How to get in on the Disability Act

From: Telegraph.co.uk, UK - Jan 19, 2004

Is it just more red tape or could new laws championing disabled people actually profit small companies? Richard Tyler investigates

The Disability Discrimination Act extends to firms employing fewer than 15 staff in October and requires all businesses to provide equal physical access to their products and services or face the threat of prosecution.

This latest piece of regulation, which has been introduced in stages since 1996, appears to be full of pitfalls for small firms. In particular, the key test of whether an employer has acted "reasonably" to provide his services or products to a disabled person will have to be tested in court in each disputed case.

The changes mean that as of October 1, firms with fewer than 15 staff have to treat job applications from disabled people on an equal basis to able-bodied candidates. They will also have to make all "reasonable" alterations to the workplace for the benefit of existing disabled members of staff.

This includes physical access and suitable work practices such as the use of larger type in memos for partially sighted workers or vibrating fire alarms to aid deaf workers.

Firms have been banned since 1999 from enforcing policies that prevent disabled customers using their services. So a shop that refuses to admit dogs has to make an exception for a guide dog. But employers will now have to deal with all physical obstacles to service provision, such as steps, narrow corridors or a lack of lifts. A firm must either remove the obstacle, alter it or provide the service in another way, such as over the internet.

Business lobby groups acknowledge the point made by the government-funded Disability Rights Commission that many small firms are turning their back on the £50 billion annual spending power of the 8.6m seriously disabled people in the UK. But the Federation of Small Businesses also insists the Government has not fully appreciated the "genuine cost implications" of making physical changes to service delivery.

It has lobbied the Treasury to allow firms to write off the cost of the investment against their taxable income, but to no avail. "We are disappointed because it is a tried and tested route and it would fit in with the Government's agenda," said spokesman David Bishop.

The Department for Work and Pensions says the new rules "should not come as a surprise" to firms. "The DDA is not about putting people out of business," a spokesman said. But despite the lengthy run-up to implementation and significant sums of public money spent to spread the message, uncertainty over how to interpret the Act remains.

Battle Chamber of Commerce secretary Colin Smith said members attended a seminar last year organised by Hastings Enterprise that advised firms operating in conservation areas on how to approach the regulation. "We were told that as long as you make some effort to meet the needs of the disabled then you have met the requirements of the Act," said Mr Smith. "It has been recognised that in towns like Battle and Rye the same rules cannot apply. It's impossible."

Mr Smith said shops in listed buildings that could not improve access for wheelchairs could provide an alternative, such as installing a bell at the entrance so staff could serve the customer in the street. But Helen Kane, of commercial property expert Donaldsons, said the Act did not make any "exemptions" for listed buildings. "You still have to go through with the audit," she said.

The access audit is one way employers can safeguard against future claims, though the DRC warns that an audit report does not constitute a watertight defence. Businesses are also advised to buy a copy of the DRC's code of practice, adherence to which will be seen as a plus in court.

The DRC has set up a national register of auditors who will, for a fee, establish whether a business measures up. Its own literature suggests the smallest firms need not go to the expense of an audit but should instead read the guides on its website.

To illustrate a suitable approach, the DRC cites the case of a small beauty salon that has a step at its entrance and limited space inside. The owners have already installed handrails to help customers up the step, and lowered the door bell. They then draw up a list of changes and remove the large mirrors in the foyer which the DRC says could confuse visually impaired people.

When the firm next redecorates it improves the colour contrast in the salon and changes the door handles, signs and toilet facilities.

Many small firms already recognise the business case for employing disabled staff and catering for their needs as customers. Shropshire-based Norman and Teresa Pearce altered their 16th century public house, the Sun Inn, to cater for disabled and elderly patrons over eight years ago.

Mr Pearce widened the front door and made the pub's four levels accessible by ramps. He also pays attention to detail, such as using pint glasses with easy-to-hold handles. "People are scared of [the legislation] but when I go into a pub or a shop I see that it can be completely wheelchair friendly for the cost of a bag of cement," he said.

Mr Pearce said he would see changing a few steps into a ramp as "reasonable" but thought "it would probably not be reasonable" to expect a business to alter say 10 steps because, in the case of a pub, it would mean a significant loss of table space.

He said it was logical to make his business as customer-friendly as possible. "We get a lot of elderly people coming to Shropshire on holiday. If you have a family of four and you can't let the wheelchair through, you lose the family," he said.

Useful links

• Access to Work - advice and grants for employers hiring disabled staff. Go to the "employers" section of www.jobcentreplus.gov.uk

• DisabledGo - local guides to firms supplying goods and services that have been made accessible to disabled people: www.disabledgo.info

• Typetalk/TextDirect - a service for deaf people to access goods and services over the telephone. Firms can contact deaf customers using the BT-operated service by adding the prefix 18002 before their number. Typetalk offers a free training service for firms. Call 0800 7311 888.

• Employers' Forum on Disability: www.employers-forum.co.uk

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