Disability Discrimination Act 1995 (DDA)

Introduction

This Act prohibits discrimination against disabled people in a number of areas including employment and provision of goods, facilities and services.

Definition of disability under the Act

“A disabled person is someone who has a physical or mental impairment, which has a substantial and long-term effect on their ability to carry out normal day-to-day activities”.

Key points

Adverse terms can only be applied to a disabled person’s application, where the decision can be justified by supporting medical information from a doctor.

Under the DDA, legal recourse must be sought within a six-month period of the alleged act of discrimination.

The onus is on the disabled person to show that there is a case to answer.

If the disabled person is unhappy with the response, the case can be taken to the County Court (Sheriff’s Court in Scotland).

If discrimination is proven, the Court may award compensation to the disabled person, including compensation for injury to their feelings. An injunction may also be granted to prevent a repeat of the discriminatory act.

Underwriting implications

Our core principle is to offer disabled persons the same cover on the same terms as non-disabled people wherever possible. We will only offer less favourable terms or as a last resort decline cover, if there is a lawful reason based on relevant and reliable data medical information from a doctor.