Disability Discrimination Act 1995-Reasonable Adjustments

So what is a reasonable adjustment, to comply with DDA?

At present, the best guide as to what is likely to be a reasonable adjustment are the regulations in force for employees, the Disability Discrimination (Employment) Regulations 1996.

Work that satisfies current building regulations affecting access to, and facilities for, the disabled means an employer will not have to alter those facilities. If consent is needed to carry out alterations, it is not reasonable for those works to be carried out without consent, but consent should be applied for (even if it is not likely to be granted). It is probable that similar provisions will apply to service providers.

If consent to alter the physical aspect of a property is needed from a Landlord, the Landlord cannot unreasonably withhold consent. The provisions of the Act will override any provisions in the lease even if the lease prohibits alterations.

One final thought needs to be given to listed buildings. The DDA states: nothing in this Act makes unlawful any act done in pursuance of any enactment, or more simply other legislation will have precedence. For example there is no obligation to make alterations to premises if planning or similar permission cannot be obtained. Nor if planning consent to the alterations can be obtained, but the adjustments required are unreasonable, through excessive expense or radical alterations to historic buildings, for instance.

As with any new legislation, the DDA may require you take specialist advice, particularly as each situation and property may have individual problems and requirements associated with them.

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