Disability Discrimination Act 1995

[F4 16C Instructions and pressure to discriminate E+W+S

 

(1) It is unlawful for a person—

(a) who has authority over another person, or

(b) in accordance with whose wishes that other person is accustomed to act,

to instruct him to do any act which is unlawful under this Part or, to the extent that it relates to the provision of employment services, Part 3, or to procure or attempt to procure the doing by him of any such act.

(2) It is also unlawful to induce, or attempt to induce, a person to do any act which contravenes this Part or, to the extent that it relates to the provision of employment services, Part 3 by—

(a) providing or offering to provide him with any benefit, or

(b) subjecting or threatening to subject him to any detriment.

(3) An attempted inducement is not prevented from falling within subsection (2) because it is not made directly to the person in question, if it is made in such a way that he is likely to hear of it.]

[F5 (4) Proceedings in respect of a contravention of this section may be brought only—

(a) by the Commission for Equality and Human Rights, and

(b) in accordance with section 25 of the Equality Act 2006.]

Extent Information

E1 This section extends to England, Wales and Scotland only; a separate s. 16C exists for Northern Ireland only from 21.2.2004.

Textual Amendments

F4 Ss. 16A-16C and cross-heading inserted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 15(1)

F5 S. 16C(4) added (E.W.S.) (1.10.2007) by Equality Act 2006 (c. 3), ss. 40, 93, Sch. 3 para. 43; S.I. 2007/2603, art. 2

[F3 16C Instructions and pressure to discriminate N.I.

(1) It is unlawful for a person –

(a) who has authority over another person, or

(b) in accordance with whose wishes that other person is accustomed to act,

to instruct him to do any act which is unlawful under this Part or, to the extent that it relates to the provision of employment services, Part III, or to procure or attempt to procure the doing by him of any such act.

(2) It is also unlawful to induce, or attempt to induce, a person to do any act which contravenes this Part or, to the extent that it relates to the provision of employment services, Part III by –

(a) providing or offering to provide him with any benefit, or

(b) subjecting or threatening to subject him to any detriment.

(3) An attempted inducement is not prevented from falling within subsection (2) because it is not made directly to the person in question, if it is made in such a way that he is likely to hear of it.]

Extent Information

E2 This section extends to Northern Ireland only; a separate s. 16C for England, Wales and Scotland only repealed (1.10.2010).