Filing a Discrimination Complaint in the UK – Step By Step
Have you ever felt unfairly treated or discriminated against? If so, you may be wondering, “What can I do about it?” The good news is that the UK has discrimination laws in place to protect individuals from unlawful treatment. But how exactly do you go about filing a discrimination complaint? In this article, we’ll guide you through the step-by-step process, so you can take the necessary action to address the injustice you’ve experienced1.
Key Takeaways
- The Equality Act 2010 is the primary law that protects against discrimination in the UK1.
- You need to make your discrimination claim in the County Court, with strict time limits of 6 months less one day (3 months for workplace discrimination)2.
- Legal aid may be available to cover court action costs, subject to eligibility criteria2.
- Before going to court, you must follow specific pre-action steps, such as considering mediation2.
- The Equality Advisory Support Service (EASS) can provide assistance and templates for discrimination complaints21.
Understanding Discrimination and the Equality Act 2010
The law that protects individuals against discrimination in the UK is the Equality Act 20103. This Act outlines nine ‘protected characteristics’ that are safeguarded from discrimination: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation4. The Equality Act 2010 replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection5.
Types of Discrimination (‘Protected Characteristics’)
Less favourable treatment that may constitute discrimination includes actions such as excluding someone from opportunities or benefits, causing emotional distress, financial loss, or making it harder for someone to do their job4. Employers are primarily responsible for ensuring non-discriminatory practices at work and must take steps to prevent discrimination4. Types of discrimination covered under the Equality Act 2010 include direct discrimination, indirect discrimination, harassment, and victimisation related to protected characteristics4.
Protected individuals under discrimination law encompass employees, workers, contractors, self-employed individuals hired for personal work, job applicants, and former employees related to references4. Justified reasons that may not constitute unlawful discrimination include positive action, objective justification, a disability exception, and occupational requirement for specific job roles4.
| Protected Characteristic | Description |
|---|---|
| Age | The ban on age discrimination against adults in services and public functions came into force on 1 October 20125. |
| Disability | Individuals with physical or mental impairments that have a substantial and long-term negative effect on their ability to carry out normal day-to-day activities. |
| Gender Reassignment | The process of transitioning from one gender to another. |
| Marriage and Civil Partnership | Being married or in a civil partnership. |
| Pregnancy and Maternity | Being pregnant or on maternity leave. |
| Race | Colour, nationality, ethnic or national origin. |
| Religion or Belief | Religious or philosophical beliefs, including lack of belief. |
| Sex | Being a man or a woman. |
| Sexual Orientation | Whether a person is attracted to people of their own sex, the opposite sex, or both sexes. |
The provisions of the Equality Act 2010 were brought in at different times, known as commencement dates, with the basic framework coming into effect on 1 October 20105. The Public sector Equality Duty came into force across Great Britain on 5 April 20115. The Equality Act 2010 requires public bodies to consider all individuals when carrying out their day-to-day work and when carrying out public functions5.
More advice and support regarding discrimination complaints can be sought through organisations such as the Acas helpline and the Equality Advisory and Support Service (EASS)4. Detailed legal guidance on the Equality Act 2010 can be found in the Employment: Statutory Code of Practice published by the Equality and Human Rights Commission4.
The Welsh and Scottish ministers have the authority to impose specific duties on certain public bodies in their jurisdictions through secondary legislation5. Specific duties under the Equality Act require public bodies to publish relevant information showing compliance with the Equality Duty and to set equality objectives543.
How to File a Discrimination Complaint
Gathering Evidence and Establishing the Facts
If you believe you’ve experienced discrimination, the first step is to gather evidence and establish the key facts of your case6. The Equality Act 2010 safeguards individuals from being discriminated against due to protected characteristics such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation6. Types of discrimination can include direct and indirect discrimination, harassment, and victimization6.
To make a strong claim, you’ll need to be reasonably sure that unlawful discrimination has taken place, according to the Equality Act6. This means gathering details such as who the person or organisation is that you think has discriminated against you, what exactly happened, when and where it occurred, if anyone witnessed it, what disadvantage or harm you suffered, if you have specific examples of unfair treatment, and if you’ve experienced or complained about discrimination before6. Keeping all relevant documents and evidence is also crucial6.
You can ask the person or organisation for information about your treatment, which can help you decide if you want to take action and what that should be6. The complaints process will likely involve you sharing sensitive information, so it’s a good idea to start by trying to resolve the problem informally first, if possible6.
If you do decide to make a formal complaint, you’ll need to do so within strict time limits – usually within 6 months of the discrimination taking place7. The process and time limits can vary depending on the type of discrimination, so it’s important to check the relevant gov website for guidance7.
Seeking advice from a professional advice service can also be beneficial in understanding your options and the best way to proceed with your complaint6.
Remember, the organisation you want to complain about cannot reply to your complaint with questions about your individual circumstances or ask for personal details that aren’t relevant6. They also cannot refuse to handle your complaint or say they cannot reply6. If this happens, you may be able to get help from an ombudsman or the Equality and Human Rights Commission (EHRC) to resolve the problem6.
The key is to be thorough in gathering evidence and establishing the facts of your case before making a claim. Taking the time to do this can significantly improve your chances of a successful outcome678.
Taking Legal Action
Taking legal action against discrimination can be a lengthy and challenging process, but it may be necessary to achieve justice and hold the responsible party accountable9. If you believe you have experienced discrimination, you should carefully consider your options and seek professional legal advice before proceeding.
Seeking Legal Advice and Support
It’s advisable to consult with an experienced solicitor or legal advisor before initiating any legal proceedings. They can provide valuable guidance on the discrimination law, the complaints process, and the steps you need to take9. They can also help you resolve the problem informally before resorting to legal action.
If you have a low income, you may be able to get legal aid to help pay for your legal costs9. The Equality Advisory Support Service (EASS) can assist you in determining your eligibility and finding a solicitor who can take on your case9.
Before taking legal action, it’s also a good idea to try to resolve the issue informally with the person or organisation you believe has discriminated against you10. This could involve using alternative dispute resolution (ADR) methods such as mediation or conciliation10.
If you’re unable to resolve the issue informally, you may need to follow a formal complaints process10. This could involve contacting the relevant Equality and Human Rights Commission (EHRC) or Financial Ombudsman Service to file a complaint10.
It’s important to note that there are strict time limits for making a discrimination claim, so you should make your claim as soon as possible10. In most cases, you’ll need to make your claim within six months less one day from the date of the discrimination10.
When taking legal action, you’ll be asked to provide detailed information about the discrimination you believe you’ve experienced, including the protected characteristics involved and the evidence to support your claim11. You may also need to share sensitive information about the incident, so it’s important to use secure websites and follow the guidance of your legal advisor9.
If you’re successful in your claim, you may be entitled to compensation for things like injury to feelings, personal injury, and loss of income9. However, it’s important to note that if you lose the case, you may have to pay the legal costs of the other party9.
The process of taking legal action can be complex and stressful, but with the right support and guidance, it can be an important step in addressing discrimination and seeking justice9. If you believe you have experienced discrimination and need help, don’t hesitate to get advice from a legal professional91011.
Conclusion
If you believe you’ve experienced unlawful discrimination, there are several options available to address the problem. You can start by making a complaint directly to the person or and trying to resolve the issue informally first12. However, if this approach doesn’t work, you may need to follow a formal complaint process, which can involve mediation, arbitration, or even legal action13.
Taking legal action can be a complex and costly process, but it may be necessary if other methods fail to resolve the issue. It’s important to seek advice from experienced, such as Citizens Advice or the Equality Advisory Support Service, to understand your rights and the steps you need to take13. They can also help you gather evidence and establish the facts of your case, which is crucial for making a strong claim13.
If you decide to pursue legal action, be mindful of the strict time limits. According to the Equality Act 2010, you generally need to make your claim within three calendar months less one day from the date of the discriminatory12. Additionally, the Financial Ombudsman Service may be able to assist with complaints involving discrimination in the financial sector, and they can provide guidance on the process11. Remember, it’s important to act quickly and seek professional support to navigate the complexities of discrimination law and ensure the best possible outcome for your case.
Source Links
- https://www.citizensadvice.org.uk/law-and-courts/discrimination/taking-action-about-discrimination/before-you-take-action-about-discrimination/
- https://www.citizensadvice.org.uk/law-and-courts/discrimination/taking-action-about-discrimination/taking-legal-action-about-discrimination/
- https://www.citizensadvice.org.uk/consumer/discrimination-in-the-provision-of-goods-and-services/discrimination-in-the-provision-of-goods-and-services1/taking-action-about-discrimination-in-goods-and-services/complaining-about-discrimination-in-the-provision-of-goods-and-services/
- https://www.acas.org.uk/discrimination-and-the-law
- https://www.gov.uk/guidance/equality-act-2010-guidance
- https://www.acas.org.uk/handling-a-bullying-discrimination-complaint
- https://www.gov.uk/complain-about-school/disability-discrimination
- https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint
- https://www.leighday.co.uk/our-services/human-rights/discrimination-claims/
- https://www.libertyhumanrights.org.uk/advice_information/what-can-i-do-if-im-discriminated-against/
- https://www.financial-ombudsman.org.uk/businesses/complaints-deal/complaints/complaints-involve-discrimination
- https://www.ucu.org.uk/media/10706/Challenging-discrimination—how-to-build-an-effective-case/pdf/Challenging_discrimination_toolkit_22Oct19.pdf
- https://www.citizensadvice.org.uk/work/discrimination-at-work/dealing-with-discrimination-at-work/checking-if-its-discrimination/if-you-think-youve-been-unfairly-treated-when-applying-for-a-job/
