Disability Discrimination Act 1995

55 Victimisation.E+W+S

(1)For the purposes of [F1Part 2 or Part 4, or Part 3 other than sections 24A to 24L,] 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 [F2, or by reference to,] 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).

[F3(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.

[F4(5)In the case of an act which constitutes discrimination by virtue of this section, sections 4, 4B, 4D, [F54G,] 6A, 7A, 7C, 13, 14A, 14C [F6, 15B] and 16A also apply to discrimination against a person who is not disabled.

(6)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

55 Victimisation.N.I.

(1)For the purposes of Part II or Part III [F8(other than sections 24A to 24L)], 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 [F9or Part III of the 2005 Order] ; or

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

(iii)otherwise done anything under [F10, or by reference to,] this Act [F9or Part III of the 2005 Order] 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 [F9or Part III of the 2005 Order] ; 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).

[F11(3A)For the purposes of Chapter I of Part III of the 2005 Order—

(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 or Part III of the 2005 Order are, as respects a person mentioned in sub-paragraph (i) or (ii) of paragraph (a), to be read as references 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.

[F12(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 [F13, 15B] and 16A also apply to discrimination against a person who is not disabled.

(6)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]