Statutory Rules of Northern Ireland

"the Act" means the Disability Discrimination Act 1995;

"tribunal" means an industrial 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

(complete if you wish to give reasons, otherwise delete)].

     4. Do you agree that the statement in paragraph 2 above is an accurate description of what happened?

If not, in what respect do you disagree or what is your version of what happened?

     5. Do you accept that your treatment of me or any failure complained of was unlawful? If not, why not?

     6. (Any other questions you wish to ask.)

     7. Please send your reply to *[the above address] *[the following address]

     (address)

     (signature of complainant)

     (date)

* delete as appropriate

NOTES

    (1) Under section 56(3) of the Act (as amended by the Disability Discrimination Act 1995 (Amendment) Regulations (Northern Ireland) 2004), this questionnaire and any reply are admissible in evidence in industrial tribunal proceedings brought under Part II of the Act or - in cases concerning employment services - under Part III.

    (2) Section 56(3)(b) allows a tribunal to draw any inference it considers is just and equitable from -

    
• 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 II of the Act or under Part III if the case concerns employment services.

• an amended definition of discrimination;

• a specific prohibition of harassment;

• extension of the scope of Part II 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 industrial tribunal. Article 4(a) applies where a question is served before a complaint has been presented to an industrial tribunal. Article 4(b) applies where a question is served after a complaint has been presented to an industrial 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.