These pages do not apply outside the United Kingdom.

The DDA in Outline

Who is covered?

The Disability Discrimination Act 1995 (the DDA) protects a "disabled person" against discrimination in various fields. Broadly, the person must have a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.

A stammer falls within this definition provided it has the required adverse effect, and many stammers will do so. The test is not difficult to meet. Hidden effects can also be relevant, and there are various more detailed rules which may help..

For more, see Is the stammer a disability?.

Employment

There are rules limiting how far a disabled people can be treated less favourably for a reason related to their disability. The rules apply not only to recruitment but also to such matters as promotion, training, and dismissal.

Employers also have a duty to make reasonable adjustments to accommodate a disabled person, including on recruitment and in the job itself. Harrassment is also unlawful.

For more, see Employment.

Trade organisations

This covers bodies such as trade unions, employers organisations and professional institutions. They are not allowed to discriminate against potential or actual members in various ways. I do not deal with these rules further on my web site, but the Revised Code of Practice: Trade Organisations, Qualifications Bodies and General Qualifications Bodies (Sept 2007) is available on the internet as a pdf file. It has examples specifically about speech impairments at paras 5.12 (mentoring) and 7.13 (written interview instead of oral).

I do have a page though on the rules prohibiting disability discrimination in relation to trade and professional qualifications. This affects bodies such as the General Medical Council, Law Society, Public Carriage Office or CORGI.

Provision of goods and services

Shops, businesses, local authorities, and pretty much anyone else providing goods, services and facilities to the public are prohibited from discriminating against disabled people. This applies even if the services are provided for free.

There is a possible justification defence but this will seldom apply in relation to stammering. So for example it would not normally be permissible for a business to put the phone down on you, or to refuse to listen to you (probably even if there is queue behind) just because you are taking a long time getting out what you want to say.

The main exception relates to some aspects of transport.

For more, see Provision of goods and services.

Public authorities

In general the normal rules on this page apply to public authorities, including those on employment, provision of services, and of course education. However there are some additional rules which will often apply to them:

some activities of public authorites, eg a police arrest, are not a provision of services. For this kind of situation there are specific rules against discriminating in the exercise of public functions;
there is also a Disability Equality Duty which seeks to build disability equality into the culture of public authorities. The courts have adopted a tough line with authorities whose decision-making fails to take adequate account of disability issues.

Education

Schools and post-16 education providers are obliged not to treat disabled people less favourably without justification and (to a significant extent) have to make reasonable adjustments. Some post-16 providers, eg private providers, are likely to fall within the goods and services rules (above) instead.

The education rules can extend to examinations and assessments, and also to non-educational aspects of school or college life. For schools, the special educational needs (SEN) framework is important as well as the DDA. There are special rules for trade/professional qualification bodies. General exam boards come within the DDA from September 2007.

For more, see Education.

Selling, letting or managing premises

Landlords and other persons are not allowed to discriminate against disabled people in various ways as regards the selling, letting and managment of accommodation and other premises.

I do not deal with this further on the web site but it is dealt with, along with goods and services, in the Code of Practice - Rights of Access: services to the public, public authority functions, private clubs and premises dated 2006.

Equality and Human Rights Commission (EHRC)

This took over the role of the Disability Rights Commission from October 2007. It also replaced the other equality bodies and took on new strands of discrimination, making it a 'single equality commission'. It has a helpline, and its website is www.equalityhumanrights.com.

For more, see Equality and Human Rights Commission.

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