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The Disability Discrimination
Act (DDA) states that it is unlawful to discriminate
(treat less favourably) against disabled people in recruitment,
employment, training and promotion. It is also a legal requirement
for employers to make reasonable adjustments and changes to the
workplace or in the way work is carried out, which could overcome
the effects of a disability. This could mean alterations in the
hours of work or physical changes.
The employment section of the DDA is applicable to employers with
fifteen or more staff and the legislation also covers the employment
of freelancers.
The
Educational Needs and Disability Act 2001 has made
amendments to the Disability
Discrimination Act 1995 (DDA)
and these changes are being implemented in three stages. The main
SENDA regulations were effective from 1st September
2002 and they made it unlawful to discriminate against a disabled
person or student by treating them less favourably than others.
This section also ensured the provision of certain types of reasonable
adjustments to provision where disabled people may be considerably
disadvantaged.
The second stage of SENDA legislation implementation will be from
1st September 2003, when there will be a requirement
for 'responsible bodies' to make adjustments involving the provision
of auxiliary aids and services.
From 1st September 2005 'responsible bodies' will also
be required to make adjustments to physical features of premises
where they are believed to place disabled people at a considerable
disadvantage.
The Learning and Skills Council's responsibilities are set out
in the Learning
and Skills Act 2000. For further information about
how the new duties will sit with the LSC's current responsibilities
as are set out in the LSA, visit the Learning
and Skills Council website.
What are the implications of the SENDA legislation for
the Learning and Skills Council?
As an employer, the LSC has to comply with the DDA; it must take
into account the amendments in work with providers; staff dealing
with providers need to fully comprehend the implications of the
DDA; and they must ensure that they sufficiently consult when planning
provision, local disabled people.
Full details of the implications for providers can be found on
the Learning and Skills
Council website. Issues arising from the new legislation
include transport, reasonable adjustments and complaints procedures,
full details of which can also be found on the LSC website.
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