Your Rights

Basic questions about the DDA answered

Summary: Outline of the DDA and what it does.

• What is the DDA?
• Who does the Act apply to?
• Will this end all discrimination against people with sight problems?
• Does this law apply to Scotland, Northern Ireland and Wales?
• What can I do if I feel I have been discriminated against?

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What is the DDA?

The Disability Discrimination Act is legislation which aims to stop discrimination against disabled people. The DDA covers different sorts of situations, for example, employment, goods, services and facilities, transport, education and premises. 

Who does the Act apply to?

The Act applies to anyone providing, for payment or free of charge, a good, service or facility direct to the public.
For example: shops, supermarkets, launderettes, travel agents, banks, central and local government.

Also covered by the legislation are:

• public authorities when carrying out public functions
  (for example, the police, when arresting someone)
• anyone letting, selling or managing premises. This includes landlords and estate agents, and common hold associations
• private clubs which have 25 or more members
• anything that happens on buses, coaches, trains, taxis, when renting vehicles or using breakdown recovery services.

Employers

Since October 2004, the employment parts of the Act, covering both recruitment and people in work, apply to all employers and to most types of occupation other than the armed forces. The employment parts of the Act also cover trade unions, qualification bodies, and local government councillors.

Education providers

The education parts of the Act, which were added by the Special Educational Needs and Disability Act 2001, apply to providers of both pre-16 and post-16 education.

There are specific provisions applying to qualification bodies which award vocational qualifications (these are dealt with under the employment provisions), and general qualification bodies (eg those awarding GCSEs) from September 2007.

Will this end all discrimination against people with sight problems?

The legislation covers blind and partially sighted people, but it does not stop all types of discrimination. Discrimination will only be unlawful if:

• the treatment falls within what is prohibited (for example, a refusal of service)
• it amounts to discrimination which can’t be justified (where justification is permitted)
• it would be reasonable for adjustments to be made.

The term 'reasonable' is used in different parts of the Act but it is not defined and there is bound to be much argument about what it means. Ultimately it may take a court or tribunal to decide in each case.

Does this law apply to Scotland, Northern Ireland and Wales?

The provisions relating to employment and goods and services apply in all the above countries. Separate but similar provisions apply in relation to education, public authority functions, councillors, use of transport vehicles and reasonable adjustments in relation to housing, in Northern Ireland.

Find out more from visit Northern Ireland Equality Commission.

What can I do if I feel I have been discriminated against?

By an employer (or prospective employer), trade organisation or qualifications body:

You can go to an employment tribunal. This must be done within three months of the act of discrimination (other than in exceptional circumstances)

Find out more about Employment, recruitment and the DDA

By someone providing goods, facilities, services or premises, a public authority function, a specified transport vehicle or a private club:

You can take the case to the civil courts, within six months of the act of discrimination. If you succeed in your claim, you may get an injunction to make sure that what you are complaining about does not happen again (or to make, for example, the service provider do something) and you can also claim compensation for injury to feelings as well as receiving an order from the court stating that you have been discriminated against.

The conciliation / advice services:

• ACAS (for employment cases)
• Equalities ad Human Rights Commission (EHRC)
  (for goods, facilities, services and premises cases, transport vehicle cases, private clubs and public authority functions)

can give assistance in resolving disputes before they go to court. In Northern Ireland, the relevant bodies would be:

• Northern Ireland Labour Relations Agency
• Northern Ireland Equality Commission (NIEC).

If you think you have been discriminated against contact a relevant disability organisation (such as RNIB), Citizens Advice Bureau, or law centre.

Find out more about:

• Access to goods, facilities and services, and public authority functions under the DDA
• Transport vehicles and the DDA
• Private clubs and the DDA

By an education provider

If a complaint relates to pre-16 education, it will be brought to the Special Educational Needs and Disability Tribunal (SENDIST), or the Appeals Panel, or the Independent Appeals Panel for Exclusions, depending upon the nature of the discrimination complained of. In Scotland, claims must be brought to the sheriff's court. If it relates to post-16 education in England and Wales, it will be brought to the county court. The EHRC / NIEC also provides a conciliation service for these claims.

Find out more about:

• Education pre 16 and the DDA
• Education post 16 and the DDA
• What to do if you have been treated unfairly.

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Content author: DDAEnquiries@rnib.org.uk

Last updated: 28/04/2008 16:21