Law

Disability Discrimination Act 1995

United Kingdom · statute

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In force since 2020-01-27, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 203 provisions
  1. Title and introductory text
  2. 1 Meaning of “disability” and “disabled person”.
  3. 2 Past disabilities.
  4. 3 Guidance.
  5. 3A Meaning of “discrimination”
  6. 3B Meaning of “harassment”
  7. 4 Discrimination against applicants and employees.
  8. 4A Employers: duty to make adjustments
  9. 5 Meaning of “discrimination”
  10. 6 Duty of employer to make adjustments.
  11. 7 Exemption for small businesses.
  12. 4B Contract workers
  13. 4C Office-holders: introductory
  14. 4D Office-holders: discrimination and harassment
  15. 4E Office-holders: duty to make adjustments
  16. 4F Office-holders: supplementary
  17. 4G Occupational pension schemes: non-discrimination rule
  18. 4H Occupational pension schemes: duty to make adjustments
  19. 4I Occupational pension schemes: procedure
  20. 4J Occupational pension schemes: remedies
  21. 4K Occupational pension schemes: supplementary
  22. 6A Partnerships: discrimination and harassment
  23. 6B Partnerships: duty to make adjustments
  24. 6C Partnerships: supplementary
  25. 7A Barristers: discrimination and harassment
  26. 7B Barristers: duty to make adjustments
  27. 7C Advocates: discrimination and harassment
  28. 7D Advocates: duty to make adjustments
  29. 8 Enforcement, remedies and procedure.
  30. 9 Validity of certain agreements.
  31. 10 Charities and support for particular groups of persons.
  32. 11 Advertisements suggesting that employers will discriminate against disabled persons
  33. 12 Discrimination against contract workers.
  34. 15 Appeal against refusal of exemption certificate.
  35. 13 Trade organisations: discrimination and harassment
  36. 14 Trade organisations: duty to make adjustments
  37. 14A Qualifications bodies: discrimination and harassment
  38. 14B Qualifications bodies: duty to make adjustments
  39. 14C Practical work experience: discrimination and harassment
  40. 14D Practical work experience: duty to make adjustments
  41. 15A Interpretation of sections 15B and 15C
  42. 15B Authorities and their members: discrimination and harassment
  43. 15C Authorities and their members: duty to make adjustments
  44. 16 Alterations to premises occupied under leases.
  45. 16A Relationships which have come to an end
  46. 16B Discriminatory advertisements
  47. 16C Instructions and pressure to discriminate
  48. 17 Occupational pension schemes.
  49. 17A Enforcement, remedies and procedure.
  50. 17B Enforcement of sections 16B(1) and 16C
  51. 17C Validity of contracts, collective agreements and rules of undertakings
  52. 18 Insurance services.
  53. 18A Alterations to premises occupied under leases.
  54. 18B Reasonable adjustments: supplementary
  55. 18C Charities and support for particular groups of persons.
  56. 18D Interpretation of Part 2
  57. 18E Premises provided otherwise than in course of a Part 2 relationship
  58. 19 Discrimination in relation to goods, facilities and services.
  59. 20 Meaning of “discrimination”
  60. 21 Duty of providers of services to make adjustments.
  61. 21ZA Application of sections 19 to 21 to transport vehicles
  62. 21A Employment services
  63. 21B Discrimination by public authorities
  64. 21C Exceptions from section 21B(1)
  65. 21D Meaning of “discrimination” in section 21B
  66. 21E Duties for purposes of section 21D(2) to make adjustments
  67. 21F Discrimination by private clubs etc.
  68. 21G Meaning of “discrimination”
  69. 21H Duty to make adjustments
  70. 21J “Member”, “associate” and “guest”
  71. 22 Discrimination in relation to premises.
  72. 22A Commonholds
  73. 23 Exemption for small dwellings.
  74. 24 Meaning of “discrimination” .
  75. 24A Let premises: discrimination in failing to comply with duty
  76. 24B Exceptions to section 24A(1)
  77. 24C Duty for purposes of section 24A(2) to provide auxiliary aid or service
  78. 24D Duty for purposes of section 24A(2) to change practices, terms etc
  79. 24E Sections 24C and 24D: supplementary and interpretation
  80. 24F Let premises: victimisation of persons to whom premises are let
  81. 24G Premises that are to let: discrimination in failing to comply with duty
  82. 24H Exceptions to section 24G(1)
  83. 24J Duties for purposes of section 24G(2)
  84. 24K Let premises and premises that are to let: justification
  85. 24L Sections 24 to 24K: power to make supplementary provision
  86. 24M Premises provisions do not apply where other provisions operate
  87. 25 Enforcement, remedies and procedure.
  88. 26 Validity and revision of certain agreements.
  89. 27 Alterations to premises occupied under leases.
  90. 28 Conciliation of disputes.
  91. 28A Discrimination against disabled pupils and prospective pupils
  92. 28B Meaning of “discrimination”
  93. 28C Disabled pupils not to be substantially disadvantaged
  94. 28D Accessibility strategies and plans
  95. 28E Accessibility strategies and plans: procedure
  96. 28F Duty of education authorities not to discriminate
  97. 28G Residual duty: supplementary provisions
  98. 28H Tribunals
  99. 28I Jurisdiction and powers of the Tribunal - England and Wales
  100. 28IA Jurisdiction and powers of the Tribunal – Wales
  101. 28IC Advice and information — Wales
  102. 28ID Resolution of disputes — Wales
  103. 28IE Independent advocacy services — Wales
  104. 28J Procedure
  105. 28JA Appeal from the Welsh Tribunal to the Upper Tribunal
  106. 28K Admissions
  107. 28L Exclusions
  108. 28M Roles of the Secretary of State and the Welsh Ministers
  109. 28N Civil proceedings
  110. 28P Validity and revision of agreements of responsible bodies
  111. 28Q Interpretation
  112. 28R Discrimination against disabled students and prospective students
  113. 28S Meaning of “discrimination”
  114. 28SA Meaning of “harassment“
  115. 28T Responsible bodies' duties to make adjustments
  116. 28U Further education etc. provided by local authorities and schools
  117. 28UA Relationships which have come to an end
  118. 28UB Instructions and pressure to discriminate
  119. 28UC Discriminatory advertisements
  120. 28V Enforcement, remedies and procedure
  121. 28W Occupation of premises by educational institutions
  122. 28X Validity and revision of agreements
  123. 29 Education of disabled persons.
  124. 30 Further and higher education of disabled persons. 1992 c.13.
  125. 31 Further and higher education of disabled persons: Scotland. 1992 c. 37.
  126. 31A Interpretation
  127. 31AA General qualifications bodies: discrimination and harassment
  128. 31AB Meaning of “discrimination”
  129. 31AC Meaning of “harassment”
  130. 31AD General qualifications bodies: duty to make adjustments
  131. 31ADA Enforcement, remedies and procedures
  132. 31ADB Alterations to premises occupied under leases
  133. 31AE Chapter 2A: claims, leased premises and certain agreements
  134. 31AF Chapter 2A: duty to consult before making regulations
  135. 31B Conciliation for disputes
  136. 31C Application to Isles of Scilly
  137. 32 Taxi accessibility regulations.
  138. 36 Carrying of passengers in wheelchairs.
  139. 36A List of wheelchair-accessible vehicles providing local services
  140. 37 Carrying of guide dogs and hearing dogs.
  141. 37A Carrying of assistance dogs in private hire vehicles
  142. 38 AppealsAppeal against refusal of exemption certificate
  143. 39 Requirements as to disabled passengers in Scotland.
  144. 40 PSV accessibility regulations.
  145. 41 Accessibility certificates.
  146. 42 Approval certificates.
  147. 43 Special authorisations.
  148. 44 Reviews and appeals.
  149. 45 Fees.
  150. 46 Rail vehicle accessibility regulations.
  151. 47 Exemption from rail vehicle accessibility regulations.
  152. 48 Offences by bodies corporate etc.
  153. 49 Forgery and false statements.
  154. 49A General duty
  155. 49B Meaning of “public authority” in Part 5A
  156. 49C Exceptions from section 49A(1)
  157. 49D Power to impose specific duties
  158. 49E Duties under section 49D: compliance notices
  159. 49F Enforcement of compliance notices
  160. 49G Improvements to let dwelling houses
  161. 49H Conciliation of disputes
  162. 49I Conciliation of disputes: rented housing in Scotland
  163. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  164. 51 Codes of practice prepared by the Council.
  165. 52 Further provision about codes issued under section 51.
  166. 53A Codes of practice.
  167. 54A Codes of practice.
  168. 53 Codes of practice prepared by the Secretary of State.
  169. 54 Further provision about codes issued under section 53.
  170. 55 Victimisation.
  171. 56 Help for aggrieved persons in obtaining information etc.
  172. 57 Aiding unlawful acts.
  173. 58 Liability of employers and principals.
  174. 59 Statutory authority and national security etc.
  175. 59A National security
  176. 60 Appointment by Secretary of State of advisers.
  177. 61 Amendment of Disabled Persons (Employment) Act 1944.
  178. 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  179. 63 Restriction of publicity: Employment Appeal Tribunal.
  180. 64 Application to Crown etc.
  181. 64A Police
  182. 64B Other police bodies
  183. 65 Application to Parliament.
  184. 66 Government appointments outside Part II.
  185. 67 Regulations and orders.
  186. 67A Exercise of discretion under section 67(5A)
  187. 67B Annual report on rail vehicle exemption orders
  188. 68 Interpretation.
  189. 69 Financial provisions.
  190. 70 Short title, commencement, extent etc.
  191. SCHEDULE 1 Provisions Supplementing Section 1
  192. SCHEDULE 2 Past Disabilities
  193. SCHEDULE 3 Sections 17A(8) and 25(6), 31ADA Enforcement and Procedure
  194. SCHEDULE 3A VALIDITY OF CONTRACTS, COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS
  195. SCHEDULE 3A VALIDITY OF CONTRACTS, COLLECTIVE AGREEMENTS AND RULES OF UNDERTAKINGS
  196. SCHEDULE 4 Premises Occupied Under Leases
  197. SCHEDULE 4A RESPONSIBLE BODIES FOR SCHOOLS
  198. SCHEDULE 4B RESPONSIBLE BODIES FOR EDUCATIONAL INSTITUTIONS
  199. SCHEDULE 4C MODIFICATIONS OF CHAPTER 2 OF PART 4
  200. SCHEDULE 5 The National Disability Council
  201. SCHEDULE 6 Consequential Amendments
  202. SCHEDULE 7 Repeals
  203. SCHEDULE 8 Modifications of this Act in its application to Northern Ireland

Proposed changes to this act

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203 provisions

Title and introductory text

Disability Discrimination Act 1995 1995 c. 50 An Act to make it unlawful to discriminate against disabled persons in connection with employment, the provision of goods, facilities and services or the disposal or management of premises; to make provision about the employment of disabled persons; and to establish a National Disability Council. [8th November 1995] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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1 Meaning of “disability” and “disabled person”.

(1) Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act and Part III of the 2005 Order if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. (2) In this Act and Part III of the 2005 Order“disabled person” means a person who has a disability.

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2 Past disabilities.

(1) The provisions of this Part and Parts II , III and VAand Part III of the 2005 Order apply in relation to a person who has had a disability as they apply in relation to a person who has that disability. (2) Those provisions are subject to the modifications made by Schedule 2. (3) Any regulations or order made under this Act or Part III of the 2005 Order may include provision with respect to persons who have had a disability. (4) In any proceedings under Part II , III or VA of this Act or Part III of the 2005 Order, the question whether a person had a disability at a particular time (“the relevant time”) shall be determined, for the purposes of this section, as if the provisions of, or made under, this Act or Part III of the 2005 Order in force when the act complained of was done had been in force at the relevant time. (5) The relevant time may be a time before the passing of this Act or (as the case may be) the making of the 2005 Order.

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3 Guidance.

(A1) The Office may issue guidance about matters to be taken into account in determining whether a person is a disabled person. (1) Without prejudice to the generality of subsection (A1), the Office may, in particular, issue guidance about the matters to be taken into account in determining— (a) whether an impairment has a substantial adverse effect on a person’s ability to carry out normal day-to-day activities; or (b) whether such an impairment has a long-term effect. (2) Without prejudice to the generality of subsection (A1), guidance about the matters mentioned in subsection (1) may, among other things, give examples of— (a) effects which it would be reasonable, in relation to particular activities, to regard for purposes of this Act as substantial adverse effects; (b) effects which it would not be reasonable, in relation to particular activities, to regard for such purposes as substantial adverse effects; (c) substantial adverse effects which it would be reasonable to regard, for such purposes, as long-term; (d) substantial adverse effects which it would not be reasonable to regard, for such purposes, as long-term. (3) A tribunal or court determining, for any purpose of this Act or Part III of the 2005 Order , whether a person is a disabled person, shall take into account any guidance which appears to it to be relevant. (4) In preparing a draft of any guidance, the Department shall consult such persons as it considers appropriate. (5) Where the Department proposes to issue any guidance, the Department shall publish a draft of it, consider any representations that are made to the Department about the draft and, if the Department thinks it appropriate, modify its proposals in the light of any of those representations. (6) If the Department decides to proceed with any proposed guidance, the Department shall lay a draft of it before the Assembly. (7) If, within the statutory period, the Assembly resolves not to approve the draft, the Department shall take no further steps in relation to the proposed guidance. (8) If no such resolution is made within the statutory period, the Department shall issue the guidance in the form of its draft. (9) The guidance shall come into force on such date as the Department may by order appoint. (10) Subsection (7) does not prevent a new draft of the proposed guidance being laid before the Assembly. (11) The Department may— (a) from time to time revise the whole or any part of any guidance and re-issue it ; (b) by order revoke any guidance. (12) In this section— “the Department” means the Department of Economic Development; “guidance” means guidance issued by the Department under this section and includes guidance which has been revised and re-issued; “statutory period” has the meaning assigned to it by section 41(2) of the Interpretation Act (Northern Ireland) 1954.

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3A Meaning of “discrimination”

(1) For the purposes of this Part, a person discriminates against a disabled person if— (a) for a reason which relates to the disabled person’s disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply, and (b) he cannot show that the treatment in question is justified. (2) For the purposes of this Part, a person also discriminates against a disabled person if he fails to comply with a duty to make reasonable adjustments imposed on him in relation to the disabled person. (3) Treatment is justified for the purposes of subsection (1)(b) if, but only if, the reason for it is both material to the circumstances of the particular case and substantial. (4) But treatment of a disabled person cannot be justified under subsection (3) if it amounts to direct discrimination falling within subsection (5). (5) A person directly discriminates against a disabled person if, on the ground of the disabled person’s disability, he treats the disabled person less favourably than he treats or would treat a person not having that particular disability whose relevant circumstances, including his abilities, are the same as, or not materially different from, those of the disabled person. (6) If, in a case falling within subsection (1), a person is under a duty to make reasonable adjustments in relation to a disabled person but fails to comply with that duty, his treatment of that person cannot be justified under subsection (3) unless it would have been justified even if he had complied with that duty.

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3B Meaning of “harassment”

(1) For the purposes of this Part, a person subjects a disabled person to harassment where, for a reason which relates to the disabled person’s disability, he engages in unwanted conduct which has the purpose or effect of— (a) violating the disabled person’s dignity, or (b) creating an intimidating, hostile, degrading, humiliating or offensive environment for him. (2) Conduct shall be regarded as having the effect referred to in paragraph (a) or (b) of subsection (1) only if, having regard to all the circumstances, including in particular the perception of the disabled person, it should reasonably be considered as having that effect.

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4 Discrimination against applicants and employees.

(1) It is unlawful for an employer to discriminate against a disabled person – (a) in the arrangements which he makes for the purpose of determining to whom he should offer employment; (b) in the terms on which he offers that person employment; or (c) by refusing to offer, or deliberately not offering, him employment. (2) It is unlawful for an employer to discriminate against a disabled person whom he employs – (a) in the terms of employment which he affords him; (b) in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit; (c) by refusing to afford him, or deliberately not affording him, any such opportunity; or (d) by dismissing him, or subjecting him to any other detriment. (3) It is also unlawful for an employer, in relation to employment by him, to subject to harassment – (a) a disabled person whom he employs; or (b) a disabled person who has applied to him for employment. (4) Subsection (2) does not apply to benefits of any description if the employer is concerned with the provision (whether or not for payment) of benefits of that description to the public, or to a section of the public which includes the employee in question, unless – (a) that provision differs in a material respect from the provision of the benefits by the employer to his employees; (b) the provision of the benefits to the employee in question is regulated by his contract of employment; or (c) the benefits relate to training. (5) The reference in subsection (2)(d) to the dismissal of a person includes a reference – (a) to the termination of that person’s employment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the employment is renewed on the same terms; and (b) to the termination of that person’s employment by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the employer. (6) This section applies only in relation to employment at an establishment in Northern Ireland.

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4A Employers: duty to make adjustments

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5 Meaning of “discrimination”

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6 Duty of employer to make adjustments.

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7 Exemption for small businesses.

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4B Contract workers

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4C Office-holders: introductory

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4D Office-holders: discrimination and harassment

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4E Office-holders: duty to make adjustments

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4F Office-holders: supplementary

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4G Occupational pension schemes: non-discrimination rule

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4H Occupational pension schemes: duty to make adjustments

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4I Occupational pension schemes: procedure

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4J Occupational pension schemes: remedies

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4K Occupational pension schemes: supplementary

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6A Partnerships: discrimination and harassment

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6B Partnerships: duty to make adjustments

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6C Partnerships: supplementary

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7A Barristers: discrimination and harassment

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7B Barristers: duty to make adjustments

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7C Advocates: discrimination and harassment

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7D Advocates: duty to make adjustments

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8 Enforcement, remedies and procedure.

(1) A complaint by any person that another person— (a) has discriminated against him in a way which is unlawful under this Part, or (b) is, by virtue of section 57 or 58, to be treated as having discriminated against him in such a way, may be presented to an employment tribunal. (2) Where an employment tribunal finds that a complaint presented to it under this section is well-founded, it shall take such of the following steps as it considers just and equitable— (a) making a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates; (b) ordering the respondent to pay compensation to the complainant; (c) recommending that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates. (3) Where a tribunal orders compensation under subsection (2)(b), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort or (in Scotland) in reparation for breach of statutory duty. (4) For the avoidance of doubt it is hereby declared that compensation in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not it includes compensation under any other head. (5) If the respondent to a complaint fails, without reasonable justification, to comply with a recommendation made by an employment tribunal under subsection (2)(c) the tribunal may, if it thinks it just and equitable to do so— (a) increase the amount of compensation required to be paid to the complainant in respect of the complaint, where an order was made under subsection (2)(b); or (b) make an order under subsection (2)(b). (6) Regulations may make provision— (a) for enabling a tribunal, where an amount of compensation falls to be awarded under subsection (2)(b), to include in the award interest on that amount; and (b) specifying, for cases where a tribunal decides that an award is to include an amount in respect of interest, the manner in which and the periods and rate by reference to which the interest is to be determined. (7) Regulations may modify the operation of any order made under section 14 of the Employment Tribunals Act 1996 (power to make provision as to interest on sums payable in pursuance of employment tribunal decisions) to the extent that it relates to an award of compensation under subsection (2)(b). (8) Part I of Schedule 3 makes further provision about the enforcement of this Part and about procedure.

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9 Validity of certain agreements.

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10 Charities and support for particular groups of persons.

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11 Advertisements suggesting that employers will discriminate against disabled persons

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12 Discrimination against contract workers.

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15 Appeal against refusal of exemption certificate.

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13 Trade organisations: discrimination and harassment

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14 Trade organisations: duty to make adjustments

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14A Qualifications bodies: discrimination and harassment

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14B Qualifications bodies: duty to make adjustments

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14C Practical work experience: discrimination and harassment

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14D Practical work experience: duty to make adjustments

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