Disability Rights Commission Act 1999

Appeal against non-discrimination notice

10 (1) A person on whom a non-discrimination notice is served may, within the period of six weeks beginning on the day after the day on which the notice is served on him, appeal against any requirement imposed by the notice under section 4(1)(b) or (3).

(2) An appeal under this paragraph lies—

(a) to an employment tribunal, so far as the requirement relates to acts within the tribunal’s jurisdiction; and

(b) to a county court or a sheriff court, so far as the requirement relates to acts which are not within the jurisdiction of an employment tribunal.

(3) The court or tribunal may quash or, in Scotland, recall any requirement appealed against—

(a) if it considers the requirement to be unreasonable; or

(b) in the case of a requirement imposed under section 4(1)(b), if it considers that the Commission’s finding that the person concerned had committed or is committing the unlawful act in question was based on an incorrect finding of fact.

(4) On quashing or recalling a requirement, the court or tribunal may direct that the non-discrimination notice shall have effect with such modifications as it considers appropriate.

(5) The modifications which may be included in such a direction include—

(a) the substitution of a requirement in different terms; and

(b) in the case of a requirement imposed under section 4(1)(b), modifications to the details given under section 4(1)(a) so far as necessary to describe any unlawful act on which the requirement could properly have been based.

(6) Sub-paragraph (1) does not apply to any modifications contained in a direction under sub-paragraph (4).

(7) If the court or tribunal allows an appeal under this paragraph without quashing or recalling the whole of the non-discrimination notice, the Commission may by notice to the person concerned vary the non-discrimination notice—

(a) by revoking or altering any recommendation included in pursuance of the Commission’s power under section 4(2); or

(b) by making new recommendations in pursuance of that power.

11 For the purposes of this Act a non-discrimination notice becomes final when—

(a) an appeal under paragraph 10 is dismissed, withdrawn or abandoned or the time for appealing expires without an appeal having been brought; or

(b) an appeal under that paragraph is allowed without the whole notice being quashed or, in Scotland, recalled.