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Part 2 of the DDA places duties on employers, regardless of the size of the organisation.

What duties do employers have?

Employers have a duty:

  • not to treat disabled people less favourably than others for a reason relating to their disability, unless this can be justified
  • to make reasonable adjustments to assist disabled employees or applicants for employment

How can employers meet their duties?

One way employers can meet their duties is by making ‘reasonable adjustments’ in three main areas:

  • practices, policies and procedures
  • the provision of auxiliary aids and services
  • overcoming barriers created by physical features of premises

The duty of provision of a reasonable adjustment is triggered when an individual disabled person applies for a job, is taken on as an employee, or it becomes apparent that an existing disabled employee requires some form of adjustment.

Unlike Part 3 of the DDA, there is no general or anticipatory duty under Part 2 to make provision for disabled people – it is a reactive duty. In effect, this means that employers need to consider what adjustments they can make for employees and potential employees on a case-by-case basis.

Reasonable adjustments for individual employees may include:

  • widening a doorway
  • providing a ramp
  • moving furniture
  • relocating light switches
  • replacing door handles
  • relocating shelves
  • providing adequate visual contrast

What is ‘reasonable’?

The DDA states that employers are required to make reasonable adjustments to ensure that disabled employees are not put at a substantial disadvantage.

What is deemed ‘reasonable’ may consider:

  • the effectiveness of the step in preventing the disadvantage
  • the practicability of the step
  • the financial and other costs of the adjustment
  • the extent of any disruption caused
  • the extent of the employer’s financial or other resources
  • the availability to the employer of financial or other assistance to help make an adjustment
  • the nature of the employer’s activities, and the size of its undertaking

Therefore what is deemed reasonable for one employer may not necessarily be reasonable for another.

For further guidance on employment duties under the DDA, refer to the Code of Practice: employment and occupation.