The DDA applies to all employers of all sizes. Before 1 October 2004 employers with less than 15 staff were not included but they are now. The only exclusion is the Armed Forces. 

As an employer you are legally responsible for preventing discrimination in the workplace. It is unlawful to discriminate against disabled people. The DDA also says employers have to take reasonable steps to make sure that disabled people are not at a disadvantage when trying to do their job.

If you provide goods, services or facilities to the public you also have responsibilities under the DDA. Read more about service providers' responsibilities.

What is discrimination?

Discrimination includes:

Direct and disability related discrimination

Direct discrimination is when someone is treated less favourably because of their disability than someone in the same circumstances who is not disabled.

Disability related discrimination is when someone receives less favourable treatment for a reason related to their disability than someone to whom that disability related reason does not apply. The comparison does not have to be in the same relevant circumstances. 

Another key difference is justification, this only applies to disability related discrimination. You cannot justify direct discrimination or failing to make reasonable adjustments.

Victimisation

Victimisation is when a person receives less favourable treatment because they have complained of disability discrimination or helped another person who has. This can also apply to people without disabilities.

Harassment

The DDA includes a specific ban on harassing disabled employees. Harassment means unwanted behaviour that tries to, or does, violate the disabled person’s dignity, or creates an intimidating, hostile, degrading, humiliating or offensive environment. In this case the harasser’s behaviour has to be for a reason relating to the disabled person’s disability.

As an employer, you are responsible for the behaviour of your employees and others who work in your business. This means that if they discriminate against or harass disabled employees, you could be taken to the Employment Tribunal.

Premises

Employers must make reasonable adjustments to their premises for disabled employees.  If you rent your business premises rather than owning them, your landlord cannot unreasonably refuse to give you permission to make the alterations that you need. 

We can give you information to help you meet your legal duties. You can also get information from the Disability Rights Commission (DRC) (external link, opens new browser window).

Failure to comply

If you do not comply with the requirements of the DDA, and therefore discriminate against your employees, they could take you to the Employment Tribunal.

Further information

The Department for Work and Pensions (DWP) has produced a guide to the DDA for small businesses (PDF, 1.7mb (opens new browser window)). You can also find more information about all of the issues in our Your rights and Employment factsheets.

For information on building a business case around disability access visit www.realising-potential.org (external link).