The provisions of the Disability Discrimination Act 1995 are in principle very substantial, and apply to many aspects of employment. However, the exact implications of many of the provisions have not yet all been legally tested, so it will only become clear over the years how precisely the Act will apply. It is important to remember that the Act applies to organizations and companies with over 20 employees, although those with under this number are expected to abide by the spirit of the provisions.
Broadly, the position under the Act is that unlawful discrimination in employment occurs in the following circumstances:

• when a disabled person is treated less favourably than someone else;
• this treatment is given for a reason relating to that person’s disability;
• the reason does not apply to the other person, and
• the treatment cannot be justified.

Such discrimination must not occur in:

• the recruitment and retention of employees;
• promotion and transfers; training and development, and
• the dismissal process.

In addition employers must make reasonable changes to their premises or employment arrangements if these substantially disadvantage a disabled employee, or prospective employee, compared to a non-disabled person.
These provisions sound formidable and very supportive of the situation of many people with MS, and in many respects they may be; however, the detailed interpretation of the provisions of the Act awaits clarification. Many of the provisions of the Act hinge on what a
‘substantial’ disadvantage to a disabled person is, and what is ‘a reasonable’ adjustment on the employer’s part is. Nevertheless, some examples may help to clarify certain provisions:

• Employers probably cannot justify dismissing disabled employees if they were sometimes off work because of their disability, if the amount of time they take off is what the employers accept as sick leave for other employees.
• Employers cannot justify refusing to promote a person who uses a wheelchair, solely because the person’s new workstation is not wheelchair accessible, if by reasonable rearrangement it could be made accessible.
• If an employer requires someone with a particular typing speed, and someone with arthritis of the hands who applies for the job has too slow a speed, the employer has to consider whether any
reasonable adjustment could be made. If it could not, the employer can refuse to employ the person.
• Employers have to make any reasonable adjustment needed for disabled people to take part in an interview, to make sure that they would not be at a substantial disadvantage.
• If an employer has not asked about – and the disabled person has not mentioned – any particular needs, then the employer may still have to make some kind of adjustment on finding that the person has a disability, and is at a substantial disadvantage.

‘Reasonable’ changes to be expected

What ‘a reasonable change’ is for the benefit of a disabled person depends on:

• how much an alteration will improve the situation for the person;
• how easy it is to make the change;
• the cost of the measure (in terms of finance and disruption);
• the employer’s resources;
• financial, or other help, that may be available.

Examples of changes to physical features that may be required are:

• widening doorways;
• changing taps to make them easier to turn;
• altering lighting for people with restricted vision, and
• allocating a particular parking space for a disabled person’s car.

Examples of changes to procedures or practices that may be required are:
• altering working hours;
• supplying additional training;
• allocating some duties to another employee;
• allowing absences during working hours for rehabilitation, assessment and treatment;
• providing a reader or interpreter;
• providing supervision;
• acquiring or making changes to equipment;
• modifying procedures for testing or assessment, or
• transferring person to another place of work.

Further information on the provisions of the Act can be obtained from the Disability Discrimination Act Information Line. There is also a booklet containing guidance and a code of practice on employment available from the Stationery Office.

Exceptions to the Act

Although all permanent, temporary and contract workers are covered, certain organizations or work settings are not covered. These include:

• people in the armed services;
• police officers;
• fire brigade members if they are expected to take part in firefighting;
• Ministry of Defence firefighters
• prison officers and prison custody officers;
• people working on board a ship, aircraft or a hovercraft;
• people who work outside the UK;
• individual franchise holders with less than 20 employees, even if the whole franchise network has more than 20.

If employment levels fluctuate, the Act applies whenever there are 20 employees. As a different kind of exception, there are charities and organizations providing supported employment who can discriminate in favour of disabled people.
Having said that, most employers are understanding and many will go out of their way to support people in similar circumstances, and informing them of your complete circumstances will be beneficial. However, only you can judge how your employer might react to the news of your diagnosis.