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In general, a person is considered to have a disability for the purposes of the if they have a physical or mental impairment, which has a substantial, long-term and adverse effect on their ability to carry out normal day-to-day activities.

The Disability Discrimination Act bans disability discrimination by service providers against service-users with disabilities. The law gives people with disabilities important rights on . It also protects the disabled from discrimination by employers against job seekers and employees with disabilities.

See how to improve access for disabled people.

Defining disability

Impairments

Impairments include:

• physical, eg mobility impairments
• mental, eg learning disabilities and some mental illnesses if severe and long term
• sensory, eg hearing impairments or visual impairments

Substantial

Substantial means more than minor or trivial.

Long-term condition

Long-term means the impairment has lasted, or is likely to last:

• for at least 12 months
• for the rest of the life of that person

Activities

Normal day-to-day activities means activities carried out by most people on a regular and frequent basis.

What is not legally deemed a disability?

Conditions not considered to be a disability for the purposes of the Disability Discrimination Act include:

• addiction to alcohol, cigarettes or other drugs - unless they result from drugs that have been prescribed by a doctor
• seasonal allergic rhinitis (including hay fever)
• a tendency to start fires
• a tendency to steal
• a tendency to physically or sexually abuse other people
• exhibitionism
• voyeurism

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Your business will have established a way of providing a service to your customers. This involves establishing:

• practices - what your business actually does
• policies - how your business regulates what it does
• procedures - the systems set up to ensure the policies are achieved

Formal and informal practices on access

Practices, policies, and procedures may be:

• set out formally, eg a ban on animals entering the premises
• established informally or by custom, eg owners are discouraged from entering the premises with an animal but there is no outright ban or penalty for non-compliance

Accessibility audit

It is good practice to carry out an accessibility audit of your business. This will identify areas where you could make it easier for disabled people to access your business and its services. The Equality Commission provides an as part of their initiative to help businesses assess and improve their accessibility.

Understand your customers

Good business involves anticipating what your customers need and want including the needs of disabled customers. Talk to your customers about the issues they may have when using your services, such as parking, getting in and out of your premises or using the facilities. Ask them for recommendations on how you could improve accessibility.

It is a good idea to think about the range of impairments that your customers may have, such as:

• mobility impairments eg stick users or wheelchair users
• visual impairments
• hearing impairments
• arthritis and limited dexterity
• mental health
• learning difficulties
• learning disabilities

This will give you a better understanding of potential barriers to access for some of your customers. This enables you to take steps to remove these barriers.

Making reasonable adjustments for disabled access

Your business may have in place certain practices, policies and procedures which may place people with a disability at a disadvantage compared to non-disabled people in accessing your goods or services. You must make reasonable adjustments that let you provide a service that is as close as possible to the standard of service provided to other people. You must not wait until a disabled person wants to use a service before making any reasonable adjustments.

You must consider the need for, and put in place, any reasonable adjustments required by customers with a disability.

You can do this by:

• removing the practice, policy or procedure altogether
• making exceptions to the practice, policy or procedure to accommodate disabled people
• informing, instructing, and training all employees so that they are aware of these changes

Examples of changing practices to improve disability access

Examples of changing practices, policies, and procedures include:

• waiving a 'no dogs' policy to allow disabled people accompanied by an assistance dog to enter your premises
• allowing other forms of identification other than a driving licence - thereby allowing disabled people who are not permitted to hold a driving licence to access your goods or services

Accessibility guides for businesses

You can download the following accessibility guides from the Equality Commission:

An auxiliary aid is a piece of equipment or technology that can help a person with a disability access your goods or services. An example would be an induction loop for people with hearing impairments. Auxiliary aids are not limited to communication, for example, you might provide a portable ramp or handrails to help customers with mobility impairments.

Auxiliary service

An auxiliary service means providing assistance to help a person with a disability to use your goods or services.

Examples of such auxiliary services include:

• training a member of staff in  or  so that they are able to communicate effectively with customers who have a hearing impairment and who use BSL as their main form of communication - see
• helping a customer in a wheelchair to access goods that are out of their reach or bringing goods to the till if aisles cannot be accessed by wheelchair users

When considering what auxiliary aids or services are required, you will need to take into account that different people will have different requirements. Some people, for example, may have multiple disabilities, such as speech and hearing impairments.

Judging whether the aids and services are reasonable

You should take reasonable steps to provide auxiliary aids and services. What is regarded as 'reasonable' for one business may be different for another business. Whether the auxiliary aids and services you provide are judged as reasonable may depend on such things as:

• the size of your business
• the resources available to your business
• the cost of providing the extra aid or service

In the event of a dispute, only a court can decide what is reasonable.

For further information see .

Making permanent alterations to your business premises

You may be required to make reasonable adjustments to the physical features of your business property to ensure your services are accessible to disabled people. See removing physical barriers to access.

The physical features of your business premises can create barriers that can put people with a disability at a substantial disadvantage compared to non-disabled people when accessing your goods or services.

Definition of a physical feature

A physical feature:

• is determined by the design or construction of the building
• forms part of the approach, entrance, or exit to your property
• can be fittings, fixtures, furniture, equipment, machinery, or materials
• is any other physical element on your business premises

Examples of a physical feature

Examples of physical features include:

• steps, stairways, kerbs
• floors and paved areas
• doors and gates
• toilets and washing facilities
• lighting and ventilation

Legal requirements on physical barriers

Under the you must make reasonable adjustments to ensure those with a disability overcome any potential physical barriers. You can do this by:

• removing the physical feature altogether
• changing it so it no longer creates a physical barrier
• providing a reasonable means of allowing disabled people to avoid using the physical feature

Reasonable adjustments

You are required to make reasonable adjustments to your business premises, to the way you do things or by providing auxiliary aids or services where disabled customers and potential customers may be at a substantial disadvantage compared with non-disabled customers. See .

See .

Removing barriers created by physical features

Examples of removing barriers created by physical features to help people with a disability access your goods and services include:

Car parking spaces

Providing a wider car parking space in your customer or staff car park reserved for use by Blue Badge holders.

Ramps

Replacing steps with temporary or permanent ramps at the entrance of your premises.

Hand rails

Fitting hand rails to help disabled people use small steps, eg one or two steps.

Doorways

Widening doorways so that wheelchairs can pass through easily.

Signage

Making signs easier to read, eg you could supplement written signs with pictures and visual signs.

Passageways

moving furniture or other obstacles to allow a clear passageway for people with a mobility or visual impairment.

See to help make your business premises accessible to everyone.

You may need to make alterations and changes to physical features to accommodate staff with a disability. If the physical feature puts disabled employees at a disadvantage, you must adjust it to remove or reduce the impact of the physical barrier. These alterations are known as reasonable adjustments.

Reasonable adjustments for staff

These steps could include, where reasonable, making structural or physical changes to your business premises, such as:

• widening doorways to allow a wheelchair to pass through easily
• replacing steps with ramps
• relocating light switches and door handles to a level that considers people who have difficulty in reaching
• putting in place audio-visual fire alarms
• providing accessible toilet facilities for disabled employees

These reasonable adjustment steps also involve allowing the person to work in a more easily accessible place, such as by:

• transferring a wheelchair user's workstation from an inaccessible upper floor to the ground floor
• allowing a disabled job applicant to be interviewed in an accessible room
• providing specially modified equipment, such as a special keyboard adapted for someone who has arthritis, or a telephone adapted for someone with a hearing impairment

Employer's legal duties to make reasonable adjustments

If you are an employer, you have duties under the not to discriminate against and to make reasonable adjustments for your employees or job applicants with a disability.

The employment provisions of the Disability Discrimination Act apply to all employers, regardless of size, except service in the armed forces.

The reasonable adjustment duties under the employment provisions are not anticipatory and therefore you are only required to consider the needs of an actual disabled employee or, in the case of the recruitment process, a disabled job applicant. .

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Do you need to make an adjustment to a physical feature?

You only need to make adjustments to your business premises if a disabled employee would otherwise be at a substantial disadvantage to that of a non-disabled employee. Before making the reasonable adjustment, you could consider:

• the extent to which the disadvantage would be alleviated
• the cost of making the adjustment
• what financial resources your business has access to
• whether you have access to external resources to help you bear the cost
• whether adjustments have been made for other disabled employees
• how willing the disabled employee is to co-operate with any adjustment you make

See .

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If you provide services to the public, you are legally required to take reasonable steps to ensure that the physical features of your business premises do not make it unreasonably difficult or impossible for people with disabilities to make use of your service.

Before you make any significant alterations or changes to your property, you should check whether you require planning permission or building regulations approval.

You need to  through your local council.

Making changes to rented premises

If you rent your business property, you usually need to get consent from your landlord before you make any significant alterations to enable disabled people to access and use your premises.

You must request consent for any alterations to accommodate disabled people even if the terms of your lease state that alterations to the property are not allowed. The allows the terms of the lease to be read to entitle you to make the alteration with the consent of your landlord.

Procedure for requesting consent from your landlord

You should make a written application for consent from your landlord to make alterations to rental properties to allow disabled people to access and use your business premises.

You should also include all plans and specifications with your applications to avoid any possible delays.

Once your landlord has received your application he or she has eight weeks to respond.

Your landlord should not unreasonably withhold consent. But they may set certain conditions that you should carry out before you make any alterations. These include:

• gaining planning permission from your local authority
• carrying out alterations in accordance with plans and specification
• allowing the landlord to inspect the works
• reimbursing, within reason, any costs the landlord may have incurred in giving consent

If your landlord does not respond to your request within eight weeks, you can assume that he or she has withheld consent. You should then refer the matter to the county court.

Similarly, if your landlord refuses to give you consent, or sets other conditions, again, you should refer the matter to the county court. The court will decide whether the landlord is reasonable in refusing consent.