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October 2004: the Disability Discrimination Act and your Business

Issue date

October 2004: the Disability Discrimination Act and your Business

Factsheet 1: Changes to the Disability Discrimination Act (DDA) from 1 October 2004

Factsheet 2: Understanding disability

Factsheet 3: Accessibility checklist

Help and information

Factsheet1: Changes to the Disability Discrimination Act (DDA) from 1 October 2004

If you provide goods, facilities or services to the public or if you employ fewer than 15 people, you need to know about important changes to the Disability Discrimination Act (DDA) from 1 October 2004.

The implications for service providers

· One in five adults is disabled. Their spending power is around £50 billion per year, yet many of them have difficulty accessing goods and services.

· You already have duties under the DDA. You cannot, for example, refuse to serve a disabled person or provide a lower standard of service because of their disability, unless this can be justified. And you may be under a duty to make reasonable adjustments in the way you provide your services to them.

· From October 2004 some new duties come into force. These are all about physical access. If there are any physical barriers that are preventing disabled people from using your service, you may have to make reasonable adjustment to make your services more accessible by removing, altering or helping people avoid these barriers . Where this is not possible, you may have to provide the service in a reasonable alternative way.

The implications for small employers

· From 1 October 2004 employers with fewer than 15 staff are covered by the employment duties of the DDA for the first time. This means that, like larger companies, you will need to make sure you don’t discriminate against disabled employees or job applicants because of their disability and you may have to consider making reasonable changes to your workplace or employment policies.

The definition of ‘reasonable’ changes

· The DDA only requires you to be ‘reasonable’. This means you will only need to do what is practical and affordable in your situation. For example, it might not be reasonable for a small firm with a tight budget to make the kind of structural alteration that a national company could easily finance.

Physical changes to premises : many of these are simple and low cost, like changing the height of a door handle so that a wheelchair user can reach it, keeping aisles clutter-free and putting handrails up staircases. Factsheet 3 has more suggestions.

Employment changes: again many of these can be straightforward, such as allowing someone time off for treatment, providing work-related information in an accessible format such as large print, Braille or audio tape and holding interviews in an accessible location.

If a disabled person believes that you have discriminated against them because of their disability, you could be taken to an employment tribunal or have a civil case brought against you. You may have to pay compensation if the tribunal or court decides that you have discriminated unlawfully.

Factsheet 2: Understanding disability

There are about 10 million disabled adults in Britain covered by the Disability Discrimination Act. Their impairments are wide-ranging and they face different barriers in employment and in accessing goods and services. This factsheet provides some information about different types of impairment, practical steps you can take to make your business accessible to disabled people and ways of providing good customer service.

Type of impairment

Accessibility issue

Customer service issue

Mobility

· Width of doorways and aisles
- consider width required for wheelchair access

· Height of counters and handles

· Evenness of flooring
- inside and out

· Accessibility of WC facilities

· Provide a seat for someone who cannot stand for long and bring things to them

· Sit down to talk to a wheelchair user so they do not have to crane their neck to see you

· Do not lean on their wheelchair. It is part of their personal space

Sight

· Colour contrast
- on signs
- between floors, walls, ceilings and doors

· Literature and signage
- size of print
- use of Braille and other tactile alternatives

· Clutter and hazards
- keep floors and aisles clear

· Identify yourself when first speaking to a blind person

· Stand still so a person with partial sight can maintain eye contact with you

· If guiding someone, allow them to hold your arm, rather than vice versa, so they are in control

· Do not move away without telling them

Hearing

· Have pen and paper handy to write messages

· Additional auxiliary aids
- eg. a hearing aid loop

· Alarm systems
- have a visual as well as audible alarm

· Always maintain eye contact with someone who is lip-reading

· Make sure your face is well lit, keep hands away from your mouth and speak normally and clearly

· Minimise background noise

Speech

· Disability awareness training
- to help staff communicate more effectively

· Clear signage and labelling
- some people with a speech impairment will avoid asking for help

· Speak slowly and clearly

· Be patient and listen - do not correct or speak for the person

· If you do not understand, ask them to repeat themselves

· Ask questions that require yes or no answers if possible

· Don’t put the phone down if you hear a few seconds silence at first

Learning disabilities

· Signage
- clear, concise and consistent

· Write in plain language and use pictures and images

· Disability awareness training
- to make staff aware of different behaviours and how to react

· Be patient and listen

· If you do not understand, ask the person to repeat themselves

· Speak slowly and clearly

· Use pictures, symbols and simple written information where possible

‘Hidden’ impairments,

eg: arthritis, asthma, dyslexia, epilepsy and mental illness

· Don't make assumptions about what anyone can or cannot do, their impairment may not be obvious and they may require additional assistance

Further information

www.drc-gb.org Comprehensive information from the Disability Rights Commission on the requirements of the Disability Discrimination Act, including useful publications for small businesses.

www.radar.org.uk RADAR (the Royal Association for Disability and Rehabilitation). Its site is a useful portal for links to an extensive range of other disability websites.

http://fast-forward.scope.org.uk/emp l oyers/etiquette For guidelines on the practical issues of working with disabled people.

Factsheet 3: Accessibility checklist

This is a starting point for working out how accessible your premises are. All businesses are different, so it will not cover everything that is relevant in your particular case. Put yourself in the position of a disabled person when you are working out what solutions would be best for your business. For a more detailed assessment, you can speak to an access auditor (see www.nrac.org.uk) or get a copy of Access audits: a guide and checklists for appraising the accessibility of public buildings from the Centre for Accessible Environments (www . cae.org.uk).

Checkpoint

Some practical suggestions

A. Approaching and entering

1. Can disabled people park near your premises?

· Have disabled parking bays

· Consider making staff spaces available by prior arrangement

· Ensure you can inform people where the nearest car park is

2. Is the entrance easy to find from the street or car park?

· Make the door a different colour to adjacent windows

· Make the name and number of the premises clearly visible - signs which hang perpendicular to the building can be useful

3. Is the entrance wide enough for all users?

· Consider width for wheelchair users

· If doorway cannot be widened, install a doorbell

· Have glass panels in front door to see who is outside

4. Is the front door at street level?

· Install a permanent or temporary ramp (alongside steps)

· Provide an alternative entrance accessible for all users

· Speak to local council about the possibility of raising the street level

5. Is the door easy to open?

· Put door handle at an accessible height for wheelchair users

· Use an easy-grip handle in a distinguishable colour

· Install a magnetic device which holds doors open

· Consider a low-energy automatic door operator

B. Moving around

1. Is it easy to get around the premises?

· Ensure doormats are flush with the floor and avoid bristle matting

· Remove clutter, widen aisles, ensure floors are not slippery

· Put handrails each side of stairs and consider use of a ramp or lift

2. Is signage clear?

· Keep simple, short and clear (24pt text for shelf bar labels)

· Have good contrast with background (eg. black on white)

· Use visual or pictorial symbols in addition to words

3. Is the lighting as good as it could be?

· Keep windows, lamps and blinds clean

· Avoid glare by keeping highly reflective surfaces away from signs

· Light up faces from the front rather than behind

· Use extra lighting to highlight internal steps and safety hazards

4. Are floors, walls, ceilings and doors easily distinguishable?

· Use matt paint in contrasting colours or different tones

5. Is the alarm system and procedure effective?

· Supplement audible alarms with visual alarms

· Ensure staff know how to assist disabled people in an emergency

C. Using facilities

1. Do your staff know how to serve disabled customers effectively?

· Allow more time

· Talk directly to the disabled person, not a companion

· Have notepads for exchanging notes

· Accompany a blind person round the shop

· Consider disability awareness training for all staff

2. Can all customers access goods and services?

· Try to provide all key facilities on the main floor

· Place popular products on a mid-height shelf

· Consider lowering the counter height for wheelchair users: provide a lap tray or clipboard if lower counter section is not available

3. Is seating available if necessary?

· Have somewhere people can sit down while they are waiting to pay

· Use flexible seating, with and without armrests, and with space for a wheelchair user to pull up alongside a seated companion

4. If public WC facilities are necessary, are they accessible to all?

· Consider modifying the space to full wheelchair accessible standards, including getting to and from the toilet

· If this is not possible, ensure you can tell people where the nearest accessible toilet is

5. Are alternative facilities available if modifications cannot be made?

· Consider providing the service in an alternative, accessible location either by appointment or perhaps on a regular basis

· Provide an at-home service and make sure customers know about it

Help and information

Department for Work and Pensions: For their free DDA information pack and video, tel. 0845 124 9841, textphone 1 800 1 0845 124 9841 or email DDAinfopack@meads-ltd.co.uk

Disability Rights Commission: Provides support and advice on a wide range of issues relating to disability. For their free Practical Guide for Small Businesses, tel. 08457 622 633, textphone 08457 622 644 or download it on www.drc-gb.org

National Register of Access Consultants: To get advice on whether your premises are accessible, you can contact an access auditor via www.nrac.org.uk. You will be charged for an audit. You could also seek the views of disabled people or representative organisations.

This factsheet is also available in alternative formats.

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