Out-Law / Your Daily Need-To-Know

Disability discrimination laws come into force today which give people with multiple sclerosis or cancer and people who are HIV positive the right to legal protection from the date of their diagnosis. Until now, seriously ill workers not yet exhibiting symptoms were unprotected.

This means that employers and organisations providing services to the public will no longer be able to discriminate against people – for example, by sacking them from their jobs – just because they’ve found out they are HIV positive or have cancer or MS.

Welcoming the changes, Bert Massie, chairman of the Disability Rights Commission (DRC) said:

“This closes a significant loophole in the law. We have been unable to help people who have been diagnosed with serious illnesses and then treated unfairly, because they didn’t fall under the legal definition of disability. This is plainly wrong. People diagnosed with serious long-term health conditions shouldn’t be discriminated against – full stop.”

The changes will also impact on people with mental illness who will, from today, no longer have to prove their condition is clinically well recognised to be afforded their rights under the Disability Discrimination Act (DDA).

Other new duties coming into force today will make it unlawful for local authorities and private clubs to treat their disabled members less favourably. The changes are a result of the DDA 2005, which amends the earlier DDA of 10 years ago.

Another set of obligations are due to come into force next December, requiring all public bodies in Britain to lead by example and integrate disabled people in their policy-making from the outset as well as promote 'equality of opportunity' for disabled people. This is similar to existing duties under race legislation and will be an important driver to achieve equality for millions of disabled people, according to the Government.

"Tackling inequality is right at the heart of the Government's social agenda,” said John Hutton, Secretary of State for Work and Pensions. “I'm delighted to announce that today we are delivering on our commitment to extend and strengthen disability rights to protect people from discrimination.

We are processing your request. \n Thank you for your patience. An error occurred. This could be due to inactivity on the page - please try again.