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What to do if you are discriminated against
If you believe that your employer has treated you less favourably than other
employees because of your disability, or if your employer has not made reasonable
adjustments for you in the workplace, you may want to consider further action. The Question Procedure To follow the question procedure you must ask your employer to complete a Disability Discrimination Act (DDA) questionnaire within three months of the treatment you are complaining about. You need to ask your employer to reply to this questionnaire which sets out the reasons why you feel that you have been discriminated against, and ask your employer to comment on your claim. Whether or not you agree with them, your employer's answers in the questionnaire should help you decide if you need to make a complaint to an Employment Tribunal or if you can settle the problem without legal involvement. The DDA questionnaire is available from Jobcentre Plus (www.jobcentreplus.gov.uk) and Citizens Advice Bureaux (www.nacab.org.uk). The questionnaire is available in Braille and on audio cassette if required. Employment Tribunals Your complaint to the Employment Tribunal must be made within three months of the treatment you are complaining about. If you have already tried or are trying to settle the dispute, for example through the questions procedure, the three month time limit still applies. You will need to get a copy of the booklets 'What do employment tribunals do?' and 'How to apply to an employment tribunal' (which includes the application form). These are available from Jobcentre Plus (www.jobcentreplus.gov.uk) and Citizens Advice Bureaux (www.nacab.org.uk). Once the Employment Tribunal has received your completed form, it will send a copy to your employer and to a conciliation officer at the Advisory, Conciliation and Arbitrations Service (ACAS) (www.acas.org.uk) . ACAS will assign you a conciliation officer. If you need any special arrangements to be made for the Tribunal hearing, you should tell your conciliation officer. ACAS will pay costs for any reasonable arrangements that are made. Going to the Tribunal Tribunal hearings are conducted informally and you are not obliged to have legal representation. It is in your interest to attend in person, but you may ask a lawyer, trade union, professional association, relative or friend to represent you. The hearing will be held at an Employment Tribunal Service Office. All Offices are equipped with induction loops and most have wheelchair access. An alternative venue will be arranged if necessary. If your application was made using Braille or audio cassette, the Tribunal hearing will use both alternative and standard written formats. The Employment Tribunal Service will pay your travel and other expenses (within certain limits) but you will have to pay the cost of any representation you may decide to have. The Tribunal will ask you to give evidence about your claim and may also want you to provide evidence that you meet the Disability Discrimination Act's definition of disability. Your employer will also be allowed to give evidence at the hearing. The Tribunal will listen to the evidence and any legal arguments and then make a decision. The Tribunal's decision If the Tribunal upholds your complaint, it may make a number of recommendations. Your employer may be ordered to pay compensation and asked to make any necessary reasonable adjustments. The Tribunal can also award compensation for injury to your feelings. If the Employment Tribunal finds that you have been unfairly dismissed because of your disability, it can order your employer to reinstate you. If you disagree with the Tribunal's decision, you can apply to the Employment Appeal Tribunal (www.employmentappeals.gov.uk). Details of this procedure are sent out with the decision. Further information
The Disability Rights Commission (DRC) (www.drc-gb.org)
is a good source of advice if you feel you may have been discriminated against
at work or elsewhere.
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