In this section, you can find information about the key things you can do if you’ve experienced unlawful discrimination (please note that information related to workplace discrimination is covered in the next section). At Lestons, we often suggest that going down a formal route (and paying for any legal help – including us) is usually best avoided because it can cause everyone unnecessary stress. This is because these issues are often able to be resolved with less formal proceedings, such as a friendly chat or meeting.
Does the person know they are discriminating against you?
Before considering whether you have been discriminated against, please take a moment to think if the term was meant with any malice. It’s possible that the individual didn’t think it was bothering you, and there may not have been the intention to upset you.
An example of this would be:
A shop assistant is extremely tall, and his nickname was “stepladder”. This was because at the shop he worked in, he didn’t need a stepladder to reach the tallest shelves – is this discrimination?
The polite resolution
If you believe you’ve been discriminated against, it’s best to try to deal with this in-house firstly. There may be other, more subtle remedies such as simply explaining to the person why you find it offensive. This can usually result in an apology from the individual, and the matter closed. However, if you feel that the discriminating behaviour is intentionally malicious, and doesn’t stop after you have addressed it, at this stage, you need to escalate the matter to a formal complaint.
Make a complaint
You should write to the person’s manager about the issue, explaining that you have tried to solve the issue yourself, and how you did so. You should request copies of their discrimination policies and a meeting to discuss the matter. You must keep copies of all correspondence. We suggest you follow the company’s formal procedure before taking legal action, it is only when this line has been exhausted that you should consider legal action. If you are sending correspondence in the post, we suggest you send recorded delivery and keep the post office slip.
Feel free to state a fair and reasonable time limit for a response, such as 10 working days. If you show that you are making all available efforts to resolve the matter, and they ignore you, this will be taken into account if the matter proceeds to court. Our team of advisors can guide you on this matter, and should you wish to become a client, our team member can assist you in meetings with the parties involved.
Alternatively, you can commission us to act on your behalf, to try to make an effective agreement for both sides. This is known as alternative dispute resolution. The resulting agreement would not be legally binding but would serve as a basis for moving forward. Of course, if the other party refuse this, you would have the choice of taking formal legal action. This refusal to seek a solution would be explained to court staff.
Going to court
If no workable solution can be found, then you can take the matter to the court. The County Court would hear both sides of the argument and make a decision. Your efforts to resolve the matter without involving the court will make a big difference here. Make sure you take along all paperwork, ideally in a way that is easy for you to find what you need. Remember to include their local policies. We would be delighted to assist you if you decide to go down this route. There will naturally be court fees, and our fees to pay. However, wherever possible we would seek an order for costs against the other side, if we succeed in this then they would become liable for our costs. In this scenario, all fees paid to us by you (including the court fee itself) would be refunded.
If you want to attend without representation, you will need to fill in the court forms and pay the required fee.
Make sure you state:
- Your reason behind taking court action (The exact situation – unfair treatment against you)
- Why you 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
- Details and statements from witnesses if you have them
- What “harm” has happened to you (to succeed it is vital to prove your disadvantage/harm)
- What you want to happen. If you’re seeking compensation, think about how much your “suffering” is worth. They could get away with giving you far less than you would have received if a representative acted for you.
Whilst this is your decision, we feel it important to point out the main drawbacks of self-representing. These would include:
- Emotion – You may get emotional at court, and remembering details may well be upsetting, whereas a representative reading a statement is less stressful.
- Confusion – Their solicitor may try and confuse matters, having another qualified person there balances out their advantage.
- Quantum – Otherwise known as ‘damages’. Our staff could make a stronger argument on your behalf to maximise your compensation.
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 if you don’t 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.
Legal aid
To check your eligibility you can get in touch with the Equality Advisory Support Service (EASS) or Lestons Ltd, who can determine whether payments can be granted to you for your court actions. You can also check your eligibility on the GOV.UK website at www.gov.uk
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