For the purposes of the Act, this meanstreating a disabled person less favourably than an able-bodied person.
It is established if it cannot be shown that this treatment is justified in any way.
Discrimination will be deemed to have occurred if there has been a failure to comply with a duty under the Act, but a person or organisation accused ofdiscrimination can seek to show that a failure to comply with a provision of the Act was justified, as follows:
The disabled person(s) concerned can apply within three months of the incident to an industrial tribunal;
The tribunal can determine a person's rights under the Act;
The tribunal can award compensation, including compensation for hurt feelings;
The tribunal can order the employer to take action to remedy the cause of the discrimination. If the action is not taken, the amount of compensation can be increased.
In a case of discrimination in the supply of goods, services or facilities:
A civil claim can be brought;
Proceedings will be brought within six months of the incident of allegeddiscrimination;
Damages can be awarded, including damages for hurt feelings.