Time for action on DDA
Unless your head has been firmly stuck in the sand for the last few years, you'll at least have heard of the Disability Discrimination Act (DDA). Now, with the deadline for the law's full implementation just six months away, you may be painfully aware of it.
This is a law you can't afford to ignore. There are 8.5 million British people registered with some form of disability - a market worth £48b a year - not to mention a continually ageing population.
By adjusting your operation to meet the needs of the DDA, you'll not only provide a better service for customers with disabilities - from those with visual impairments to wheelchair users - but potentially capture significantly more business.
Don't be fooled into thinking this law doesn't apply to you, either. Whether your business is a "greasy spoon" or a boutique hotel, the DDA applies to you. Come October there will be disability pressure groups targeting businesses which didn't heed the warnings with legal action.
Chris Grace, director of IndividuALL, an initiative aimed at improving disability equality in the hospitality industry, says businesses should first focus on finding out what they need to do to meet DDA requirements.
Bear in mind that the law stipulates you take reasonable steps to remove, alter or avoid features which make it impossible - or reasonably difficult - for disabled people to make use of your services. In other words, adjustments must be reasonable both for disabled customers and the business.
First, do a DDA audit. This means finding an external auditor to assess your business, or a self-audit kit and doing it yourself. There are no real checks on who is, and who isn't, qualified to carry out audits, which means you may need to ask a few questions before employing someone. (See Info zone in next week's Caterer on finding the right auditor).
Second, make an intelligent plan of action, thinking carefully about what changes you need to implement to make your business accessible, be it physical changes to your property or staff training. You need to consider all forms of disability, which include sight and hearing as well as physical or even learning difficulties.
Third on the list is to carry out the plan and then review it, but remember that what is considered "reasonable" could change at a later date, which could mean further alterations. The law hasn't yet been tested, and until it is, no one will really know what "reasonable" means.
Finally, Grace advises a sanity check. Question one more time whether what you've decided to do is "reasonable". If you run a 20-cover restaurant, for example, it probably wouldn't be reasonable to take out five covers to make space for an accessible toilet. You may come up against insurmountable barriers, but be sure they really are such before you decide against any action.
To help you decide what needs to be done, Caterer has gathered practical advice on how to interpret the DDA according to the needs of your business. We've outlined the fundamentals of the law, spoken to people in the process of dealing with it, and found out why they think the process was worth it. We've even got guidance on the ever-tricky subject of political correctness, and next week we offer advice on how to find the right auditor.
So what are you waiting for?
Disability Facts and Stats - There are more than 8.7 million disabled people in the UK. Only 600,000 use a wheelchair.
- They nearly all have families and friends - one in four of your customers either has a disability or is close to someone who has.
- 92% live in their own homes and only 8% are born with their disability.
- Only 3% of blind people read Braille.
- Of more than eight million people who are deaf and hard of hearing, only about 150,000 are profoundly deaf, and less than 75,000 use British sign language (less than 1%).
Source: IndividuALL Solutions pack for Hospitality
Real Life
John Pette, general manager of the 50-bedroom Fairlawn hotel in Walsall, West Midlands decided to redevelop his property in line with the DDA despite being in green-belt land
Our hotel is on a sloping site within green-belt land, so getting planning permission for anything is always an enormous challenge. We've owned the hotel for about 20 years, and during that time we've carried out several developments, although the focus has always been on maximising return on investment rather than accessibility. Although we didn't realise it at the time, by not ensuring the hotel was accessible we denied ourselves access to a substantial market.
When we first thought about the DDA in 1999, we soon realised that radical surgery on the hotel would be required. The nature of the building means that internal alterations were impractical and the only solution would be to extend the hotel with a purpose-built accessible development.
After we met local planners, they agreed they would consider an application despite our location, but we could see they were sceptical. We knew that any application wouldn't be taken seriously if not supported by official advice, so we commissioned IndividuALL to do an audit.
In many ways the audit told us what we already knew - that we would need another extension. But they also advised us on how best to extend the premises, which then provided the basis for our planning application.
As an operator you're faced with the decision on what to do about the DDA. No one knows yet what the term "reasonable" really means in terms of making the necessary adjustments. But I knew we didn't want to be one of the test cases for the courts. At the same time we need to benefit from an extra revenue stream to justify the investment. All in all it's going to cost us about £600,000 on our annual turnover of £3.5m. This will include alterations to the reception and bar, an improved and accessible fitness club, a lift and four accessible bedrooms - one of which will have room for a carer and has direct access to the car park.
Although the proof of the pudding will be in the eating, we do see a growing market for accessibility. We're not embarrassed to admit that in addressing the DDA as deeply as we are, we're also taking advantage of a good marketing opportunity. In the past 12 months we've missed out on three conference bookings and one wedding as a result of not being accessible enough.
We eventually got planning permission in January this year after applying in April 2003 and an initial discussion in 2001. It all takes such a long time. The Government hasn't considered the full implications of the act in that planning authorities have received no guidance on the subject and the DDA doesn't override green belt or listed buildings.
Everything now hinges on what is and what isn't ‘reasonable'. It's a great step into the unknown, but we're committed to doing things properly. You can look at this act in a negative way and find ways to dodge around it or you can look at it in a positive way and improve your business. We could very easily have used planning permission to get out of making any changes but in the end that would be short-sighted. Tel: 01922 455122
Etiquette AND Language
What do we mean by people who are disabled?
Someone who has a physical or mental impairment which has a substantial, adverse and long-term (12 months or more) effect on their ability to carry out normal day-to-day activities. The DDA also covers people who have previously had a disability.
Dealing with disabled customers
Disabled people want to be treated as customers without drawing unnecessary attention to their disability. Therefore give individuals any information you feel they might need, eg, location of accessible toilets, allocated parking spaces etc, without making any more of their disability than necessary.
Language to avoid
"The disabled": Disabled people are not a tribe or in any way a homogenous group. Referring to "the disabled" is often deemed offensive, so try "disabled people" or "people with disabilities". Also avoid "the deaf", the "blind" etc. Use "visually or hearing impaired".
Handicapped: this word has extremely negative connotations and should be avoided.
Disabled toilet/parking: You've got to be realistic with political correctness, but current etiquette dictates you use the term "accessible" to describe disabled-friendly facilities, eg, accessible toilet, parking, bedrooms, restaurants etc.
Remember
- Disability affects everyone differently, so don't make assumptions.
- A wheelchair user might be able to stand, and walk a little or they might not.
- A person who is registered blind might have some residual vision or none.
- A deaf person mighty use sign language, a hearing aid, both or neither.
Source: IndividuALL Solutions pack for Hospitality
Tourism for all
Getting information to help you comply with the DDA is about to become a lot easier with the union of the Tourism for All Consortium, IndividuALL and charity Holiday Care. The merger creates Tourism for All UK, a new centre of expertise for the industry, the consumer and policy makers.
The Law: The DDA as a legal imperative
Since 2 December 1996
It has been unlawful for service providers or employers to treat disabled people less favourably. A reasonable adjustment must be made.
Since 1 October 1999
Service providers have been required to take reasonable steps to:
-Change policies, procedures or practices in order to provide a service to a person who is disabled; or
- Provide auxiliary aids to enable service provision; or
- Provide services by other means.
From 1 October 2004
The law will apply to ALL employers, however small. Where a physical feature makes it impossible or unreasonably difficult for disabled people to make use of services, a service provider will have to:
- Take reasonable steps to remove, alter or avoid that feature (considering those options in the order listed); or
- Where that is impossible, provide the service by a reasonable alternative method.
Note: duties under the act are anticipatory, and all services are included, whether paid for or not. For further reading and more detailed information, see Approved Document M of the Government's 1991 Building Regulations (currently under British Standard 8300 - design of buildings and their approaches to meet the needs of disabled people - code of practice.
Real Life
Paul Milsom is managing director of Milsom Hotels, and chairman of Pride of Britain
Everybody has been worrying about what we're supposed to be doing about the DDA, and there's a tendency to put your head in the sand. The constant stream of red tape means it's very easy to get on one's high horse and feels it's all an intrusion. But the truth is other industries have had to deal with this, and my initial attitude of wanting to know why this should be forced upon us has mellowed. We've realised a lot of very positive things can come out of making changes for the DDA - it can be big business.
We wanted to deal with the DDA professionally so we've had a full audit of our four properties. In many areas we're already up to date through ongoing refurbishment, but the audit flagged up what we still needed to do.
Having an audit is expensive, but as a flagship business in the area we need to lead the game. Fortunately for us the costs are manageable because it's been part and package of refurbishments over the past four years.
It's also worth noting that there are people out there, if only a small percentage, who are clued up on the DDA and who will target people who don't comply when October comes.
For businesses which can afford an outsider to come in and do an audit, it should be an imperative. It's very easy to find insurmountable problems if you don't want to do anything, but probably you'll find there are practical solutions. A lot of the issue is about transparency. You need to show a trail of what you're doing now and what you plan to do in the future.
We've got a scheduled plan of action with some changes scheduled for this October and some for six months to one year afterwards to fit in with our normal refurbishment plans. A lot of it is about attitude. Most things are achievable if you've got the right attitude. If you look for one problem, you'll find 100. Tel: 01206 322795
