ABSTRACT

A substantial body of opinion supports the view that the transmission of HIV through everyday work practices is extremely remote. In the limited cases where there is a potential risk, for example in the medical field, this can be controlled by the implementation of specific procedures and hygiene arrangements (Goss and AdamSmith, 1995). Despite this, evidence suggests that workplace prejudice and discrimination by employers and/or co-workers against people with HIV/AIDS is far from uncommon (Harris and Haigh, 1990; Panos, 1990; Green, 1995; Wilson, 1995). To date, what legal protection exists for employees in the UK against such discrimination has depended on a mishmash of legislation not specifically drawn up with HIV/AIDS in mind. Thus, those with HIV/AIDS in search of protection through current employment law find only limited assistance available. An opportunity to extend protection from employment discrimination to those with HIV was, however, presented by the 1995 Disability Discrimination Act (DDA) whose employment provisions came into force at the end of 1996.1 Unfortunately this opportunity would seem to have been missed.