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There are a number of steps that you can take as an employee if you think that you have been discriminated against, including legal action under the Disability Discrimination Act (DDA).
There are several steps you can take to deal with discrimination.
Talk to your manager about the issue. If this doesn't work, speak to your personnel department or use your internal grievance system. Read the employment and your rights factsheets for further information.
The law says you must use the grievance procedure to try and sort out any problems. You have to use the procedure apart from in exceptional circumstances, such as harassment. In most cases, you will not be able to start Employment Tribunal proceedings unless you have used the grievance procedure first.
Your employer must have a grievance procedure. You can get more information on this point from ACAS (Arbitration and Conciliation Service) www.acas.org.uk (external link, opens new browser window)
If this does not resolve the problem, you can send your employer a DDA questionnaire known as DL56. You can get copies of the questionnaire from the Disability Rights Commission (external link, opens new browser window) or Jobcentre Plus (external link, opens new browser window). This lets you ask your employer specific questions and the replies you get will help you decide whether you have been discriminated against. If you have to go to an employment tribunal, you can refer to your employer’s answers.
There is more information about questionnaires in our employment factsheets.
If your employer does not respond to the questionnaire or you are not happy with the answers, then you could take a case to the Employment Tribunal (external link, opens new browser window). You should get some legal advice before you do this. Our Casework Service may be able to help you or you can get legal advice from other agencies, such as those in our list of useful organisations.
You can bring a complaint of disability discrimination to the Employment Tribunal, but you must do so within three months less one day of the date of the discriminatory act. If there were a number of discriminatory acts, for example harassment over a number of months, then the last instance must be within the three-month period.
Using the grievance procedure extends the time period by another three months.
We can give you more information in our employment and your rights factsheets
Our Legal Casework Service can give you more information on how to challenge discrimination. We do this by providing information through our factsheets
Find out more about the DDA and your rights in our section on Rights and duties.