Court procedure
Unless problems are resolved through the above methods, you can take legal actions in the civil courts. (County Court). However, court proceedings can be more time-consuming, stressful, and costly. You need to know that unless you as a claimant win the case in court, you might bear the costs of the other party.
Period for taking court actions
When you face unfair treatment, the court must receive a claim within 6 months minus one day from the date of the discrimination taking place. For employment-related discrimination, this is 3 months. Even though you do not claim within the time limit, your claim can still be accepted by the courts if the reason behind the delayed claim is fair and justifiable. If you are sceptical with regards to the possible effects of the time limit on your case, you should seek advice from a legal adviser that is specific to your circumstances. For example, you can contact Lestons Legal Services Ltd or Citizens Advice Bureau.
When to start your claim
You need to issue a claim form to start court proceedings. There is a certain court fee to be paid. You should consider several things before taking actions as they will help you to support your claim and gather important case factors. Things to be included in a claim form (particulars of a claim) are as follows:
- Your reason behind taking court action (The exact situation – unfair treatment against you)
- The existence of reasonable factors to believe that unlawful discrimination has taken place. You need to prove that you are treated unfavourably because you have a protected characteristic.
- Proof of meeting the key legal tests/standards that apply to the form of discrimination you’re complaining about under the Equality Act 2010. See https://www.citizensadvice.org.uk/law-and-courts/discrimination/what-are-the-different-types-of-discrimination/
Lestons Legal Services Ltd can also help you to find out whether and how you meet certain legal criteria/tests. - Are there any witnesses?
- Your harm (to succeed in your claim it is vital to prove your disadvantage/harms)
- Any previous experience of discrimination by a person/organisation who have discriminated against you?
- Your court claim to issue the type of order (e.g. amount of money or compensation)
Sources of evidence related to the unfair treatment
- The list of relevant documents (any email, letter, and other documents) related to the discrimination. This is helpful when you take an action in court.
- Any equality policies and codes of conduct – The organisation, who you have been discriminated by, might have an equality policy. Use of the relevant documents can protect your rights more effectively than the Act 2010.
You can get legal advice concerning the particulars of a claim, like what to put in the claim form. Citizens Advice Bureau or Lestons Legal Services Ltd can help you to do so.
What happens after you’ve made a claim depends on the defendant’s response to your claim. You can find information on what happens after you’ve claimed the Ministry of Justice Website www.hmctscourtfinder.justice.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=19
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