Disability Discrimination Act 1995

56 Help for persons suffering discrimination. E+W+S

(1) For the purposes of this section—

(a) a person who considers that he may have been discriminated against [F1 or subjected to harassment], in contravention of any provision of Part II [F2 or, to the extent that it relates to the provision of employment services, Part 3], is referred to as “the complainant”; and

(b) a person against whom the complainant may decide to make, or has made, a complaint under Part II [F2 or, to the extent that it relates to the provision of employment services, Part 3] is referred to as “the respondent”.

(2) The Secretary of State shall, with a view to helping the complainant to decide whether to make a complaint against the respondent and, if he does so, to formulate and present his case in the most effective manner, by order prescribe—

(a) forms by which the complainant may question the respondent on his reasons for doing any relevant act, or on any other matter which is or may be relevant; and

(b) forms by which the respondent may if he so wishes reply to any questions.

(3) Where the complainant questions the respondent in accordance with forms prescribed by an order under subsection (2)—

(a) the question, and any reply by the respondent (whether in accordance with such an order or not), shall be admissible as evidence in any proceedings under Part II [F2 or, to the extent that it relates to the provision of employment services, Part 3];

(b) if it appears to the tribunal in any such proceedings—

(i) that the respondent deliberately, and without reasonable excuse, omitted to reply within [F3 the period of eight weeks beginning with the day on which the question was served on him], or

(ii) that the respondent’s reply is evasive or equivocal,

it may draw any inference which it considers it just and equitable to draw, including an inference that the respondent has contravened a provision of Part II [F2 or, to the extent that it relates to the provision of employment services, Part 3].

(4) The Secretary of State may by order prescribe—

(a) the period within which questions must be duly served in order to be admissible under subsection (3)(a); and

(b) the manner in which a question, and any reply by the respondent, may be duly served.

(5) This section is without prejudice to any other enactment or rule of law regulating interlocutory and preliminary matters in proceedings before an [F4 employment tribunal], and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1 Words in s. 56(1)(a) inserted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 22(b)

F2 Words in s. 56 inserted (E.W.S.) (3.7.2003 for certain purposes otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 22(b)

F3 Words in s. 56(3)(b)(i) substituted (E.W.S.) (3.7.2003 for certain purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 22(c)

F4 Words in s. 56(5) substituted (E.W.S.) (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Commencement Information

I1 S. 56 wholly in force at 11.7.1996; s. 56 not in force at Royal assent see s. 70(3); s. 56 in force (E.W.S.) at 6.6.1996 by S.I. 1996/1474, art. 2(1), Sch. Pt. I

56 Help for persons suffering discrimination. N.I.

(1) For the purposes of this section—

(a) a person who considers that he may have been discriminated against [F5 or subjected to harassment], in contravention of any provision of Part II [F6 or, to the extent that it relates to the provision of employment services, Part III], is referred to as “the complainant”; and

(b) a person against whom the complainant may decide to make, or has made, a complaint under Part II [F6 or, to the extent that it relates to the provision of employment services, Part III] is referred to as “the respondent”.

(2) The Secretary of State shall, with a view to helping the complainant to decide whether to make a complaint against the respondent and, if he does so, to formulate and present his case in the most effective manner, by order prescribe—

(a) forms by which the complainant may question the respondent on his reasons for doing any relevant act, or on any other matter which is or may be relevant; and

(b) forms by which the respondent may if he so wishes reply to any questions.

(3) Where the complainant questions the respondent in accordance with forms prescribed by an order under subsection (2)—

(a) the question, and any reply by the respondent (whether in accordance with such an order or not), shall be admissible as evidence in any proceedings under Part II [F6 or, to the extent that it relates to the provision of employment services, Part III];

(b) if it appears to the tribunal in any such proceedings—

(i) that the respondent deliberately, and without reasonable excuse, omitted to reply within [F7 the period of eight weeks beginning with the day on which the question was served on him], or

(ii) that the respondent’s reply is evasive or equivocal,

it may draw any inference which it considers it just and equitable to draw, including an inference that the respondent has contravened a provision of Part II [F6 or, to the extent that it relates to the provision of employment services, Part III].

(4) The Secretary of State may by order prescribe—

(a) the period within which questions must be duly served in order to be admissible under subsection (3)(a); and

(b) the manner in which a question, and any reply by the respondent, may be duly served.

(5) This section is without prejudice to any other enactment or rule of law regulating interlocutory and preliminary matters in proceedings before an industrial tribunal, and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.

Extent Information

E2 This version of this provision extends to Northern Ireland only; in its application to Northern Ireland, this section also has effect subject to the modifications set out in Sch. 8; see s. 70(6). A separate version has been created for England and Wales and Scotland only

Textual Amendments

F5 Words in s. 56(1)(a) inserted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 22(b)

F6 S. 56: words inserted (N.I.) (21.2.2004 for specified purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 22(a)

F7 Words in s. 56 substituted (N.I.) (21.2.2004 for certain purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/55), regs. 1(2)(3), 22(c) (with reg. 2(2)(3))

Commencement Information

I2 S. 56 wholly in force at 11.7.1996; s. 56 not in force at Royal assent see s. 70(3); s. 56 in force (N.I.) at 11.7.1996 by S.R. 1996/280, art. 2(1), Sch. Pt. I