Disability Discrimination Act 1995

X1 11 Advertisements suggesting that employers will discriminate against disabled persons. U.K.

(1) This section applies where—

(a) a disabled person has applied for employment with an employer;

(b) the employer has refused to offer, or has deliberately not offered, him the employment;

(c) the disabled person has presented a complaint under section 8 against the employer;

(d) the employer has advertised the employment (whether before or after the disabled person applied for it); and

(e) the advertisement indicated, or might reasonably be understood to have indicated, that any application for the advertised employment would, or might, be determined to any extent by reference to—

(i) the successful applicant not having any disability or any category of disability which includes the disabled person’s disability; or

(ii) the employer’s reluctance to take any action of a kind mentioned in section 6.

(2) The tribunal hearing the complaint shall assume, unless the contrary is shown, that the employer’s reason for refusing to offer, or deliberately not offering, the employment to the complainant was related to the complainant’s disability.

(3) In this section “advertisement” includes every form of advertisement or notice, whether to the public or not.

Editorial Information

X1 The moving of the cross-heading preceding s. 8 to follow s. 17 on 3.7.2003 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of s. 11 which is brought under a different existing cross-heading.

Modifications etc. (not altering text)

C1 S. 11 modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch. (with art. 1(2))

S. 11 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

S. 11 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch.