United Kingdom Statutory Instruments

"the Act" means the Disability Discrimination Act 1995;

"tribunal" means an employment tribunal.

*(a)


(i) directly discriminating against me, or

(ii) otherwise treating me less favourably for a reason relating to my disability in circumstances in which that treatment cannot be justified,

* (b) failing to comply with a duty to make a reasonable adjustment which applied to you in my case,

* (c) victimising me

* and/or

     * consider that you may have subjected me to harassment contrary to the Act.      2. (Give details, including a factual description of the treatment received, the effect of the treatment received (if the complaint relates to harassment), or the failure complained of. Describe any relevant circumstances leading up to this and include any relevant dates or approximate dates).

     3. I consider this treatment or failure on your part may have been unlawful [because

    
• a failure, without reasonable excuse, to reply to the questions within eight weeks, or
  
      
• an evasive or equivocal reply.
  
  

This could include an inference that the person questioned has discriminated against the complainant or subjected the complainant to harassment in a way which is unlawful under Part 2 of the Act or under Part 3 if the case concerns employment services.

• an amended definition of discrimination;

• a specific prohibition of harassment;

• extension of the scope of Part 2 of the Act to cover, for example, partnerships;

• the requirement that the respondent reply to the questions served by the complainant within 8 weeks, in the absence of a reasonable excuse.

Article 3 of this Order prescribes the forms which may be used for the purposes mentioned in section 56 of the Act, as amended. The form set out in Schedule 1 is for use where the complainant considers that he may have been discriminated against or subjected to harassment in contravention of the Act and wishes to question the respondent. The form set out in Schedule 2 is for use by the respondent when replying.

Article 4 relates to the period within which questions must be served on the respondent if they are to be admissible as evidence in proceedings before an employment tribunal. Article 4(a) applies where a question is served before a complaint has been presented to a tribunal. Article 4(a)(ii) extends the period provided for in Article 4(a)(i) in cases where the 3-month time limit for bringing proceedings before an employment tribunal has been extended as a result of regulation 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004. Article 4(b) applies where a question is served after a complaint has been presented to an employment tribunal. It extends the period provided for in the 1996 Order from 21 to 28 days.

Article 5 relates to the manner of service of questions and replies.

No Regulatory Impact Assessment has been prepared in connection with this Order as it imposes negligible costs on business.