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These pages do not apply outside the United Kingdom.
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| Home | Overview | Disability | Discrimination | Employment | Services | Education | PSED | 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). Section references are to DDA 1995 as amended. |
This page looks at making a complaint under the rules about services to the public, public authority functions, or private members' clubs. There are also resources on the EHRC website: 'Access to services'.
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 former Disability Rights Commission website (no longer online) said that awards usually ranged from £1000 upwards.
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 'Vento bands' developed for employment cases may possibly 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 organisation about stammering (www.stammering.org/helpline.html).
Remember you can contact the Equality and Human Rights Commission helpline.
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 EHRC helpline and ask to be referred to the Disability Conciliation Service. This is likely to be an easier and cheaper approach than going to court. The Equality and Human Rights Commission says (Sept 2009):
"The EHRC's disability conciliation service offers an effective alternative route to court action, when a breach of the Disability Discrimination Act may have occurred.
Disability conciliation uses a rights-based approach that ensures settlements are quick and effective. The focus is on changes to practices, policies and procedures. It can lead to lasting change for disabled people and not just compensatory payments.
The service is free, confidential and accessible, enabling disabled people to exercise their rights in relation to goods and services and post-16 education.
The Commission helpline identifies appropriate cases for conciliation and refers them to an internal conciliation management unit. The conciliation management unit assesses the viability of cases and encourages disabled people and service and education providers to agree to conciliation."
Source: www.equalityhumanrights.com/uploaded_files/hrc_resolution_10_7_uk_response.doc
There is a Disability Conciliation Service Northern Ireland (link to equalityni.org) operated by the NI Equality Commission.
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 occasionally assist in bringing proceedings (see page on EHRC).
There is a questions and replies procedure for cases on services, as for employment cases. 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. See Proposed Changes:Equality Tribunals (particularly 'Work and Pensions Committee report' and 'Disability Rights Commission views') on difficulties that seem to deter many people from going to court.
I am not going to talk about how to run a court case. There are some resources on the EHRC website: 'Access to services'.
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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Last updated 5th February, 2010
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