In on the Act: The Disability Discrimination Act
|
|
A new series of quick guides to major employment legislation, putting key information at your fingertips and bringing you up to date with the latest developments. This week Elaine Aarons/Owen Warnock of law firm Eversheds look(s) at the Disability Discrimination Act and the Government’s proposals to plug some of the loopholes which have been allowing employees to miss out on protection Employees currently have no protection under the Disability Discrimination Act if they are not “disabled”. This is not as sensible as it sounds because people can be vulnerable to discrimination merely because an employer thinks they are disabled, or fears an existing illness will develop into a disability. The DDA gives some protection to people who have medical conditions which cause only a limited impact but which are likely to develop to the point where there is a substantial effect on day-to-day activities. Early stages This inclusion was intended to deal with the risk that if a diagnosis is made at an early stage, before a condition has developed, an employee might suffer discrimination and yet have no legal protection. For example, an employer might dismiss someone in the early stages of cancer to avoid the legal obligations which would arise if the disease developed in such a way as to have a more substantial effect on the person’s ability to carry out day-to-day activities. More : personneltoday.com |