Your Rights

What to do if you experience discrimination

Summary: Ideas to help you resolve the problem if you've been treated unfairly.

Will the DDA be able to help me?

In order to pursue a case under the DDA, you will have to work through several steps. You must show that:

  • your disability is covered by the DDA
  • those who discriminated against you are covered by the DDA
  • you've been discriminated against within the meaning of the DDA.

Definition of discrimination

Generally, you must have been treated less favourably due to your disability than someone who does not have that disability. In employment and post-16 education (as well as qualification bodies), there is the additional concept of 'direct' discrimination, which is narrower than "less favourable treatment for a reason relating to disability than others who do not have that disability" and which is not capable of being justified. Failure to make reasonable adjustments is another reason for taking a case under the DDA.

Find out more about the Definition of disability under the DDA.

Reasonable adjustments

Employment

There will have been discrimination if your employer has not made "reasonable adjustments" to enable you to access the shortlisting and selection process, in the case of recruitment, or to carry out your work. An example could be where an employer might be required to alter the design of an office to make it easier for a visually impaired person to get to and from their work station.

Goods, facilities and services cases, public authority functions and private clubs

Providers of these facilities also have to make "reasonable adjustments" to enable disabled customers to access their services.

Find out more about Employment and the DDA.

Education

Education providers have to make reasonable adjustments to enable disabled people to access education and associated services too. What is covered under the Act varies depending on whether about it relates to pre-16 education or post-16 education.

Find out more about:

Justification

Even if you have been discriminated against, you will not be able to succeed in a claim under the DDA if the employer and / or service provider can justify their actions, although this is only applicable in certain situations.

What next?

If you believe that you have been discriminated against, and that your case may be covered by the DDA, you will need to decide what outcome you want in order for the problem to be resolved. Depending on what solution to the problem you want, you may wish to try to resolve the matter informally by contacting the other party and telling them what you want. If you do not wish to resolve the matter informally, or if you do not feel that this has worked, you may wish to take things further.

Before starting formal proceedings, please bear in mind:

  • time limits: these are listed below under the relevant sections
  • specialist advice: sources of further assistance are listed at the end of this page.

You can take your complaint forward through a number of channels, depending on the nature of the complaint.

The questions procedure

In employment cases; goods, facilities and services; public authority functions; private clubs; and premises cases, you can use the 'questions procedure' to obtain information from the employer / service provider etc about your treatment.

1 Resolving the matter informally

RNIB has produced a standard letter about the DDA which you can use to send to service providers, asking them to resolve your complaint without going to court. This means that you may be able to get a positive result without having to take the case any further. For more information, contact the DDA Legal Service (01733 375 308 / DDAEnquiries@rnib.org.uk).

2 Conciliation

This is a process under which both sides in a dispute will discuss their case with a conciliator in the hope of being able to resolve a problem without the need to resort to court action.

Advantages of conciliation:

  • it is quick
  • the process is private, informal and non-confrontational
  • you may get an explanation or an apology
  • it should not cost any money.

Disadvantages of conciliation:

  • it only works if both parties wish it to
  • it may not be able to reach any conclusions
  • it will not set any legal precedent.
3 Court action

Cases of discrimination under the DDA can be taken to a county court in England, Wales and Northern Ireland, and to the sheriff’s court in Scotland. The case must be brought within six months of the incident complained of, although if the case has been registered with the Equality and Human Rights Commission (EHRC) conciliation service, this time limit will be extended by two months. The Equalities Commission for Northern Ireland do not have their own conciliation service, however cases going to conciliation will automatically be referred to an independent conciliator in Northern Ireland.

Cases can be dealt with in the small claims court in England and Wales, if the amount being claimed in damages is less than £5,000. By using the small claims track, it is possible to use the court without a solicitor and there is less financial risk, as the loser will probably not have to pay the other side’s costs, other than the issuing fee for the summons. If you are successful in your case, the court may award compensation, a declaration of discrimination and an injunction preventing the service provider from discriminating again.

Advantages of going to court:

  • the other party must become involved
  • a definite conclusion is reached and legal precedent for future cases may be established
  • procedures exist for enforcing decisions and hence the situation may be prevented from happening again.

Disadvantages of going to court:

  • it is time-consuming
  • even the simpler small claims court is quite formal. You may have to pay costs for any work carried out before the claim has been allocated to small claims track
  • if the case is outside the small claims court it could be expensive as a solicitor will probably be required and, unless you can get Legal Aid, you may, if you lose, have to pay the other side’s costs
  • if the action is unsuccessful the problem is unlikely to be resolved and there are no further avenues for you to explore.
4 Ombudsman services

Another avenue for resolving disputes is through the various ombudsman services:

In an employment or recruitment case

If you feel that an employer has unlawfully discriminated against you or failed to make a "reasonable adjustment", you may wish to take a case to an employment tribunal. You will need to make sure that you comply with the relevant grievance and dispute resolution procedure before going to the employment tribunal.

Complaints must be made to the tribunal within three months of the incident complained of, although this may be extended if the tribunal thinks it ‘just and equitable’ to do so.

When a formal complaint has been made to an employment tribunal, the DDA places a duty on ACAS / Northern Ireland Labour Relations agency to try to settle the dispute without a tribunal hearing. If this is successful, the agreement will be recorded in writing and you will be required to discontinue employment tribunal proceedings in exchange for a sum of money and / or undertakings by an employer to improve their procedures.

If you proceed with your case to a tribunal hearing, and you are successful, the tribunal may do the following:

  • make a declaration stating, for example, that a condition of your employment is discriminatory
  • order the employer to pay compensation
  • recommend that the employer takes action to address the problem you have complained about.

Note: Courts and employment tribunals are also classed as service providers and they will have to make sure that you can access their services as well.

Education

Post-16 education cases are brought in the county court in relation to goods facilities and services.

Pre-16 cases are brought:

  • in the Special Educational Needs and Disability Tribunal
  • or where relating to admissions, in the Admissions Appeal Panel
  • or where relating to permanent exclusion, in the Exclusions Panel.

More information

Download our What to do if you experience discrimination: DDA Factsheet 12 (Word)

Useful links

Return to DDA homepage.

Content author: DDAEnquiries@rnib.org.uk

Last updated: 28/07/2008 16:16

Print

More info

Quiz

When helping a blind person on steps you should:





Your stories

Jenny's story - Jenny Burgess volunteered for a disability support group run by people with physical disabilities. She was the only staff member with a sight problem. “I depended on a colleague with physical disabilities to give me a lift to work. I have far greater mobility problems than most people with physical disabilities who can drive a car, yet receive less benefit - it’s unfair and unjust.” Join our campaign to make the mobility component of the Disability Living Allowance fair - taken for a ride.