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Right to Equal Treatment: Enforcing the Disability Discrcimination Act
A complaint of unlawful discrimination in relation to employment must be brought in the Employment Tribunal. Proceedings should be started within three months of the act of the discrimination complained of, or of the last act if it is a continuing act of discrimination, such as an ongoing failure to make reasonable adjustments. The Tribunal does have discretion to hear a case presented outside the time limits if it considers it just and equitable to do so. In deciding whether or not to allow a complaint presented out of time to proceed, the Tribunal can take into account any relevant factors including the strength of the case, the reasons for the delay and the extent to which a person’s disability has impeded the ability to bring a case within the prescribed time limits.
Claims in relation to unlawful discrimination in the provision of goods, facilities and services must be brought by civil proceedings in the County Courts. Claims must be brought within six months of the act of discrimination complained of. The Courts have discretion to extend the time for bringing a complaint if it considers it just and equitable to do so. Also, where a disabled person has consulted the network of assistance agencies established under the DDA before the end of the six-month period, the time limit will be extended by a further two months.
Remedies
The Employment Tribunal can make such orders as it considers just and equitable These include a declaration of the rights of the parties, compensation for foreseeable damages arising directly from the unlawful act of discrimination, damages for injury to feelings and a recommendation that within a specified period of time the respondent takes reasonable action to remove or reduce the adverse effects on the complainant of any matter to which the complaint relates. In the County Court, injunctive relief is also available.
The DDA provides for limits to be prescribed as to the maximum amount of damages that can be awarded as compensation for injury to feelings under Part 3 (non-employment cases).
Claims in relation to unlawful discrimination in the provision of goods, facilities and services must be brought by civil proceedings in the County Courts. Claims must be brought within six months of the act of discrimination complained of. The Courts have discretion to extend the time for bringing a complaint if it considers it just and equitable to do so. Also, where a disabled person has consulted the network of assistance agencies established under the DDA before the end of the six-month period, the time limit will be extended by a further two months.
Remedies
The Employment Tribunal can make such orders as it considers just and equitable These include a declaration of the rights of the parties, compensation for foreseeable damages arising directly from the unlawful act of discrimination, damages for injury to feelings and a recommendation that within a specified period of time the respondent takes reasonable action to remove or reduce the adverse effects on the complainant of any matter to which the complaint relates. In the County Court, injunctive relief is also available.
The DDA provides for limits to be prescribed as to the maximum amount of damages that can be awarded as compensation for injury to feelings under Part 3 (non-employment cases).
