The evolution of disability employment policy

During the 1990s, disability rights issues gained support and prominence in the UK. The disability rights movement in the UK has been influenced by the experiences of anti-discrimination legislation advocates in other countries. For example, the UK and the US share many concepts and common language, particularly in the area of independent living and employment. The UK has also been influenced by worldwide efforts, such as Disabled People International and its focus on human rights, as well as initiatives by people with disabilities in countries such as South Africa.¹ The disability rights movement has had a profound impact on public policy and social awareness regarding all disabilities, and advocacy for people with mental health problems must be examined within its context.

In the UK, the Disabled Persons Employment Act 1944 provided the first comprehensive framework for the employment of people with disabilities. It established a disabled persons employment register; assessment, rehabilitation and training facilities; a specialised employment placement service; protection against unfair dismissal; and a National Advisory Council and local Advisory Committees. It also established a quota for the employment of people with disabilities. The Act required that in firms of 20 workers or more 3% of the workforce be drawn from the disabled persons employment register.²

The Disabled Persons Employment Act 1944 was not very effective. The resources of the employment placement services were limited and unable to adequately monitor vacancies and propose candidates for employment. Sanctions against employers not adhering to the 3% quota were almost never enforced.³ Many employers were also unaware of the law and its requirements, which had not been adequately publicised. By the 1970s, it was proposed to eliminate the quota mandate as unworkable, but there was no agreement on an alternative policy. The quota provision was repealed in 1995 when the Disability Discrimination Act (DDA) became law.⁴

Generally, governments in the UK have tended towards deregulation and non-interference in the labour market, a policy which favours persuasion rather than compulsion and encourages voluntary action by employers. Beginning in the late 1970s, employers were encouraged to adopt good practices in recruitment, hiring, and retention of employees with disabilities. This was supported by codes of practice, strategies for recognising good employers, and campaigns to raise the awareness of employers and the public regarding the abilities and value to the workplace of people with disabilities.⁵

The Disability Discrimination Act, which was passed in 1995 following a vigorous campaign by the disability rights movement, marked a significant break with the past.⁶ Although the DDA is not an all-embracing civil rights law and did not go as far as most advocates wished, it ensures full and fair access to employment for people with disabilities.