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Stuart Gentle Publisher at Onrec

The Disability Act countdown is onÖ<br>

Just how prepared are the UKís small businesses?

Just how prepared are the UKís small businesses?

It is less than 50 days until the final phase of the Disability Discrimination Act comes into force in October 2004, making it compulsory for small businesses to ensure that their premises and services are accessible to people with disabilities, or face stiff fines. For the first time ever, firms with fewer than 15 employees will have the same responsibilities towards disabled employees and customers as larger businesses.

But just how prepared are the UKís small businesses? Recent research suggests that many small firms are still in the dark over the disability legislation update and risk breaking the law and landing themselves in financial hot water as a result.

Just one in five small businesses* are aware of the forthcoming changes to the Disability Discrimination Act and more than two-thirds** are not planning to make any preparations for the pending changes. This is despite a government campaign to raise awareness amongst small firms of their new obligations.

David Robertson, Chief Executive of Bibby Financial Services says, ìThose small firms that have not done anything to prepare themselves or their business for the imminent changes, need to urgently start the process as time is fast running out. Now is the time for small businesses to act and get on with the adjustments that they need to make before the new legislation comes into effect.

ìThe implications for small businesses are far reaching. Employers will have to ensure that disabled customers and staff can gain access to their premises and services easily - this could mean fitting ramps for wheelchair users and rearranging and improving office/shop layouts. Employers caught breaking the rules will be subject to the same penalties as bosses who discriminate on the grounds of race, sex or religion. Those owners and managers who deliberately flout the new rules could end up facing an employment tribunal and a stiff fine potentially running into thousands of pounds.î

In order to help small businesses get to grips with the new disability legislation, Bibby Financial Services has developed the following tips:

1. Know the law - From 1 October 2004, businesses will have to make
ìreasonable adjustmentsî to their premises in order to make their services accessible to disabled people. ìReasonable adjustmentsî might include putting up clearer signs for the visually impaired, installing ramps and handrails or providing a hearing loop for customers with hearing difficulties. The exemption that used to apply to firms employing fewer than 15 people will be removed.

2. Look for obstacles - Assess your business carefully and consider
potential obstacles from the physical environment such as stairs or uneven flooring to your ability to communicate with customers and staff with disabilities. Donít forget to review your procedures and company policy either to ensure that they are not discriminatory to disabled customers or staff.

3. Consult an expert - Find a professional access auditor to conduct a
thorough assessment of your business and advise what you need to do to get things up to the required standard within the tight timescale you have. The National Register of Access Consultants offers independent advice. Visit www.nrac.org.uk for more information.

4. Draw up an action plan - Some aspects of your business may need to be
altered immediately to comply with the legislation, whilst others can be added to an ongoing maintenance programme. The key is not to panic, draw up a comprehensive plan that identifies in priority order, what reasonable adjustments need to be completed.

5. Overcoming the obstacles - Donít worry unnecessarily. Problems and
solutions will vary from business to business. The law states that you can make alterations in the following ways: removing barriers or obstacles, altering your premises (e.g. adding a ramp, putting up clearer signage), finding a way to avoid a problem (e.g. changing the layout of an office) and providing a service or alternative means of access (e.g. adjusting the height of door knobs, installing a hearing loop for customers with hearing difficulties).

6. Alterations cost - Making changes can be costly. If the result of an
access audit finds that the cost of a modification would severely threaten your firmís cash flow and put you out of business, this should be noted in your buildingís assessment report and attempts made to find a more reasonable solution that will still enable you to comply with the law.

7. No get out clauses - Just because your business does not have any
disabled customers, does not mean you are exempt from the law. Business responsibilities under the Disability Discrimination Act are ìanticipatoryî therefore you still have to comply.

8. Comply or face the consequences - It does not make economic sense to do
nothing. Not only is there the real prospect of you facing a costly legal action, but by ignoring the legislation, you risk losing custom from disabled people (who have spending power amounting to some 50bn per year***). Additionally, many of the changes you make will benefit others such as parents with pushchairs.

9. Seek more advice - If you need any further information on the Disability
Discrimination Act, check the Disability Rights Commission website for more information at: www.drc-gb.org

David Robertson concludes, ìSmall businesses shouldnít bury their heads in the sand. Owners and managers need to adopt a flexible approach to meeting the needs of disabled staff and customers alike, or risk potentially very costly court action. With less than two months until the legislation comes into effect, the time to act is now.î