Some examples of recent DDA cases brought  or  being brought to court along with some  feedback on the NHS &  the Disability Equality Duty……..Disabled woman wins case against tea shop owner When Jazz Shaban, who has brittle bones and uses a wheelchair, tried to visit Wharfe’s Restaurant and Tea Room, in Shaftesbury, Dorset, she and her friend wanted to use the downstairs seating area, which is accessed via two steps. They immediately faced resistance from the tea shop owner, Rosemary Wharfe, who shouted: ‘Not in here, we cannot accommodate that.’ Although Wharfe did not turn up in court, District Judge Smith ruled that this was ‘the clearest possible case of discrimination’, and awarded Shaban £4,500 in compensation.Sir Bert Massie, Chairman of the former Disability Rights Commission (DRC), voiced his feelings about the case when he said: ‘This is a very significant result and should send out a strong message that such discriminatory and aggressive behaviour is unlawful and will not be tolerated. Small businesses are not exempt from the law and disabled people have every right to be treated with dignity and respect.’Read the full story on the BBC website http://news.bbc.co.uk/2/hi/uk_news/england/dorset/7014533.stmLegal case could trigger change in Disability Discrimination Act Sharon Coleman, a mother of a disabled five-year-old boy who has congenital respiratory problems, is claiming constructive dismissal and disability discrimination against her workplace, asserting that her employer:

• Did not allow her to return to her original job after maternity leave
• Did not give her the same flexibility as parents of non-disabled children when her son was ill
• Allowed her to be subjected to abusive and insulting remarks

The UK’s Disability Discrimination Act (DDA) 1995 was amended in 2005 to comply with the European Employment Directive 2003, which requires European Union (EU) member states to outlaw discrimination ‘on grounds of disability’. However, the DDA 2005 differs slightly in that it refers to discrimination ‘against a disabled person’ – in this case, discrimination can only occur to a disabled individual, and not to someone because of his or her association with a disabled person.Coleman’s lawyer, Lucy McLynn from Bates Wells and Braithwaite, is taking the case to the European Court of Justice; she will highlight the differences between European Directives and UK law, and the court will decide if the EU interpretation is correct. If they decide it is, the tribunal will decide whether existing UK law can be interpreted to include such cases. It is possible that this case could lead to caring becoming the seventh equalities strand, in addition to the existing ones of disability, gender, race, age, sexual orientation and faith, which would mean that employers would have to ensure equal treatment for any employees who are carers.Visit the Workplace Law Network website for a brief outline of the case so far www.workplacelaw.net/news/display/id/11598.Is the NHS failing its Disability Equality Duty?The Disability Equality Duty (DED) covers 45,000 public bodies across the UK, and came into force in December 2006. It states that public bodies should have a published Disability Equality Scheme that outlines how they tackle disability discrimination and promote disability equality so that disabled applicants and employees do not face unacceptable barriers to progression throughout the organisation.The former DRC identified eight Strategic Health Authorities that have failed to comply with the DED; these Authorities now have 28 days in which to provide evidence of compliance before they face the beginning of legal enforcement action. The DRC recommended that the Equality and Human Rights Commission (EHRC) continues to follow these cases, responding with legal action if necessary.Sir Bert Massie, Chairman of the former DRC, said: ‘If the NHS decided to provide no services for the people of Birmingham there would be an outcry, yet deciding to leave out millions of disabled citizens appears to be acceptable. Such inaction amounts to institutionalised discrimination.’Read more about this issue on the Workplace Law Network website www.workplacelaw.net/news/display/id/11350&a_id=1317.