Changes to the Disability Discrimination Act (DDA) 1995 will...

Changes to the Disability Discrimination Act [1995] will increase the need for specialist medical reports for tribunals, as a result of a rise in claims, according to Medico-Legal Reporting (MLR).

The medical and legal report specialist said because the changes would allow employees greater access to the Act, the number of claims will rise.

Currently, the Act requires businesses employing more than 15 people not to discriminate against a disabled employee, and to show that it has taken reasonable steps to provide an appropriate working environment for that person.

An amendment coming into force in October 2004 means staff in companies of less than 15 employees will be protected by the Act.

MLR director Madeleine MacLachlan, said: “To date, Disability Discrimination Act claims have involved larger employers who have human resource departments to deal with them.

“Small businesses do not have this resource, and it is expected that there will be a significant rise in disability discrimination claims as a result of the changes to the Act when it covers all UK businesses.

“A medical report will be required if a tribunal has to decide whether an individual is disabled or not. These disability reports are more complicated then a normal version and require the involvement of experienced medical experts.

“Many employment lawyers and HR managers may never have used such a report before so there is a need for greater awareness of the requirement as the Act's extension comes into force.”

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