Recruiting and employing disabled people

What the law says on employing disabled staff

The Disability Discrimination Act (DDA) 1995 makes discrimination on the grounds of disability unlawful. Employers may not discriminate against a disabled person when recruiting, employing, promoting, dismissing or making redundant members of staff.

Where discrimination occurs "on the grounds of" disability, this is counted as direct discrimination and cannot be justified.

Discrimination also occurs when a person is, for a reason related to their disability:

• unjustifiably treated less favourably than others
• subjected to harassment
• victimised

Discrimination also occurs when an employer fails to make a reasonable adjustment in relation to a disabled person. Reasonable means in proportion to the situation and your circumstances, balancing the costs involved and your resources.

A reasonable adjustment is any action that an employer takes so that a disabled employee or job applicant is not placed at a disadvantage in comparison to others. This could include adjustments to recruitment, selection, training, staff benefits and purchasing of or modification to equipment. It also includes making adjustments to the premises, adjusting and/or adding flexibility to work patterns and rest breaks, and giving disabled employees time off for medical appointments or recuperation.

The law formerly applied only to businesses with 15 or more employees, and certain occupations such as firefighters and police. The law was extended on 1 October 2004, to cover employers of all sizes, and most previously exempt occupations.

Get guidance on changes to employment law regarding disabled people from the Disabled Rights Commission website.

Find guidance on best practice and available help for disabled employees from the Employers' Forum on Disability website.

Subjects covered in this guide

• Introduction
• The business case for employing disabled people
• Advice on disability and funding for employers
• Recruiting disabled people to work for your business
• Helping disabled employees in your business
• When an employee becomes disabled
• What the law says on employing disabled staff

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