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SoberforME · 03-06-2009, 12:18 PM

I am not sure because you are in Scotland. That's hard.

My assumption would be that if she sued on compensatory damages that the company would pay if she won the case, if she didn't win then she would have to pay it.

Costs would depend on how long the case took to trial but I'm not sure how the Scottish judicial system works.

Here's a link to information about Disability law in Scotland. Just cut and paste it into the browser. www.surestart.gov.uk/_doc/P0000745.doc

In Part:

If an employee wants to make a complaint about the way I have treated them in connection with their disability, what should he or she do?

They can complain to an employment tribunal. They can ring the DRC Helpline for advice on their case. Once they have made a complaint to an employment tribunal, the Advisory, Conciliation and Arbitration Service (Acas) will then advise you and your employees, if you want them to, to help you reach an agreement. This service is free and voluntary for both sides. If the matter is not settled, the complaint will go to a full tribunal hearing. There are details of how to contact Acas at the end of this factsheet.
The leaflet ‘How to Apply to an Employment Tribunal’ is available from offices of Jobcentre Plus (formerly the Employment Service) and the Citizens’ Advice Bureau.
Do they have to do this within a certain amount of time?
Yes. If an employee wants to make a disability discrimination claim to an employment tribunal, they must do so within three months of the incident happening.
Will I have to pay compensation to an employee?
If an employment tribunal supports a complaint, you may have to pay compensation. The tribunal may also recommend that you take a particular course of action, which may involve taking reasonable steps to prevent, or reduce the threat of, discrimination happening again.
The civil courts deal with all other matters relating to the Act. For example, if you are a service provider and a customer makes a complaint against you, the court would decide the outcome of the issue.
Other information
Free leaflets include
• 'The Disability Discrimination Act 1995: What Employers Need to Know' (DL170)
• 'Employing Disabled People: a good-practice guide for managers and employers' (DLE7 information cards)
• 'The Disability Discrimination Act 1995: An Introduction for Small and Medium-sized Businesses: Rights of Access to Goods, Facilities, Services and Premises' (DLE9) and
• 'The Disability Discrimination Act 1995: What Service Providers Need to Know' (DL150).
You can get these leaflets, and more general information about the Act, from the DRC Helpline on Tel 0845 762 2633 or by textphone on Tel 0845 762 2644. (Your call will cost the same as a local phone call.) Or you can e-mail them at ddahelp@stra.sitel.co.uk. DRC also has a website which you can find in Related Items.
'Equal Opportunities is Your Business Too' is a brief good-practice guide produced jointly by the Commission for Racial Equality, the Equal Opportunities Commission and the former National Disability Council. It is available free from the Commission for Racial Equality on Tel 0207 932 5437.
You can also buy the following publications
• 'Disability Discrimination Act 1995: Code of Practice for the elimination of discrimination in the field of employment against disabled persons or persons who have had a disability' (ISBN 0-11-270954-0)
• 'Disability Discrimination Act 1995: Code of Practice - Rights of Access - Goods, Facilities, Services and Premises' (ISBN 0-11-271055-7)
• 'Disability Discrimination Act 1995: Guidance on matters to be taken into account in determining questions relating to the definition of disability' ISBN 0-11-270955-9)
The codes provide practical guidance that will help organisations prevent discrimination. Following the guidelines should reduce complaints against small businesses. The codes and guidance include a wide range of examples, covering a variety of types of employment and disabilities.
You can get copies of the codes (including Braille, audio cassette and Welsh versions) from The Stationery Office or from Stationery Office bookshops.

03-06-2009, 12:18 PM	#4 (permalink)
SoberforME Member Join Date: Sep 2008 Posts: 196	I am not sure because you are in Scotland. That's hard. My assumption would be that if she sued on compensatory damages that the company would pay if she won the case, if she didn't win then she would have to pay it. Costs would depend on how long the case took to trial but I'm not sure how the Scottish judicial system works. Here's a link to information about Disability law in Scotland. Just cut and paste it into the browser. www.surestart.gov.uk/_doc/P0000745.doc In Part: If an employee wants to make a complaint about the way I have treated them in connection with their disability, what should he or she do? They can complain to an employment tribunal. They can ring the DRC Helpline for advice on their case. Once they have made a complaint to an employment tribunal, the Advisory, Conciliation and Arbitration Service (Acas) will then advise you and your employees, if you want them to, to help you reach an agreement. This service is free and voluntary for both sides. If the matter is not settled, the complaint will go to a full tribunal hearing. There are details of how to contact Acas at the end of this factsheet. The leaflet ‘How to Apply to an Employment Tribunal’ is available from offices of Jobcentre Plus (formerly the Employment Service) and the Citizens’ Advice Bureau. Do they have to do this within a certain amount of time? Yes. If an employee wants to make a disability discrimination claim to an employment tribunal, they must do so within three months of the incident happening. Will I have to pay compensation to an employee? If an employment tribunal supports a complaint, you may have to pay compensation. The tribunal may also recommend that you take a particular course of action, which may involve taking reasonable steps to prevent, or reduce the threat of, discrimination happening again. The civil courts deal with all other matters relating to the Act. For example, if you are a service provider and a customer makes a complaint against you, the court would decide the outcome of the issue. Other information Free leaflets include • 'The Disability Discrimination Act 1995: What Employers Need to Know' (DL170) • 'Employing Disabled People: a good-practice guide for managers and employers' (DLE7 information cards) • 'The Disability Discrimination Act 1995: An Introduction for Small and Medium-sized Businesses: Rights of Access to Goods, Facilities, Services and Premises' (DLE9) and • 'The Disability Discrimination Act 1995: What Service Providers Need to Know' (DL150). You can get these leaflets, and more general information about the Act, from the DRC Helpline on Tel 0845 762 2633 or by textphone on Tel 0845 762 2644. (Your call will cost the same as a local phone call.) Or you can e-mail them at ddahelp@stra.sitel.co.uk. DRC also has a website which you can find in Related Items. 'Equal Opportunities is Your Business Too' is a brief good-practice guide produced jointly by the Commission for Racial Equality, the Equal Opportunities Commission and the former National Disability Council. It is available free from the Commission for Racial Equality on Tel 0207 932 5437. You can also buy the following publications • 'Disability Discrimination Act 1995: Code of Practice for the elimination of discrimination in the field of employment against disabled persons or persons who have had a disability' (ISBN 0-11-270954-0) • 'Disability Discrimination Act 1995: Code of Practice - Rights of Access - Goods, Facilities, Services and Premises' (ISBN 0-11-271055-7) • 'Disability Discrimination Act 1995: Guidance on matters to be taken into account in determining questions relating to the definition of disability' ISBN 0-11-270955-9) The codes provide practical guidance that will help organisations prevent discrimination. Following the guidelines should reduce complaints against small businesses. The codes and guidance include a wide range of examples, covering a variety of types of employment and disabilities. You can get copies of the codes (including Braille, audio cassette and Welsh versions) from The Stationery Office or from Stationery Office bookshops.