Disability Discrimination Act (UK)

This page is about epilepsy and the Disability Discrimination Act in the UK. If you are looking for information about disability discrimination in other countries, then please contact your local epilepsy organisation which should be able to help you.   

What is the Disability Discrimination Act?

The Disability Discrimination Act (DDA) is a law that makes it illegal to discriminate against disabled people. Under the DDA discrimination can occur when:

• a disabled person is treated less favourably than someone else; and
• the treatment is for a reason relating to the person's disability; and
• this treatment cannot be justified.

The DDA also requires employers, service providers and those in education to make "reasonable adjustment" for a disabled person. Failure to do this may also be discrimination.

What areas of life does the DDA cover?

The DDA covers buying goods, using services, finding somewhere to live, getting a job, education in schools and further education.

I don't feel disabled because of my epilepsy. How can the DDA apply to me?

The DDA does not list conditions by name. Instead it sets out different rules. One rule states that in order to be covered by the Act a person's medical condition has to be long term. Epilepsy is a tendency to have more than one seizure so it is considered to be long term. Even people with epilepsy whose seizures are totally controlled with medication are covered by the DDA. This is because the Act considers what the effects of a condition would be without treatment. Even people who have had epilepsy in the past and no longer have seizures or take medication are covered. This is because the DDA covers people who have had a disability in the past.

What does the DDA mean for people with epilepsy in particular?

In the workplace, the DDA means that there can no longer be `blanket rules' about people with epilepsy. For example, in the past, a job advert may have required all applicants to hold a driving licence, whether or not driving was an important part of the job. This is clearly discriminating against many people with epilepsy. If the employer fails to make a reasonable adjustment, such as accepting the use of public transport or the occasional taxi, this could also be discrimination. There could be other ways an employer could make adjustments for people with epilepsy. For those who have sleep seizures, perhaps being able to start later in the morning would be helpful. And some extra time away from work to attend hospital appointments may also be needed.

From 1 Oct 2004, service providers may have to make other 'reseasonable adjustments' to their premises so that there are no physical barriers stopping or making it unreasonably difficult for you to use their services.

In an educational setting, for a pupil who experiences absence seizures, it may be reasonable to provide some written information at the end of a lesson to help them catch up on things missed.

The DDA also means that people with epilepsy cannot be refused a service, such as having a meal in a restaurant, or a landlord cannot refuse to let property just because someone has epilepsy. These are just a few examples.

The word justified has been used. How can discrimination ever be justified?

Under the DDA there are three main ways that discrimination or failure to make adjustment are `justified'.

• the Armed Forces are excluded under the Act — see our information on employment restrictions
• Health and Safety: where to employ or provide services to a disabled person would put that person or others at risk (for example allowing someone with uncontrolled seizures to work as a fire fighter).
• Unreasonable adjustment: where making adjustment would not be reasonable (for example a night club would not be expected to completely change its lighting so that it no longer provided the atmosphere its customers would expect).

What can I do if I think I have been discriminated against?

Firstly, you may like to try and resolve the situation with the person concerned. If it is about employment, and you are a member of a union, they could support you in this. There is also the Advisory, Conciliation and Arbitration Service (ACAS) or in Northern Ireland the Labour Relations Agency (LRA). These organisations will try to settle the dispute without the need to go to an industrial tribunal.

If you decide to take your case to an Industrial Tribunal, again, your union representative can support you. If the complaint is about goods, facilities or services, land or property or post-16 education and you cannot resolve it informally, you can take your case to the County Court (in Scotland, the Sheriff Court). You may wish to contact a solicitor such as Russell Jones and Walker to help with your case.

If the issue is concerning pre-16 education, you should speak to the head teacher in the first instance. If this does not resolve the issue, ask the school or the relevant education authority for their complaints procedure. If you are still not happy, the Equality and Human Rights Commission (EHRC) may be able to take up the case or refer it to Disability Conciliation Service iif you live in England, Scotland or Wales. If you live in Northern Ireland, contac the Equality Commission. You may also be able to take your claim to a tribunal. Most claims are heard by the Special Education Needs and Disability Tribunals (SENDIST).

Where can I get advice and further information?

• The Epilepsy Action Freephone Helpline can give general advice and information. It also has details of a free Assessment scheme offered by solicitors specialising in the DDA. Call on 0808 800 5050.
• The Equality and Human Rights Commission (EHRC) helpline provides information and advicein England Scotland and Wales.  Their legal department also takes on a limited number of cases each year. Contact them by phone on 08457 622 633..
• The Equality Commission provides advice and information in Northern Ireland.
• The Community Legal Service can suggest local organisations, such as the Citizens Advice Bureau or Law Centre, that can provide free legal advice. Their phone number is 0845 608 1122.
• SENDIST: Contact by telephone on 0870 606 5750 or by email to tribunalqueries@sendist.gsi.gov.uk.
• Citizens Advice Bureau (CAB) offer free, confidential and impartial advice on many issues including legal matters. Find out where your local CAB is by calling 020 7833 2181 or visiting http://www.nacab.org.uk/.
• ACAS (Advisory, Conciliation and Arbitration Service
• Labour Relations Agency (Northern Ireland)

The text of the legislation can be found here:

• Disability Discrimination Act 1995
• Special Educational Needs and Disability Act 2001