Please consult Factsheet 5 on the DDA and access to goods, facilities and services and Factsheet 6 on reasonable adjustments in accessing goods, facilities and services. Numbers of staff therefore need to be calculated by head count and not simply according to full-time status. Schools, colleges and higher educational establishments employing less then 15 people should note that they are not exempt from the other educational and non-educational service provision aspects of the Act. What the employment provisions mean Education providers and others cannot discriminate in employment on grounds of disability, unless they are judged to be justified in treating a disabled person less favourably. Employers are also obliged to make reasonable adjustments to make the recruitment process, workplaces and work arrangements accessible to disabled employees and prospective employees.
Discriminatory treatment is only justified if the reason for it is both substantial and material .
For more information on the DDA employment provisions, please consult Factsheet 4 on the DDA and employment and recruitment. At the time of writing, it is unclear how the DDA affects school transport. Guidance from the DfEE suggests however that transport arranged through LEAs will not be covered by the DDA obligations to make new-build buses and coaches more accessible. In the employment provisions, an individual may take a case of discrimination forward to an employment tribunal, within three months of the act of discrimination. Failure to do so may result in a finding against them of disability discrimination.