Disability Discrimination (Employment) Regulations 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/1456 |
| Year | 1996 |
1996 No. 1456
DISABLED PERSONS
The Disability Discrimination (Employment) Regulations 1996
Made 6th June 1996
Laid before Parliament 6th June 1996
Coming into force 2nd December 1996
In exercise of the powers conferred on the Secretary of State by sections 5(6) and (7), 6(8)(a), (c) to (g) and (10), 12(3) of and paragraph 3(a) and (b) of Schedule 4 to the Disability Discrimination Act 19951the Secretary of State for Education and Employment hereby makes the following Regulations:—
Citation and commencement
1. These Regulations may be cited as the Disability Discrimination (Employment) Regulations 1996 and shall come into force on 2nd December 1996.
Interpretation
2. In these Regulations—
“the Act” means the Disability Discrimination Act 1995;
“binding obligation” means a legally binding obligation (not contained in a lease) in relation to the premises whether arising from an agreement or otherwise;
“building” means an erection or structure of any kind;
“building regulations” has the meaning given by section 122 of the Building Act 19842;
“lease” has the meaning assigned by section 16(3) of the Act;
“pay” means remuneration of any kind including any benefit;
“performance” includes performance as assessed by reference to any measure, whether relative or absolute, of output, efficiency or effectiveness in an employment;
“section 6 duty” means any duty imposed by or under section 6 of the Act;
“Technical Standards” means the technical standards for compliance with the Building Standards (Scotland) Regulations 19903issued by the Scottish Office in 1990 and as amended by the substitute pages issued by the Scottish Office in and dated July 1993 and July 19944.
Pay
3.—(1) For the purposes of section 5 of the Act, treatment is to be taken to be justified if it results from applying to the disabled person a term or practice—
(a)
(a) under which the amount of a person’s pay is wholly or partly dependent on that person’s performance; and
(b)
(b) which is applied to all of the employer’s employees or to all of a class of his employees which includes the disabled person but which is not defined by reference to any disability.
(2) Arrangements consisting of the application to a disabled person of a term or practice of the kind referred to in paragraph (1) above are not to be taken to place that disabled person at a substantial disadvantage of the kind mentioned in section 6(1) of the Act.
(3) Nothing in this regulation affects the operation of section 6 of the Act in relation to any arrangements or physical features of premises which, by placing a disabled person at a substantial disadvantage, cause reduced performance by him.
Occupational pension schemes
4.—(1) For the purposes of section 5(1) of the Act less favourable treatment of a disabled person is to be taken to be justified in the circumstances described in paragraph (2) below if it results from applying the eligibility conditions set for receiving any benefit referred to in paragraph (3) below or from determining the amount of any such benefit.
(2) The circumstances are that by reason of the disabled person’s disability (including any clinical prognosis flowing from the disability) the cost of providing any benefit referred to in paragraph (3) below is likely to be substantially greater than it would be for a comparable person without that disability.
(3) The benefits are those provided under an occupational pension scheme in respect of any of the following:—
(a)
(a) termination of service;
(b)
(b) retirement, old age or death; or
(c)
(c) accident, injury, sickness or invalidity.
Uniform rates of contributions
5. For the purposes of section 5 of the Act, treatment is always to be taken to be justified if an employer requires from a disabled person the same rate of contribution to an occupational pension scheme as he requires from his other employees (or from any class of his employees which includes the disabled person but which is not defined by reference to any disability), notwithstanding that the disabled person is not eligible under that scheme, for a reason related to his disability, to receive a benefit or to receive a benefit at the same rate as a comparable person to whom that reason does not apply.
Agricultural wages
6. For the purposes of section 5 of the Act—
(a) treatment of a disabled person is to be taken to be justified to the extent that the treatment relates to a matter within the terms and conditions of a permit granted to that person under section 5 of the Agricultural Wages Act 19485or section 5 of the Agricultural Wages (Scotland) Act 19496(permits to incapacitated persons) and accords with those terms and conditions, and
(b) failure to take a step otherwise required to comply with a section 6 duty is to be taken to be justified if that step would relate to a matter within the terms and conditions of the permit referred to in (a) above but would exceed the requirements of those terms and conditions.
Contract Work
7.—(1) Paragraph (2) below applies for the purposes of section 6 of the Act (and that section as applied by section 12(3) of the Act) where a contract worker is likely to be placed at a similar substantial disadvantage by arrangements made by or on behalf of, or premises occupied by, all or most of the principals to whom he is or might be supplied.
(2) It is reasonable for the employer to have to take such steps as are within his power as it would be reasonable for him to have to take if the arrangements were made by him or on his behalf or, as the case may be, the premises were occupied by him.
(3) For the purposes of section 6 of the Act (and that section as applied by section 12(3) of the Act) it is not reasonable for any principal to whom a contract worker is supplied to have to take any step which it is reasonable for the employer to have to take pursuant to paragraph (2) above or otherwise.
Building Regulations
8.—(1) This regulation applies only to a physical characteristic included within building works which—
(a)
(a) was adopted with a view to meeting the...
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