Disability Discrimination Act 1995
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Disability Discrimination Act 1995
The Disability Discrimination Act 1995 (c. 50) (informally, and hereafter, the DDA) is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010, except in Northern Ireland where the Act still applies. Formerly, it made it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of goods and services, education and transport. The DDA is a civil rights law. Other countries use constitutional, social rights or criminal law to make similar provisions. The Equality and Human Rights Commission combats discrimination. Equivalent legislation exists in Northern Ireland, which is enforced by the Northern Ireland Equality Commission. History The Act was the culmination of a public campaign, and at least 100,000 people in demonstrations, to force the government to end state and business discrimination against disabled people. While the Race Relations Act 1976 and the Sex ...
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National Disability Council
The Disability Rights Commission (DRC) was established by the British Labour government in 1999. At that time, the DRC was the UK's third equality commission alongside the Commission for Racial Equality and the Equal Opportunities Commission. Its chairman from 2000 to 2007 was Bert Massie. The DRC was charged with reviewing the Disability Discrimination Act 1995 and recommending its amendment. It had rights of investigation and enforcement of disability legislation, and was responsible for advising employers on how to secure equal acceptance of disabled employees in the workplace. The DRC replaced an earlier and weaker body, the National Disability Council, established by the Conservatives in the 1990s. The passing of the Equality Act 2006 means that in October 2007, the DRC was replaced by a new Equality and Human Rights Commission with powers across all equality law (race, sex, disability, religion and belief, sexual orientation and age). The DRC was a non-departmental public ...
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Disability Discrimination Act 2005
The Disability Discrimination Act 2005 (c 13) is an Act of the Parliament of the United Kingdom. Section 20 - Short title, interpretation, commencement and extent The following orders have been made under section 20(3):The Disability Discrimination Act 2005 (Commencement No. 1) Order 2005(S.I. 2005/1676 (C. 70))The Disability Discrimination Act 2005 (Commencement No. 2) Order 2005(S.I. 2005/2774 (C. 113))The Disability Discrimination Act 2005 (Commencement No 3) Order 2007(S.I. 2007/1555 (C. 63))The Disability Discrimination Act 2005 (Commencement No. 4) Order 2010(S.I. 2010/341 (C. 27))The Disability Discrimination Act 2005 (Commencement No. 1) (Wales) Order 2007(S.I. 2007/3285 (W. 289)) References *Halsbury's Statutes ''Halsbury's Statutes of England and Wales'' (commonly referred to as ''Halsbury's Statutes'') provides updated texts of every Public General Act of the Parliament of the United Kingdom, Measure of the Welsh Assembly, or Church of England Measur ..., Extern ...
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Archibald V Fife Council
''Archibald v Fife Council'' 004UKHL 32is a UK labour law case, concerning the Disability Discrimination Act 1995. Facts Mrs Archibald was employed as a road sweeper for Fife Council. She had surgery in 1999. Sadly there were complications. She lost the ability to walk and could no longer work. The council kept her as an office worker. She was placed on the shortlist for all upcoming vacancies. As Baroness Hale said in her statement of the facts, Mrs Archibald argued at the employment tribunal that her dismissal was unlawful under s 4(2) DDA 1995 for discrimination in failing in their duty to make reasonable adjustments (s 6) and causing her substantial disadvantage, particularly the requirement for competitive interviews. The employment tribunal held that the council's treatment was justified under s 5(1)(b) DDA 1995. The request that competitive interviews be removed would have been too favourable, contrary to s 6(7). Both the Employment Appeal Tribunal and the Inner Hous ...
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Collins V Royal National Theatre Board Ltd
''Collins v Royal National Theatre Board Ltd'' [2004EWCA Civ 144 [2004] IRLR 395 is a case under the Disability Discrimination Act 1995. It concerns the duty of an employer to make reasonable accommodations for a disabled employee. Facts Mr Collins lost part of his finger in an accident at the Royal National Theatre’s carpentry shop, making his hand clumsy. He had worked there 18 years. He refused surgery and was dismissed. Judgment Sedley LJ held that there was a failure on the Theatre's part to make reasonable adjustments. On a technical point, he held that reasons why the employer had not made any effort to adjust the workplace for the employee could not be brought up in argument if they had already been dismissed when looking at whether there was a duty to make reasonable adjustments in the first place. See also *UK employment discrimination law *UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work i ...
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Jones V Post Office
''Jones v Post Office'' 001IRLR 384 is a UK labour law case, under the Disability Discrimination Act 1995. Facts Mr Jones was a Royal Mail driver. He became diabetic and insulin dependent and was removed from driving duties. The Post had done their own medical appraisal, which turned out to be wrong. He alleged that his dismissal was unfair. Judgment The Court of Appeal, in a controversial decision, held it was not. Pill LJ said "Where a properly conducted risk assessment provides a reason which is on its face both material and substantial, and is not irrational, the tribunal cannot substitute its own appraisal." Arden LJ said "the word substantial .5(3)does not mean that the employer must necessarily have reached the best conclusion that could be reached in the light of all known medical science. Employers are not obliged to search for the Holy Grail." Subsequent developments This case has been subject to considerable academic criticism, for introducing (without any apparent ...
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Clark V TDG Ltd (t/a Novacold Ltd)
''Clark v TDG Ltd (t/a Novacold Ltd)'' 999IRLR 318 is a UK labour law case concerning the Disability Discrimination Act 1995. Facts Mr Clark was injured at work (a frozen food warehouse in Hull). He was then dismissed when an orthopaedic doctor said he did not know when he would be able to start again. Judgment Mummery LJ said that the DDA drew no distinction between direct and indirect discrimination, and a justification defence is always available. The comparator was someone who was not disabled and could do the work. There certainly was discrimination, but on the question of justification, no attention had been paid to the Code of Practice. Significance Some of the comments in thiecase are no longer good law. Since Directive 2000/78/EC, there has been an amendment to the Disability Discrimination Act so that a distinction between direct and indirect discrimination was introduced, and the language of the Act clarified. '' Lewisham LBC v Malcolm and EHRC'' 008UKHL 43, 008IRLR 70 ...
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Chacon Navas V Eurest Colectividades SA
Chacon may refer to: * Chacón, a list of people with the surname Chacón or Chacon * Captain Trudy Chacon, a fictional character in the 2009 film ''Avatar'' * Chacon, New Mexico, United States, a town * Chacon Creek, a small stream in Texas, United States * ''Chacon'' (1912), a wooden fishing vessel in Alaska * ''Chacon'' (1918), a ship lost at sea in 1937 See also * Chaconne, a type of musical composition * ''Chaconne'' (ballet), a 1976 ballet * "The Chaconne", the last movement of Partita for Violin No. 2 (Bach) The Partita in D minor for solo violin (Bach-Werke-Verzeichnis, BWV 1004) by Johann Sebastian Bach was written between 1717 and 1720. It is a part of his compositional cycle called Sonatas and Partitas for Solo Violin (Bach), Sonatas and Partitas ...
, a work by Johann Sebastian Bach {{Disambiguation, geo ...
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Paul V National Probation Service
''Paul v National Probation Service'' 004IRLR 190, 003UKEAT 0290_03_1311is a UK labour law case, concerning the duty of an employer to make reasonable adjustments to accommodate employees with disabilities. Facts Mr Paul was chronically depressed, and was turned down for a job at the National Probation Service. This was on the basis of the employer's own medical report. But they did not go to ask the applicant's own doctor, or take steps to investigate how far the illness actually affected Mr Paul's potential work capability. Mr Paul claimed constructive dismissal under the Disability Discrimination Act 1995. Judgment The Employment Appeal Tribunal held that the employer did not consider its duty to adjust. It could not argue that it had no duty to accommodate Mr Paul, because a minimum step would be to look at what was possible. The simple first steps included getting advice from the claimant's own consultant and thinking about ways the job may also have been changed. See also ...
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Coleman V Attridge Law
''Coleman v Attridge Law'' (2008) C-303/06 (and AG Opinion) is an employment law case heard by the European Court of Justice. The question is whether the European Union's discrimination policy covers not just people who are disabled (or have a particular sex, race, religion, belief and age) but people who suffer discrimination because they are related or connected to disabled people. At the beginning of 2008, Advocate General Maduro delivered his opinion, supporting an inclusive approach. He said discrimination law is there to combat all forms of discrimination, including those connected to protected groups of people. Facts Sharon Coleman had a disabled son, Oliver, with bronchomalacia and congenital laryngomalacia. She worked as a secretary for a small London law firm called Attridge Law (now rebranded EBR Attridge Solicitors LLP). They accused her of using her child as a way to manipulate requests for working time. Coleman, represented by London law firm Bates Wells Braithwa ...
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British And Irish Legal Information Institute
The British and Irish Legal Information Institute (BAILII, pronounced "Bailey") provides legal information, and especially reports of cases decided by courts, in the United Kingdom generally. Decisions from England and Wales, Ireland, Northern Ireland, Scotland, the European Union, and from the European Court of Human Rights are put online. It is a partial online database of British and Irish legislation, case law, law reform reports, treaties and some legal scholarship. Background Traditionally, legal information was accessible through a law report, usually written by private individuals or groups. While court judgments have had official reports more recently, historically a court judgment would simply be spoken, and so publication of the precedents built up depended on their record by interested third parties. The Year Books, which recorded judgments from 1268 to 1535, were probably compiled by law students. Other people, like the judge Sir Edward Coke from 1572 to 1615, th ...
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Reasonable Adjustment
A reasonable accommodation is an adjustment made in a system to accommodate or make fair the same system for an individual based on a proven need. That need can vary. Accommodations can be religious, physical, mental or emotional, academic, physical, or employment related and are often mandated by law. Each country has its own system of reasonable accommodations. The United Nations use this term in the Convention on the Rights of Persons with Disabilities, saying refusal to make accommodation results in discrimination. It defines a "reasonable accommodation" as: Financial costs Employers and managers are often concerned about the potential cost associated with providing accommodations to employees with disabilities. However, many accommodations, such as moving an employee to a different desk or changing the work schedule, do not have any direct cash costs (56% in a survey of employers conducted by JANJob Accommodation Network (Updated October 21, 2020)Workplace accommodations: L ...
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Discrimination
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, disability, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including territories where discrimination is generally looked down upon. In some places, attempts such as quotas have been used to benefit those who are believed to be current or past victims ...
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