Drc calls for wider disability legislation

Chairman of the newly formed Disability Rights Commission, Bert Massie, has drawn attention to what he considers the UK's laggardly approach to accommodating the needs of disabled people. Speaking as he was barred from boarding a ScotAir flight because he was not able to climb the steps to the plane, Mr Massie called for disability legislation to apply more widely in the UK.

The requirements introduced by the Disability Discrimination Act 1995 (DDA) will be known to most workplace managers. From 1 October 1999 service providers have been required to take reasonable steps to change practices, policies and procedures to make it easier for disabled people to use their services. From October 2004, there will be an additional duty to make 'reasonable adjustments' to physical aspects of the premises to enable disabled people to use them.

However, as the ScotAir case shows, workplace managers should also be aware that there are certain exclusions where provisions of the DDA do not apply, including:

Transport:The airline industry is exempt, as are buses, coaches, taxis and trains. Separate regulations apply to access standards for the latter. It should nevertheless be noted that buildings such as airports, bus and railway stations are subject to the provisions of the DDA.

Education: The education sector is exempt, as are some services which are closely related to it. This is another area where the DRC is currently active, last week taking legal action against Clitheroe Royal Grammar School after it refused to take a 15 year-old pupil on an overseas trip. The DDA does apply already, though, to non-educational services which are provided by a school, college or university on its premises - for example the provision of sports facilities to the public.

Private clubs: where clubs can be truly said to be 'private members only', they will be exempt. A private club might be defined as having membership criteria which do not readily admit the general public. As such, leisure clubs and most golf clubs will probably not be considered private clubs. If private clubs do provide services to non-members, they will again be covered by the DDA.

Special cases: special rules apply to services provided in the areas of insurance, deposits and guarantees.

Mr Massie has indicated at a recent conference for facilities managers that the DRC's attitude to enforcing the DDA will be sympathetic and partnership-orientated. However, he has also said that the Commission will use force if it has to, and as this latest case underlines, even where a service provider may find itself technically on the right side of the law, there can be no excuses for discriminating against disabled people needlessly.

Further information on the DDA is available from the Disability Rights Commission's helpline, tel. 08457 622 633. The DRC has offices in London, Manchester, Cardiff and Edinburgh.

This document is for general guidance and research purposes only, and does not purport to give professional advice. Please check the date at the top of the article; the Workplace Law Network retains historic articles for general research.