On December 5 more provisions of the Disability Discrimination Act come into law. Are you ready?
By Rebecca Caws of thePublican.com's team of legal experts from London solicitors Joelson Wilson.
You have probably heard the radio advert which asks whether you would keep an employee who suffers from back trouble and cannot stand for long periods of time, suggesting you might think it is not worth the bother, only to reveal that the 'employee' they are referring to is President Kennedy.
The advert reminds us that discriminating against a disabled person is an easy option but goes on to show that by taking the easy option we may miss out on a major advantage.
The advert is part of a push to highlight the issues faced by disabled people in the UK, coupled with recent changes in legislation relating to disability. You will already be aware that since last year pubs, bars and clubs are under a duty to make reasonable adjustments to ensure that disabled people can gain access to the goods and services they provide. But further changes are on the way.
From December 5, 2005, certain provisions of the Disability Discrimination Act 2005 will be in force, which will potentially affect a large number of people. The changes most likely to affect pubs, clubs and bars are summarised below.
First, there is a general change to the definition of disability. A mental illness no longer needs to be 'clinically well-recognised' to be the basis of a disability. Also people suffering from cancer, HIV and MS will be classed as disabled from the point of diagnosis.
This extends the number of people who will potentially be protected by the Act but means that employers and service providers must be aware that they may owe duties to more people than they previously thought.
For pubs, bars and clubs (among others) there will be a new questionnaire system in place for people who believe they have been discriminated against in relation to access to goods and services. If these questionnaires are not replied to within eight weeks of receipt a court of tribunal could look unfavourably upon the premises in question. So, if you receive a questionnaire, treat it seriously - you may not like the consequences of ignoring it.
Private members' clubs will also be affected by the Act, but only those who have 25 members or more. It will be unlawful for a club to refuse or limit the terms of membership for a disabled person, or refuse or limit the manner of access to its services for a disabled person whether as a member, associate or guest.
Clubs will also be under a duty to make reasonable adjustments for a disabled person. This will all be new to clubs, so it is important that club members and owners get to grips with the new obligations as soon as possible, to avoid any costly mistakes.
Finally, adverts for appointments or benefits will be unlawful if they imply that consideration will be given to whether or not the applicant suffers or used to suffer from a disability. Adverts implying reluctance to comply with the duty to make reasonable adjustments for disabled people will also be unlawful. This now applies to the person or business publishing the advert as well as the person or business creating it. So, if you need seasonal staff this Christmas, be very careful about the wording of your adverts as it may have reprisals for other businesses as well as your own.
If you wish to find out more about the new provisions and how you can prepare for them you can visit www.disability.gov.uk.