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Partners and the Disability Discrimination Act
The Disability Rights Commission has published a Disability Rights Commission Code of Practice - Employment and Occupation to address issues raised by the Disability Discrimination Act. This makes it clear that the Act imposes obligations on partners, as well as employers. Since October 2004 the Act has given a partner, or applicant for partnership, or a prospective partner in a new partnership, similar rights to those of an employee.
This is an extremely complex area of employment legislation and the LMC is unable to offer specific legal advice, although we may be able to offer some preliminary
advice or support.
It would appear that it is unlawful for a firm to discriminate against a disabled person who is an existing or prospective partner with regard to;
- advertisements for a position
- who should be offered a position
- the terms on which a position is offered
- refusing or deliberately omitting to offer a position
- refusing or deliberately omitting to afford access to any benefits
- expulsion from the partnership
- harassment or victimisation
- any other detriment
The duty to make reasonable adjustments applies to a firm in just the same way as it applies to an employer and relates to ‘any provision, criterion or
practice applied by or on behalf of the firm’ and to any ‘physical feature of premises occupied by the firm.’
The cost of making reasonable adjustments may not generally be passed on to the disabled person concerned. However, if adjustments are required in relation
to a partner or prospective partner who is disabled, the cost is an ‘expense’ of the firm, to which a disabled partner may be required to make a ‘reasonable contribution’. In this respect it would be
reasonable to take into account the proportion of the disabled partner’s share of the profits.
Partners who believe they have suffered discrimination on the basis of disability do not need to use the statutory procedures before bringing a claim in the
Employment Tribunal, but must lodge the claim within 3 months minus a day from the date of the last incident of disability discrimination.
Any practice or individual should seek specific legal advice as soon as they become aware of any problem.
See also Q ST502 - Disability Discrimination
CED 14/04/05
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