Disability discrimination - Can you afford to get it wrong
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From 1 October 2004 significant changes came into force regarding the Disability Discrimination Act (DDA) which have widened the scope of protection for employees. At the same time, case law has developed to introduce positive burdens on employees when looking at reasonable adjustments. The Employment Appeal Tribunal has just upheld what is thought to be the highest award for compensation for injury to feelings in a disability discrimination case, providing a timely reminder of the potential importance of the DDA when operating a business. One of the main changes to the DDA which came into force on 1 October 2004 was the removal of the small employers exemption. Beverley Ensor, an Employment specialist at Manchester solicitors dent, raven + marsdens explains “prior to 1 October 2004, employers who employed 15 or fewer employees were not bound by the provisions of the DDA, however this exemption has now been completely removed meaning that it no longer matters whether an employee has 1 or 100 employees, they are bound by the DDA.” As Beverley goes on to comment, “the extension of the DDA now even includes employees who are employed in a private household, for example nannies, meaning that individuals who employ people in their home are also obliged to comply with the DDA.” The DDA now contains specific provision for new, additional claims of harassment and victimisation, in a way which mirrors other discrimination legislation. More : onrec.com |