Workers with progressive illnesses or mental health conditions will be protected from workplace discrimination from today after changes to the Disability Discrimination Act.
Previously, the legislation was designed to protect workers with clinically-recognised mental conditions or physical impairments that had a long-term effect on their ability to perform their day-to-day activities.
The new legislation effectively extends these rights of protection to workers with a wider range of medical conditions, such as HIV and multiple sclerosis, and in certain cases will be effective from the day of diagnosis.
It is estimated that this change may affect at least 250,000 UK workers.
Naeema Choudry, employment partner at law firm Eversheds, said: "The same rights of protection will also be extended to workers with mental health conditions who will no longer have to show that their conditions are clinically recognised by bodies such as the World Health Organisation.
"For example, workplace stress or depression could be regarded as a disability under the new legislation," she said.
"The important thing to remember is that employees with a disability do not have to resign in order to bring a claim for discrimination and this clearly raises an important management issue for employers," she added.
COMMENTS
The DDA was a great idea, so was the DRC which helped disabled people. But so many disabled people are still told to leave or move to jobs which they either do not want or cannot do. Companies are willing to go to a tribunal knowing it may well cost £20,000 in compensation, but the chance of the disabled person getting the job back is zero.
The biggest hit on the disabled people had been the down-grading of the DRC. It is now toothless. You are told it can only give advice now and it's up to the individual disabled person to take action. And to be honest unless you can get legal aid how many disabled people can afford to take legal action?
All sounds great but after the start of the DDA in 1995, it's not altered my life. When it started I noticed shops making alterations, I watched myself go around shops in my wheelchair with ease, then I noticed shops saying to much room was lost and slowly it all returned to the old ways, I now cannot get around 95% of the shops again. Other shops have done nothing at all.
As for getting a job, companies have wised up now, you are never told you cannot get a job anymore because of your disability, your told you not suitable, and you try proving it different.
I'll admit is was a great idea, but return power to the DRC leave it to stand alone, and fund it to make a difference by taking court action on behalf of the disabled.
Rob Nather
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