NEW DISABILITY DISCRIMINATION RIGHTS
Over 250,000 people with major health conditions but which do not yet show they have the illness have now gained new legal rights not to be unfairly treated by their employers. The extension to the Disability Discrimination Act from 5 December 2005 means that employers will not be able to discriminate against people just because they have learned that they have HIV, cancer or multiple sclerosis.
Paul Seath an associate in our Employment Department says:
"The Disability Discrimination Act 2005 also, and very importantly, changes the position of people with mental health conditions. Under the old law people had to prove that the mental impairment was 'clinically well recognised' before they could bring a case under disability discrimination legislation. Those with a physical impairment did not have to prove this. The new law means that the requirement to have a 'clinically well recognised' condition, which has proved a significant barrier is now dropped. Employers need to be especially aware of this.
Other changes include:
- the extension of the legislation to private clubs with 25 or more members;
- sanctions for publishers of discriminatory adverts; a simpler process for people who think they have been discriminated against when using services;
- and new protection for local authority councillors.
Call Paul Seath on 0117 9290451 or email pseath@metcalfes.co.uk for further information.
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