The disability discrimination act was introduced to outlaw discrimination against disabled employees in the UK and covers prospective, current and former employees, whether full-time, part-time or temporary. However, inthere was a newer act put in place, the Equality Act which took over the Disability Discrimination Act, although the principles still exist where they will protect all people which are disabled in some way.
If another employee had been off sick for 5 months then they would have been dismissed as well Thompson law website, The employers could have had the employee undertake a medical examination and with the results draw up any reasonable adjustments, such as changing his particular job or adjusting his existing position to accommodate his current needs.
The employers could have had the employee undertake a medical examination and with the results draw up any reasonable adjustments, such as changing his particular job or adjusting his existing position to accommodate his current needs.
However, these concepts are insufficient to deal with the issues of disability discrimination. It is now unlawful to treat a disabled person less favourably than another person without a disability, unless the employer can justify less favourable treatment Pitt, The test in this case would be to compare the treatment the disabled employee received with someone else who is not disabled.
In schools, there are also many changes which have been made to ensure that all students are treated equally. This could be on the grounds of their disability than the employer treats or would treat someone without that disability whose relevant circumstances including their abilities are the same or not materially different from those of the disabled person DDA, s.
The legislation also included an obligation on the employer to make reasonable adjustments the workplace where a disabled person is placed at a substantial disadvantage compared with people who are not disabled Pitt, Examples of the types of disability the act covers could be; cancer, diabetes, multiple sclerosis, heart conditions, hearing or sight impairments, mobility difficulties, mental health conditions or learning difficulties Equality and Human Rights Commission.
The employer in this particular case should of established how bad his disability was and seen if there were any reasonable adjustments that Disability discrimination act 1995 essay have been made to help the employee return to work.
Having been off work for five months Mr Clark had insufficient service levels to claim unfair dismissal and had to rely on the Disability Discrimination Act. Definition of disability A disabled person is someone who has a physical or mental impairment which has a substantial and long term adverse effect on their ability to carry out normal day to day activities section 1 1 DDA The process includes filling out an application form and waiting a long time for an assessment for things to even begin to change, this can be really negative to the disabled people, especially when the attention is immediate, for example after a car accident if someone was to become unexpectantly paralysed.
Furthermore, for the physically disabled and blue badge holders, there are also now disabled car parking spaces in almost every car parking spaces, as well as in many places for example Waitrose, which offer help the disabled to shop and have specific staff trained to help the disabled.
In Jones v Post office Mr Jones worked as a driver for the postal service when he developed diabetes. This type of discrimination can be found in the case of Clark v Novacold The Employment Appeal Tribunal also agreed with this ruling. By taking these steps the employer could be sure they have done all they can for the employee and safeguard themselves from any legal action as their dismissal would be justified.
The core concepts in the DDA are, instead: This failed as there was not now appointed to monitor these rights and as such was toothless.
The Act therefore permits employers and service providers to justify less favourable treatment and in some instances failure to make a reasonable adjustment in certain circumstances.
There are also disabilities which are organ specific, these may include having a heart attack, liver failure, a stroke etc. After reviewing their decision they allowed Mr Jones to return back to his driving duties limiting his driving hours to two hours in any twenty four. This made it a legal requirement for companies with over employees to employ a quota of disabled persons.
By comparing the treatment of Mr Clarke to someone else it is clear to see that the employers had acted reasonably.the Disability Discrimination Act It has been nearly 20 years since the Disability Discrimination Act was adopted in order to put an end to discrimination against disabled people.
Consider whether the Equality Act has achieved equality for disabled employees.
Use case law to illustrate your argument. Place this order with us. The disability discrimination act was introduced to outlaw discrimination against disabled employees in the UK and covers prospective, current and former employees, whether full-time, part-time or temporary. Disability Discrimination Act in the workplace and its effect on employment Introduction The act was introduced with the view to eliminate discrimination amongst disabled people in employment, throughout the assignment I will critically analyse the different areas of the Disability Discrimination Act and find out what effect they.
Disability Discrimination Act Essay. Length: words (4 double-spaced pages) Rating: Strong Essays. Open Document. Essay Preview. Disability Discrimination Act This act was passed in The disability act protects disabled people in: * Employment * Access to goods, facilities and services * The management, buying or.
Jan 08, · Disability Discrimination Act in the workplace and its effect on employment Introduction The act was introduced with the view to eliminate discrimination amongst disabled people in employment, throughout the assignment I will critically analyse the different areas of the Disability Discrimination Act and find out what.
Disability Discrimination Act Essay Sample. Inthere was a Disability Discrimination Act put in place which ensured that people with disabilities were treated equally to everyone else, this meant it was illegal to discriminate against disabled people in relation to employment, the provision of goods and services, education and.Download