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| Home | Overview | Disability | Employment | Services | Education | Benefits | Business | Advice | Links | More... |
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These pages do not apply outside the United Kingdom.
|
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The 'Revised Code'
means the 2006 (Revised) Code of Practice - Rights of Access: services to the public, public authority functions, private clubs and premises (pdf file on EHRC website). The 2002 Code of Practice which applied before 4th December 2006 is available on the archived DRC website. Section references |
This page looks at making a complaint under the rules about services to the public, public authority functions, or private members' clubs.
Where there is a breach of the DDA, the main legal remedy is money compensation. Most or all of the compensation is normally for 'injury to feelings' (section 25(2)). The Disability Rights Commission website says that awards usually range from £1000 upwards - Compensation for Disability Discrimination (link to DRC website).
Ross v Ryanair is an example of a case discussing levels of compensation. It cites a case saying: "£750 is the least that may now days be awarded for the very slightest injury to feelings, deserving of damages, caused by discrimination on the ground of disability." The DRC website includes some examples of cases and compensation awarded (link to DRC website). The 'Vento bands' developed for employment cases may also be helpful.
Instead, or as well, you might want a letter of apology - and perhaps an assurance that things will change within the organisation, eg through better staff training.
Bringing in the Disability Conciliation Service (below) may be particularly useful where you would like lasting change. The British Stammering Association may also be able to help improve the awareness of the orgnisation about stammering (www.stammering.org/helpline.html).
Remember you can call the Disability Rights Commission helpline on 08457 622 633, or send a message via the DRC website - www.drc-gb.org.
I suggest you should at least complain to the relevant business or organisation (para 20.15 of Code ). Even if you don't want to bring a legal claim, this lets them know their customer service is not at the level it should be and may well lead them to take steps to correct this. See
You could approach the Disability Rights Commission and ask to be referred to the Disability Conciliation Service. This is likely to be an easier and cheaper approach than going to court. See example of case resolved by the Disability Conciliation Service, concerning a speech impairment.
Settlements through the Service can include compensatory payments, but will often also look at creating lasting change in how the organisation treats disabled people.
Websites:
www.dcs-gb.org
www.drc.org.uk/about_us/conciliation_service.aspx.html
You may or may not wish to get legal advice or approach a relevant organisation (see my web page on Sources of Help and Advice, some of which are free). As well as helping you, legal representation (or even just preliminary legal advice) may help establish favourable precedents for people who stammer. Any cost obviously needs to be considered.
In some cases the Disability Rights Commission may assist in bringing proceedings (see page on DRC).
Since December 2005, there is a questions and replies procedure for cases on services, as has been available in employment cases for some time. This procedure may be used by complainants, prospective or otherwise, in deciding whether to bring a claim, and how to formulate and present a case most effectively. The relevant regulations are The Disability Discrimination (Questions and Replies) Order 2005 - www.opsi.gov.uk/si/si2005/20052703.htm.
If you wish to go on to court, any proceedings will normally go to the County Court (section 25(1) - or the sheriff court in Scotland) and must usually be started within six months unless the court extends the period (Schedule 3 para 6). Claims in respect of employment services, or group insurance services to employees, go to an employment tribunal.
In practice very few cases on services seem to go to court. The Disability Rights Commission says research evidence makes clear that a major reason is because of the expense and complexity of the County Court process . There are court fees, and apparently discrimination cases can often be allocated to the 'fast track' or 'multitrack' where the loser is exposed to pay the winner's legal costs. More on Disability Rights Commission comments on County Courts,,,
I am not going to talk about how to run a County Court case. As with the discussion under employment (see here) you need to consider what evidence to bring.
Section 55 # covers victimisation and gives rights to help protect people bringing or involved in proceedings under the Act (paras 20.2-20.4 of Revised Code ).
Employees, agents and others knowingly aiding discrimination can be liable as well as the relevant business (sections 57 # and paras 20.5-20.7 of Revised Code).
However, a business or other person is not liable for an act of an employee which is not 'in the course of employment' or where the business proves that he/it took such steps as were reasonably practicable to prevent the employee doing the act or acts of that description (section 58(5) and paras 20.8-20.10 of Code). A possible course is to bring any proceedings against the employee(s) involved as well as the employer in case the employer manages to avoid liability under this provision, but the mental element of 'knowledge' is crucial for an employee.
The Act cannot be excluded by contract (section 26), except on a settlement of a claim (para 20.11-20.12 of Revised Code).
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© Allan Tyrer 1999-2007
Last updated 21st June, 2007
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