The Disability Discrimination Act 1995 ("The DDA") has applied
to police officers since October 2004. The DDA protects you from discrimination if you have a disability.
This is defined as a physical or mental impairment which has a substantial and long term adverse effect on normal day to day activities.
Long term means having lasted or being likely to last for at least 12 months. Normal day to day activities are affected if one of the following is affected: mobility, manual dexterity, physical coordination, continence, ability to lift/carry, speech, hearing or
eyesight, memory or the ability to concentrate, and the perception of the risk of physical danger.
For the purposes of establishing whether a person has a disability, the effect of medical treatment is disregarded.
There is no definition of impairment under the DDA and a mental impairment does not need to be clinically well recognised. Some conditions are deemed to be disabilities such as cancer, HIV, multiple sclerosis.
Discrimination in employment
There are various kinds of discrimination under the DDA which
are unlawful in an employment context. These include:
Direct discrimination - This occurs where a disabled person is
treated less favourably on the ground of their disability, than a
person not having that particular disability.
Disability related discrimination - This occurs where, for a reason
which relates to the disabled person's disability, a disabled person
is treated less favourably than others to whom that reason does
not or would not apply is or would be treated, and the treatment
cannot be justified.
Failure to make reasonable adjustments - Broadly speaking, a
duty to make reasonable adjustments to remove or reduce
disadvantage to the disabled person arises where an aspect of
the force's arranges and practices set up places a disabled person
at a substantial disadvantage.
Harassment - this occurs where, for a reason which relates to a
person's disability, a person engages in unwanted conduct which
has the purpose or effect of violating the disabled person's
dignity or creating an intimidating, hostile, degrading,
humiliating or offensive environment for the disabled person.
The duty to make reasonable adjustments
The law requires your force to make reasonable adjustments to
your working practices or work environment to ensure you aren't
disadvantaged compared to other officers. However, unless the
force is on notice of the disability they will not be under a legal
obligation to consider reasonable adjustments.
It would suffice if it could be shown that the force ought to have
been aware of the disability, but it is safest to ensure that a line
manager or HR are aware of the condition.
Adjustments include adapting premises, reallocating duties,
altering hours, modifying or acquiring equipment, or transferring
you to an existing vacancy.
When deciding whether adjustments are reasonable, your force can
take their resources and the cost into account, as well as the
impact of the adjustment.
Enforcement and compensation
A DDA claim must be lodged within 3 months less one day of
the act of discrimination complained of. The DDA also contains
provisions for a questionnaire to be served to try to elicit further
information.
A questionnaire can be served at any time prior to a claim being
lodged or up to 28 days after the claim is lodged. If successful,
compensation can be awarded under general legal principles
including damages for loss of earnings and injury to feelings.
Tribunals can also recommend your force makes specific adjustments in your workplace.
Police cases
The Home Office has produced detailed guidance,
"Disability and the Police: The Complete Works". This contains
some useful examples of how the law protecting you from
disability discrimination might work in practice.
If a complainant is successful in their complaint of unlawful
discrimination, the Tribunal may grant whichever of the
following remedies it considers "just and equitable":
A declaration on the rights
• of the parties
• A recommendation that the Respondent takes a particular
course of action
• Compensation (plus interest)
Compensation may include awards for injury to feelings,
aggravated damages, loss of congenial employment, and any
actual and/or future financial loss, for example loss of earnings
and pension losses.
There is no limit on the amount of compensation that can be
awarded, but a complainant will only be compensated for the
losses which they can show were directly caused by the unlawful
discrimination as found by the Tribunal.
