Disability Discrimination

2657 WordsMar 28, 200811 Pages
Disability Discrimination Act 1995 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 1995 and find out what effect they have had on disabled people in employment. 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 1995). The disability discrimination act 1995 was introduced to outlaw discrimination against disabled employees in the UK and covers…show more content…
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. Disability related discrimination Section 3A(1) of the Disability Discrimination Act states that an employer discriminates against a disabled person if the discrimination is related to the persons disability or if the treatment they receive differs from the treatment of persons without a disability unless the employer can actually justify the less favourable treatment. In Jones v Post office (2001) Mr Jones worked as a driver for the postal service when he developed diabetes. After discovering his disability Mr Jones’s employers removed him from his driving duties for health and safety issues, as their policy was that any drivers receiving insulin treatment should not carry on in their existing role in case they suffered a hypo attack whilst driving. 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. Mr Jones was unhappy at this decision and went to the Employment tribunal who accepted Mr Jones’s claim of disability discrimination on the basis that the limiting his driving hours was not justified. The tribunal
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