue or medication could be affecting the individual
• information technology solution
• providing a student with a note taker/taped lectures
• adjusting policies on deadlines for assignments if the student has been off ill
• reasonable consideration for lateness and absences
• reasonable time off for treatment.

Students with MS may have difficulties with extreme fatigue as a side effect of the condition.

There are a number of publications on steps colleges and universities can take to include all students with disabilities. You can download or print these off from the publications/SENDO section of the main Equality Commission web site. www.equalityni.org

Where can I go for more information and support?

There are a number of publications on steps colleges and universities can take to include all students with disabilities. You can download or print these off from the publications/SENDO section of the main Equality Commission web site. www.equalityni.org

Here are some websites you may find useful:
www.skillni.org.uk

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 Disability Discrimination (Northern Ireland) Order 2006 amended the original Act so that from the point of diagnosis of HIV, a person is considered disabled for the purposes of DDA.

Most people with MS do not consider themselves disabled people. Before 31 October 2007, progressive conditions such as cancer, MS and HIV have been covered by the DDA from the moment that condition leads to an impairment which has some effect on day-to-day activities and will have a substantial effect in the future.

The change in the law makes it clearer for individuals, employers and service providers. Everyone who has a diagnosis of MS has protection under DDA.

Certain conditions are not considered impairments under the DDA:

• tendency to steal, set fires, and physical or sexual abuse of others
• exhibitionism and voyeurism
• hayfever, if it doesn't aggravate the effects of an existing condition
• addiction to or a dependency on alcohol, nicotine or any other substance, other than the substance being medically prescribed.

The courts ultimately decide who meets the statutory definition of disability.

Downloads: DDA fact sheet on definition
DDA booklet on definition
Statutory Guidance on matters to be taken into account in determining questions relating to definition of disability

What does the DDA mean for service providers?

If you are disabled person and you think you have been discriminated against in trying to use a service, for example a shop or a bank, you may want to do something about it. All service providers are covered by the DDA, large and small, private and public sector, whether the service is free or paid for. This includes, but is not limited to, services and facilities such as:

• shops and restaurants;
• banks and building societies;
• doctors and dentist surgeries;
• bus and railway stations;
• insurance companies;
• churches and other places of worship; and
• hotels and guest houses etc.

Some services are excluded from Part 3 of the DDA. These are:

• Education and some services closely related to education. However, these areas are covered by the Special Educational Needs and Disability (Northern Ireland) Order 2005 (SENDO) and by Part 4 of the DDA (SENDA) in Great Britain.
• Transport: Bus stations, train station and airports are covered. The means of transport are not. However, they will be covered under new regulations, the Disability Discrimination (Northern Ireland) Order 2006
• Clubs: refer to the Disability Discrimination (Northern Ireland) Order 2006
• Some services such as insurance provision or financial services which involve deposits and guarantees also have special rules.

It is unlawful for service providers to discriminate against a disabled person by:

• Refusing to provide (or deliberately not providing) any service. An example would be a general practice surgery refusing a person with MS because of their disability.
• Providing service of a lower standard or in a worse manner - this would cover things like harassment of disabled customers, or being offhand or rude.
• Providing service on worse terms. For example, someone with MS is booking a holiday. The travel agent asks him for a larger deposit than required from other customers after seeing the declaration of MS on the insurance. The travel agent believes, without good reason, that because of his disability he is more likely to cancel his holiday. This is likely to be unlawful.

Service providers also have to make reasonable adjustments to enable disabled people to use their services. In fact they have an anticipatory duty which means they have to consider adjustments before disabled people use their services. That includes providing extra help or making changes to their premises to help people with mobility problems.

Insurance might be a particular concern. There are special rules about this in the DDA. For example, if you apply for life insurance, holiday, private health insurance or car insurance, you cannot be refused or have worse terms applied to you unless the company bases this on reliable and relevant information and acts reasonably having looked at all the relevant factors.

In October 2004, rules known as the physical features duties of the DDA became law. These rules mean that service providers have to take reasonable steps to overcome physical barriers which stop, or make it difficult for, disabled people using a service.

Further information is available in the following booklets

Downloads: A Guide For Everybody - Revised
Disability Discrimination Act-What Service Providers Need to Know - Revised
FAQs

Where can I go for more information and support?

You can contact the enquiry line in the Equality Commission for NI

Other organisations which may assist you are listed in the publication 'What service providers need to know'