Disability Rights Commission Act 1999 ss. 4 and 5 and sch 3 Part II
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 SI 2001/1171, Sch 6.


BASIC POSITION

CAUTION: go to notes on Equality Act 2010/changes made by the Act for changes to discrimination law in effect from 1st October 2010. The unique emplaw EA 2010 cross-reference tool will locate new statutory references for you.
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A non-discrimination notice can be issued by the Disability Rights Commission subject to certain conditions, if they find evidence of unlawful discrimination.

The non-discrimination notice will set out steps which should be taken to remedy the position. The Commission will have the right during the next five years to apply for an appropriate County Court injunction (or in Scotland apply to the sheriff for interdict).

It is worth noting that in its proposals for a Disability Rights Commission, in many ways similar to the EOC and the CRE, the government put forward the idea of streamlined measures to supplement or in appropriate cases replace the issue of a non-discrimination notice. These proposals became law as Disability Rights Commission Act 1999 s.5 which at present has no equivalent in sex or race discrimination law. The general effect is that the DRC and the "accused" can enter into a written agreement under which the DRC agrees not to take further action if the "accused" agrees te cease his unlawful behaviour.


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updated Feb2003