Disability Discrimination Act 1995

55 Victimisation. E+W+S

(1) For the purposes of Part II [F1 , Part 3 or Part 4], a person (“A”) discriminates against another person (“B”) if—

(a) he treats B less favourably than he treats or would treat other persons whose circumstances are the same as B’s; and

(b) he does so for a reason mentioned in subsection (2).

(2) The reasons are that—

(a) B has—

(i) brought proceedings against A or any other person under this Act; or

(ii) given evidence or information in connection with such proceedings brought by any person; or

(iii) otherwise done anything under this Act in relation to A or any other person; or

(iv) alleged that A or any other person has (whether or not the allegation so states) contravened this Act; or

(b) A believes or suspects that B has done or intends to do any of those things.

(3) Where B is a disabled person, or a person who has had a disability, the disability in question shall be disregarded in comparing his circumstances with those of any other person for the purposes of subsection (1)(a).

[F2 (3A) For the purposes of Chapter 1 of Part 4—

(a) references in subsection (2) to B include references to—

(i) a person who is, for the purposes of that Chapter, B’s parent; and

(ii) a sibling of B; and

(b) references in that subsection to this Act are, as respects a person mentioned in sub-paragraph (i) or (ii) of paragraph (a), restricted to that Chapter.]

(4) Subsection (1) does not apply to treatment of a person because of an allegation made by him if the allegation was false and not made in good faith.

[F3 (5) In the case of an act which constitutes discrimination by virtue of this section, sections 4, 4B, 4D, [F4 4G,]6A, 7A, 7C, 13, 14A, 14C and 16A also apply to discrimination against a person who is not disabled.

(6) For the purposes of Part 2 and, to the extent that it relates to the provision of employment services, Part 3, subsection (2)(a)(iii) has effect as if there were inserted after “under” “or by reference to”.]

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. 55(1) substituted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(7) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F2 S. 55(3A) inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 38(8) (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. I

F3 S. 55(5)(6) added (E.W.S.) (3.7.2003 for specified purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), regs. 1(2)(3), {21}

F4 Word in s. 55(5) inserted (E.W.S) (1.12.2003 for specified purposes, otherwise 1.10.2004) by The Disability Discrimination Act 1995 (Pensions) Regulations (S.I. 2003/2770), {regs. 1(2)(3), 4(3)}

Modifications etc. (not altering text)

C1 S. 55 modified (E.W.) (2.3.1998) by S.I. 1999/218, art. 3, Sch. (with art. 1(2))

S. 55 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

C2 S. 55 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order (S.I. 2003/1964), art. 3, {Sch.}

55 Victimisation. N.I.

(1)F or the purposes of Part II or Part III, a person (“A”) discriminates against another person (“B”) if—

(a) he treats B less favourably than he treats or would treat other persons whose circumstances are the same as B’s; and

(b) he does so for a reason mentioned in subsection (2).

(2) The reasons are that—

(a) B has—

(i) brought proceedings against A or any other person under this Act ; or

(ii) given evidence or information in connection with such proceedings brought by any person; or

(iii) otherwise done anything under this Act in relation to A or any other person; or

(iv) alleged that A or any other person has (whether or not the allegation so states) contravened this Act ; or

(b) A believes or suspects that B has done or intends to do any of those things.

(3) Where B is a disabled person, or a person who has had a disability, the disability in question shall be disregarded in comparing his circumstances with those of any other person for the purposes of subsection (1)(a).

(4) Subsection (1) does not apply to treatment of a person because of an allegation made by him if the allegation was false and not made in good faith.

[F5 (5) In the case of an act which constitutes discrimination by virtue of this section, sections 4, 4B, 4D, 4G, 6A, 7A, 13, 14A, 14C and 16A also apply to discrimination against a person who is not disabled.

(6) For the purposes of Part II and, to the extent that it relates to the provision of employment services, Part III, subsection (2)(a)(iii) has effect as if there were inserted after “under” or by reference to.]

Extent Information

E2 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F5 S. 55(5)(6) inserted (N.I.) (21.2.2004 for specified purposes, otherwise 1.10.2004) by the Disability Discrimination Act (Amendment) Regulations (Northern Ireland) (S.R. 2004/55), regs. 1(2)(3), {21}

Modifications etc. (not altering text)

C3 S. 55 modified (E.W.) (2.3.1998) by S.I. 1999/218, art. 3, Sch. (with art. 1(2))

S. 55 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.