The Disability Discrimination Act

What You Need to Know

A Guide for Small to Medium Businesses

Section 5 - Enforcement of the DDA Parts II and III

The DDA can be enforced through the Criminal and Civil Court processes:

• Part II - If it is 'beyond reasonable doubt' discrimination has occurred it goes through the Criminal Court process
• Part III - If it is 'more likely than not' that discrimination has occurred it goes through the Civil Court process

Part II (Employment)

• Disabled people can use the Employment Tribunal system to make complaints.
• The "questions procedure" (obtained from the DRC) records the employer's or prospective employer's view of the alleged act if discrimination has occurred.
• There is no limit on the amount of compensation an Employer Tribunal can award in a DDA case.

Part III (Goods, Facilities and Services)

• Claims are made through the civil court system.
• Claims for compensation less than five thousand pounds may go through the small claims division of the County Court.

The DRC can advise about conciliation services between the disabled person and the employer or service provider.