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Relationship between Employers and Employees under the DDA
Our above web pages have largely been concerned with the relationship between
a ‘service provider’ and the general public. (A service provider being any
organisation or enterprise which offers either products or services to members of
the public), including the dramatic responsibilities now imposed on service
providers towards disabled members of the public from 2004.
However, as all employers know, the DDA has also enforced certain provisions
against employers towards their own workforce.
From December 1998 employers with 15 or more employees have been under
duties under the DDA towards their employees. Thus until the implementation of
Part III of the DDA in 2004 employers with less than 15 employees have not been
covered by the employment discrimination provisions. (Before 1st December 1998
the number was 20).
The Government has now accepted that the ‘below-15 employees exemption’
be fully abolished from October 2004. The abolition of the exemption is required
by the European Framework Directive passed in November 2000. (Changes to the
DDA for Northern Ireland are made separately from changes for Great Britain.
Northern Ireland will also need to abolish the small employers exemption, but may
do so with effect from a date other than October 2004).
Some changes are to be made to the examples of steps published by the
Government which an employer may need to take to comply with the duty to make ‘reasonable adjustments’.
One new addition to the examples is Staff Training in disability issues
(Statutory Instrument 2003 No.1673 of the Disability Discrimination Act 1995
Amendment Regulations 2003, Section 18B(2) in regulation 17(2)).
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