[F416ARelationships which have come to an endE+W+S
(1)This section applies where—
(a)there has been a relevant relationship between a disabled person and another person (“the relevant person”), and
(b)the relationship has come to an end.
(2)In this section a “relevant relationship” is—
(a)a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship by the other party to it is unlawful under any preceding provision of this Part [F5,other than sections 15B and 15C]; or
(b)a relationship between a person providing employment services F6. . . and a person receiving such services.
(3)It is unlawful for the relevant person—
(a)to discriminate against the disabled person by subjecting him to a detriment, or
(b)to subject the disabled person to harassment,
where the discrimination or harassment arises out of and is closely connected to the relevant relationship.
(4)This subsection applies where—
(a)a provision, criterion or practice applied by the relevant person to the disabled person in relation to any matter arising out of the relevant relationship, or
(b)a physical feature of premises which are occupied by the relevant person,
places the disabled person at a substantial disadvantage in comparison with persons who are not disabled, but are in the same position as the disabled person in relation to the relevant person.
(5)Where subsection (4) applies, it is the duty of the relevant person to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, practice or criterion, or feature, having that effect.
(6)Nothing in subsection (5) imposes any duty on the relevant person if he does not know, and could not reasonably be expected to know, that the disabled person has a disability and is likely to be affected in the way mentioned in that subsection.
(7)In subsection (2), reference to an act of discrimination or harassment which is unlawful includes, in the case of a relationship which has come to an end before the commencement of this section, reference to such an act which would, after the commencement of this section, be unlawful.]
Extent Information
E1This section extends to England, Wales and Scotland only; a separate s. 16A exists for Northern Ireland only from 21.2.2004.
Textual Amendments
F4Ss. 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)
F5Words in s. 16A(2)(a) inserted (E.W.S.) (5.12.2005 for certain purposes and 4.12.2006 otherwise) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 7(a); S.I. 2005/2774, art. 3(j), 4(f)
F6Words in s. 16A(2)(b) repealed (E.W.S.) (5.12.2005) by Disability Discrimination Act 2005 (c. 13), ss. 19(1), 20(3)-(6), Sch. 1 para. 7(b), Sch. 2; S.I. 2005/2774, art. 3(j)
[F316ARelationships which have come to an endN.I.
(1)This section applies where –
(a)there has been a relevant relationship between a disabled person and another person (“the relevant person”), and
(b)the relationship has come to an end.
(2)In this section a “relevant relationship”is –
(a)a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship by the other party to it is unlawful under any preceding provision of this Part; or
(b)a relationship between a person providing employment services (within the meaning of Part III) and a person receiving such services.
(3)It is unlawful for the relevant person –
(a)to discriminate against the disabled person by subjecting him to a detriment, or
(b)to subject the disabled person to harassment,
where the discrimination or harassment arises out of and is closely connected to the relevant relationship.
(4)This subsection applies where –
(a)a provision, criterion or practice applied by the relevant person to the disabled person in relation to any matter arising out of the relevant relationship, or
(b)a physical feature of premises which are occupied by the relevant person,
places the disabled person at a substantial disadvantage in comparison with persons who are not disabled, but are in the same position as the disabled person in relation to the relevant person.
(5)Where subsection (4) applies, it is the duty of the relevant person to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to prevent the provision, practice or criterion, or feature, having that effect.
(6)Nothing in subsection (5) imposes any duty on the relevant person if he does not know, and could not reasonably be expected to know, that the disabled person has a disability and is likely to be affected in the way mentioned in that subsection.
(7)In subsection (2), reference to an act of discrimination or harassment which is unlawful includes, in the case of a relationship which has come to an end before the commencement of this section, reference to such an act which would, after the commencement of this section, be unlawful.]