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Disabled access to buildings: law in force today

OUT-LAW News, 01/10/2004

From today, every business should be more user-friendly for Britain's 10 million disabled people. But according to a new report, businesses on 80% of Britain's biggest high streets are ill-prepared.

The Disability Discrimination Act was passed in 1995. It came into force in different stages. For instance, obligations on web site operators to make their sites accessible have been in force since 1999.

But the Act's biggest change is today, when businesses will finally have to address the problems their buildings cause for disabled people - such as steps, heavy doors, bad lighting, lack of signage and lack of colour contrast.

In addition, from today, small employers for the first time have the same duties towards disabled staff and job applicants as larger firms. This means not discriminating against employees or potential employees because of their disability and making reasonable adjustments to the workplace.

The law requires reasonable adjustments by businesses – such as adapting premises, removing physical barriers or providing the service another way – so that disabled people can use the service. The legal changes will affect over two million British businesses – and failure to act could result in legal action.

An NOP survey published this week and commissioned by the Disability Rights Commission (DRC) reveals major problems on the high street: the majority of shops, cafes, restaurants, cinemas and pubs are still problematic for disabled people and have not made substantial improvements to comply with today's changes in the law.

The DRC is an independent statutory body responsible for advising Government on the effectiveness of disability discrimination legislation.

Bert Massie, Chairman of the DRC, warned:

"Whilst it's clear that some shops and services are getting it right for the disabled consumer there are those that have done little or nothing to prepare for the legislation. For them there will be nowhere to run and nowhere to hide as disabled people's complaints will now be backed by law."

Alan Johnson, Secretary of State for Work and Pensions said:

"This Government has championed rights for disabled people and will continue to do so. I am tired of hearing that delivering fairness for disabled people is political correctness gone mad. That is nonsense. This new piece of legislation is about making 'reasonable adjustments' so that disabled people can participate more fully in society."

Tax breaks

New guidance was also published today, to explain the tax allowances available to business to help them make accessibility adjustments to their premises.

Many of the adjustments that businesses may make to their premises already qualify for tax relief. The new guidance clarifies the reliefs available in relation to several of the most common types of adjustment in order to assist businesses and encourage them to comply fully with the new law.

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