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We are all protected by the DDA if we have a disability that fulfils the definition. The legal profession say it is not for us in OH, or the employer to decide who comes under the DDA and certainly I have always been advised to say to management on a referral that someone is either 'likely' or 'unlikely' to come under the DDA. In fact there are quite a few legal beagles that say it is safer to assume that all people come under the DDA and make reasonable adjustments - the emphasis being on 'reasonable'. Gillian Howard has written an article in the May/June Occupational Health Review on 'Making reasonable adjustments - the duty defined' pages 35 & 36 and she gives some very useful advice on the topic. Gillian says that failure to make reasonable adjustments amounts to disability discrimination.
 
Cheers, Greta
 
 
 
 
----- Original Message -----
From: [log in to unmask] href="mailto:[log in to unmask]">Jeremy Smith
To: [log in to unmask] href="mailto:[log in to unmask]">[log in to unmask]
Sent: Friday, June 15, 2007 5:24 PM
Subject: Re: [OCC-HEALTH] DDA

I thought the legal onus was only where the individual was protected by the DDA not when they weren't?
 

Jeremy R F Smith

RGN BSc Hons (OHN) SCPHN

Occupational Health Manager - KCC

01622 605518 (VPN 7000) EXT 5518

Occupational Health Service Commercial Services Building

Gibson Drive, Kings Hill, West Malling ME19 4QG

Personnel & Development

Making KCC a Great Place to Work

 

From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Greta Thornbory
Sent: 15 June 2007 17:24
To: [log in to unmask]
Subject: [OCC-HEALTH] DDA

Jeremy
Sorry to disagree with you too but you ought to read the DDA part 2 which you can access on the net because there is definitely a legal requirement to make adjustments!!! Greta
 
PART II
EMPLOYMENT
Discrimination by employers
4. Discrimination against applicants and employees.
5. Meaning of "discrimination".
6. Duty of employer to make adjustments.
7. Exemption for small businesses.
----- Original Message -----
From: [log in to unmask] href="mailto:[log in to unmask]">Jeremy Smith
To: [log in to unmask] href="mailto:[log in to unmask]">[log in to unmask]
Sent: Friday, June 15, 2007 4:11 PM
Subject: Re: [OCC-HEALTH] DDA

No because the DDA only relates to the persons daily living activities and not work activities.  Thats not to say as a caring employer you wouldn't consider reasonable adjustments though, just that there's no legal obligation to.
 
Have a good weekend,
 
J
 

Jeremy R F Smith

RGN BSc Hons (OHN) SCPHN

Occupational Health Manager - KCC

01622 605518 (VPN 7000) EXT 5518

Occupational Health Service Commercial Services Building

Gibson Drive, Kings Hill, West Malling ME19 4QG

Personnel & Development

Making KCC a Great Place to Work

 

From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Ellie Paige
Sent: 15 June 2007 16:08
To: [log in to unmask]
Subject: [OCC-HEALTH] DDA

Dear List,  Can I ask for peoples opinion upon how the DDA is considered for employees at work.

If an employee states that they have an ongoing health complaint which prevents them from undertaking certain aspects of their job, but does not necessarily affect their day to day activities, is the DDA still applicable. For example if an employee states he has a back complaint that affects his ability to undertake several hours of manual handling activities, but that the back problem does not affect him at home?

I do not know any anyone who is required to undertake several hours of manual handling as part of their day to day activities, but plenty who do this as part of their work activities. Are work activities classed as part of day to day activities????

Any opinions gratefully received

Ellie


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