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With many businesses now likely to have to make both structural and procedural changes to the way they operate the law is of particular note to retailers in the DIY and building sector. This is both for the changes they will have to make themselves and the assistance they may be able to offer other businesses, giving them the tools to do the job.
The new rules are part of the government’s ongoing plans to improve the situation for disabled people. Speaking last year Andrew Smith, the Work and Pensions Secretary was enthusiastic about the proposed bill: “Taken with the other measures the government has brought in, it transforms the landscape of disability rights compared to 1997 and puts Britain at the forefront of international practice.”
What the Bill actually does is to attempt to provide a similar legal situation for disabled people who are discriminated against as already exists in cases of racial discrimination. Bert Massey, of the Disability Rights Commission, believes this is very significant. “The provision for a public sector duty to promote disability equality similar to that used for race will have seismic implications in practices and policies across a wide reach of activities bringing about a systemic progress for all disabled people,” he claims.
Not surprisingly beyond government bodies some doubts have been expressed about whether the bill has achieved all it set out to. “ Disabled people have been waiting for thorough disability discrimination legislation for a long time,” Says Stephen Remington, Action for Blind People’s Chief Executive. “The disability discrimination act in 1995 was a huge step forward and we had hoped that this legislation would finish the job. It looks like our hopes are about to be dashed.”
The New Law
As one in five adults is disabled it is clear why laws that affect them are significant. When you also consider that they have a spending power of around £50 billion a year it is possible to see how addressing the issues raised by the new legislation will not only bring with them responsibilities and obligations, but also an opportunity for service providers to increase income.
The new law essentially expands existing laws that previously applied to employers of over fifteen people and makes them applicable to all service providers and employers. The discrimination could be defined as the treating of a person less favourably than others, unjustifiably. Even before the introduction of the new legislation the law says that businesses cannot refuse to serve a person because of their disability, or offer them a lower standard of service, unless there is a justifiable reason to do so.
The Disability Discrimination Act (DDA) applies to all employers, service providers and those selling and letting land or property. It also applies to any operation, either public or private, providing a service to the public regardless of whether that service is paid for or free.
Service providers, a group that includes retailers, are required to ensure that there are no physical barriers preventing disabled people from using their service. These barriers will have to be either removed, altered or people will have to be able to avoid them altogether. If these types of adjustments are not possible it may be necessary to find an alternative way of providing the service. For example a retailer could provide an internet sales and delivery service.
Definition of Disability
It is worth specifying exactly what the act is talking about in terms of disability. The definition it gives is: “A physical or mental impairment which has a substantial and long term adverse effect on [the persons’] ability to carry out normal day to day activities.” For people unfamiliar with disability in their daily lives it is easy to make the assumption that disabled just means ‘in a wheel chair’ but the bill covers all forms of disability beyond just those that concern mobility. People with impaired sight or hearing, for example, are covered and the bill also includes people diagnosed with progressive conditions: HIV, MS and cancer.
Reasonable?
The DDA’s uses the term ‘reasonable adjustments’ in defining how service providers should change their businesses to make them more accessible to disabled people. It is the vagueness of this definition that might be a cause for concern, or even dispute after the legislation has come into force.
What is meant by reasonable is what is practical and affordable in the situation, a small firm would not be expected to make the kinds of expensive alterations a national firm could afford. Examples of reasonable adjustments would be changing the height of door handles so that wheel chair users could reach them, keeping shop aisles free of clutter, and ensuring staircases have handrails.
Legal Cost
It is well worth being aware of the full implications of the new rules as if a disabled person believes you, or a member of your staff, has discriminated against them they can take action against you in a County Court. There is no upper limit on the damages that could be awarded, however it is more likely that the Disability Rights Commission would broker an agreement before this situation was reached.
Opportunity
At first glance it is easy to worry that the introduction of the DDA will just lead to greater expense for small businesses, but the government is confident that making businesses more available to people with disabilities will have positive benefits for everyone.
The 11 million people in the UK who are covered by the provisions of the act represent a considerable spending force, and will also make businesses, especially shops more appealing to an even wider variety of customers, beyond those with disabilities, including the people accompanying disabled people, customers with pushchairs or carrying heavy shopping or luggage, customers with children, and older customers.
But of course for retailers in the DIY and building sectors it isn’t just the changes that are going to have an effect on their business. A full knowledge of the requirements of the bill would give them the ability to advise customers on what is needed and make sure they have the right products in stock. It is, to be blunt, a marketing opportunity.
Never wanting to miss a trick B&Q have already been running events helping show small businesses how they can open up their services and workplaces in time for the introduction of the new law.
The DIY giant has been running the events in conjunction with the Department of Work and Pensions which aim to provide information about the DDA as well as advice from experts on disability access.
“Accessibility is very often about simple practical changes which make life easier for disabled people when shopping or going about their daily lives,” says Sue O’Neil, B&Q’s Diversity Manager. “B&Q is able to use the knowledge of their trade experts in partnership with access consultants to demonstrate low cost ideas and solutions to improve accessibility for local businesses and B&Q trade account customers.”
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Airstream Communications