New Disability Codes of Practice: Prevention IS Better than Cure

The Disability Rights Commission (DRC) has recently published two new Codes of Practice, in draft [reported on the Workplacelaw Network, 1 September 2003]. They are:

- the Employment and Occupation Code; and
- the Trade Organisations and Qualifications Bodies Code.

The Codes have been issued for consultation purposes and the DRC is seeking feedback on them. Comments should be made by 30 November 2003.

Both draft Codes comply with forthcoming changes in disability legislation likely to come into force in October 2004. Those changes include the removal of the exemption for small employers - all employers will require to comply with the Disability Discrimination Act. Police forces, partnerships and qualification bodies will also be covered by that Act.

The Codes provide a guide to good practice and they will be referred to in relevant employment tribunal proceedings.

The main message of the Codes is that prevention is better than a cure. The aim of both Codes is to assist in eradicating discrimination against disabled persons and to help employers and others avoid contravening legal obligations imposed by the Disability Discrimination Act. The Codes can also be used by managers, HR advisors and lawyers to resolve disability discrimination issues. Courts and employment tribunals may also use them.

The Employment and Occupation Code (which extends to 126 pages) provides practical examples and guidance on all the main aspects of the Disability Discrimination Act including the following:

- an explanation of what discrimination and harassment is and the duty to make reasonable adjustments;
- avoiding discrimination, making reasonable adjustments and justifying less favourable treatment on the grounds of disability;
- discrimination in recruitment and in the terms of employment;
- discrimination against contract workers, office holders, police officers and others;
- discrimination in occupational pensions and group insurance services; and
- in providing employment services.

The Code on Trade Organisations and Qualifications Bodies (76 pages) spells out their obligations in terms of the Disability Discrimination Act. It includes practical guidance on the following:

- the duties of trade organisations including a definition of what they are ("an organisation of workers or of employers or of any other organisation whose members carry on a profession or trade for the purposes of which the organisation exists");
- particular guidance on qualifications bodies as well as an appropriate definition of them ("an authority or body that can confer, renew or extend a professional or trade qualification");
- discrimination and harassment and how to avoid it;
- making reasonable adjustments and justifying less favourable treatment.

The Codes can be accessed on the DRC website at:
www.drc.org.uk/campaigns/consultation.asp

Employers, managers and others who have an awareness of the finalised Codes may find them of use in the following situations:

- understanding the legislative requirements;
- updating equal opportunities and harassment policies; - auditing current practices for compliance with existing requirements and implementing the changes required next year; - training purposes; and - dealing with specific issues as and when they arise.
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.