The Equality Act 2010: How to complain UPDATE HELPLINE 0131 669 1600

UPDATE HELPLINE
0131 669 1600
The Equality Act 2010: How to
complain
This factsheet provides information on the Equality Act 2010 and what you
can do if you think you have been discriminated against. It includes
information on how to complain; what you can ask for when you complain;
getting help solving a dispute; mediation and arbitration services and
employment tribunals. It also contains useful contacts and additional
reading references.
Umbrella organisations and federations
Background
The main purpose of the Equality Act 2010 (EA) is to streamline and strengthen
anti-discrimination legislation in Great Britain. It provides the legal framework
that protects people, including disabled people, from discrimination. It replaces a
range of anti-discrimination legislation, including the Disability Discrimination Act
1995 (DDA) and subsequent amendments. The act covers nine protected
characteristics, which cannot be used as a reason to treat people unfairly. The
protected characteristics are: age; disability; gender reassignment; marriage and
civil partnership; pregnancy and maternity; race; religion or belief; sex; and
sexual orientation.
Process for complaints under previous legislation (before 1 October 2010)


If you were subjected to unlawful treatment before 1 October 2010, the
Equality Act will not apply. Instead, you will be covered by the relevant
legislation that was in force at the time.
For example, if you experienced disability discrimination on 30 September
2010 and wish to make a complaint or bring legal proceedings, the provisions
of the Disability Discrimination Act 1995 will apply, not those of the Equality
Act 2010. The same goes for any other form of unlawful treatment
experienced before 1 October 2010.
UPDATE
1

This also applies to any legal proceedings brought or in the process of being
heard before 1 October. They will proceed according to the legislation under
which they were brought, even though they may have continued after 1
October 2010.
Process for complaints under the Equality Act 2010 (after 1 October 2010)
If you were subject to unlawful treatment (such as discrimination, harassment, or
victimisation) on or after 1 October 2010 the Equality Act applies.
For example, if you experienced disability discrimination on 30 September 2010
and it continued until 2 October 2010, and you wish to make a complaint or bring
legal proceedings, the Equality Act 2010 will apply, not the Disability
Discrimination Act. The same goes for any other form of unlawful treatment
experienced before 1 October 2010 that continues on or after this date.
What to do if you feel you have been discriminated against?
There are various things that you can do if you feel you have been discriminated
against.
Speak to the person or organisation
If you feel you are being discriminated against, you may want to see if you can
speak informally to the person or organisation first. They may be unaware of the
problem, and may be prepared to offer an apology or compensation.
If the problem happened at work, there may be grievance procedures you can use.
See separate section on Work Disputes.
How to write a formal letter of complaint
For other types of discrimination, you can write a formal letter setting out your
complaint. If you’re writing to a company or organisation, ask for a copy of its
complaints procedure, so you know who to write to.
In your letter, give details about:
 what was said or done (or what hasn’t been done)
 who was involved
 any money it has cost you
UPDATE
2
Include copies of any documents supporting your complaint, such as receipts, and
details of any money you’ve lost. For example, if you’ve had to rebook a holiday with
another company, include copies of the receipts.
What you can ask for in your complaint letter
Your letter should also say what you would like to happen. For example:
 an apology
 changes to the way they do things
 money as compensation
If you’re disabled, you can ask for ‘reasonable adjustments’. For example, a shop
may have to move displays from the entrance so wheelchairs can get in.
If you send your letter by post, use recorded delivery so you have proof that your
letter was delivered.
If you need further advice, the Equality Advisory Support Service (contact details
listed at the end of the factsheet) provide information advice and support on
discrimination and human rights issues to individuals in England, Scotland and
Wales, recognising the constitutional, legal, social and policy differences
specifically: Advise what the Equality Act 2010 says and how this applies to you
 Advise you of options on how you may be able to resolve your issue
 Advise you of options for informal resolution and guide you through this
process
 Assist you further, if you are unable to resolve your issue informally
 Help you work out if you are eligible for civil legal aid
 Provide support if you are considering making a claim yourself
 Assist you in finding local sources of support
Getting information using an equality complaints form
If you think you have been discriminated against you can use an official form to ask
for information from the person or organisation responsible.
The questions and answers forms have been designed to help the person making
the complaint, and the person or organisation responding, to identify information
which is relevant to the issue raised by the complainant. They provide a framework
for individuals and organisations to ask and answer questions about matters
relevant to claims under the Equality Act. Use of the forms is voluntary for both
parties. Guidance on the process of completing the forms is also available.
UPDATE
3
There are two sets of forms available that cover:
Unlawful treatment, for example, discrimination, harassment, victimisation
complaints:
Discrimination and other prohibited conduct complaints: Questionnaire (Microsoft
Word file - 131kb)
Discrimination and other prohibited conduct complaints: Answer form (Microsoft
Getting help solving a dispute about discrimination
If you don’t get a response to your letter, or you’re unhappy with the result, you can
get help from a mediation service.
Mediation is when someone helps two sides work out a solution to a dispute. Both
sides need to agree to use the service. The mediator helps parties work out what
their issues and options are, then use those options to work out an agreement.
Mediation is a flexible process that can be used to settle disputes in a whole range
of situations. Mediation can be a practical alternative to going to court or to a
tribunal.
The Scottish Mediation Helpline (SMH) is set up to provide the public with a simple,
low cost way of resolving a wide range of disputes. The SMH answers general
enquiries about mediation and puts parties in contact with a mediator. This service is
run by the Scottish Mediation Network which also holds the Scottish Mediation
Register, which is a public database of mediators in Scotland. This database is
available on their website at http://www.scottishmediation.org.uk
Work disputes
Other organisations provide mediation services specifically for work disputes. The
Advisory, Conciliation and Arbitration Service (Acas) can also help you settle a
dispute with your employer using schemes known as ‘conciliation’ and ‘arbitration’.
Using mediation to try to resolve problems may help you to avoid the stress, and
potential cost of going to an Employment Tribunal. Other possible benefits include:
 getting a better understanding of the issues
 reaching a solution on your own terms
 reaching a settlement that can include things that will not be covered in an
Employment Tribunal judgment (eg getting a good reference)
UPDATE
4
Not using mediation, or failing to reach a settlement through mediation, will not
affect your right to make an Employment Tribunal claim.
Conciliation is simply a form of mediation that takes place if:
 you have already made a claim to an Employment Tribunal
 you believe you may be entitled to make a claim to an Employment Tribunal
Arbitration
In arbitration, you and your employer allow an independent and impartial outsider
(the arbitrator, or arbiter in Scotland) to determine the outcome of your problem.
Arbitration differs from conciliation and mediation because the arbitrator acts like a
judge, making a firm decision on a case.
If you and your employer agree to go to an arbitrator, it may be a quick way of
resolving a problem without the stress and expense of an Employment Tribunal.
Whether you are an employer, employee or representative, you can call the Acas
helpline for free and impartial advice on 08457 474747. Customers with a hearing or
speech impairment may prefer to contact them using the Text Relay service. You
can contact the Acas Helpline using Text Relay by dialling 18001 08457 474747.
Your local Citizens Advice Bureau (CAB) can also provide free and impartial advice.
You can find your local CAB office in the phone book or online at
http://www.cas.org.uk
Trade Unions are another useful source for employment rights. One of a trade
union's main aims is to protect and advance the interests of its members in the
workplace. Most trade unions are independent of any employer. However, trade
unions try to develop close working relationships with employers. This can
sometimes take the form of a partnership agreement between the employer and the
trade union which identifies their common interests and objectives. To find out what
your trade union provides, you can check your trade union's website or members'
handbook, or speak to a trade union representative in your workplace.
A solicitor or advice agency may be able to help you decide the best route for you.
Legal aid allows people who would not otherwise be able to afford it to get help for
their legal problems. The Scottish Legal Aid Board is responsible for managing legal
aid in Scotland. Further information can be found on their website at
http://www.slab.org.uk
UPDATE
5
Tribunals – Going to a tribunal over discrimination at work
If you’ve been unsuccessful in solving the dispute, you could take your case to an
employment tribunal. In some cases, an employment tribunal can award
compensation or ask the employer take steps to stop the problem happening again.
You don’t need knowledge of the law to make a claim, but you may find it useful to
get legal advice or find someone to represent you. Contact the Scottish Legal Aid
Board to see if you are entitled to legal aid. In special circumstances, you may also
be able to get help towards legal representation. This is called ABWOR –
'assistance by way of representation'. It will depend on your financial circumstances
If you decide to submit a claim, you need to fill out the Employment Tribunal claim
form - called an ‘ET1’.
This form can be filled in online at –
http://www.justice.gov.uk/downloads/forms/tribunals/employment/ET1.pdf
ET1 claim form from are also available from:
 any Citizens Advice Bureau (CAB)
 HM Courts and Tribunals Service
 an Employment Tribunal office
Your local Citizens Advice Bureau can give you help to complete the form if you
need it. It is a good idea to keep a copy of the completed form for your own records.
Cases will normally be held in the Employment Tribunal office closest to the place
where you normally worked or applied for work. Online forms will automatically be
sent to the correct office. However, if the place where you worked is different from
your employer’s main address, make sure that you fill in the address and postcode
of your actual place of work if you want the form to be directed to the office nearest
your place of work.
The Employment Tribunal office will send a copy of the form to your employer and,
in most cases, to Acas. Your employer then has 28 days to respond.
In Scotland all claims are first processed by the Glasgow office, so it’s best to send
your claim there:
Employment Tribunal Office, Eagle Building, 215 Bothwell Street, Glasgow
G2 7TS
UPDATE
6
Going to court over discrimination: goods, services and facilities
Some discrimination cases are dealt with in the courts. These include cases
involving:
 services provided to you
 housing
 schools (apart from discrimination because of disability) * See separate
section on Education
 associations or private clubs
The court can:
 award damages - which could include compensation for hurt feelings
 make an injunction - an order to stop someone breaking the law, for instance
by making them change a policy
 make a declaration – a statement that says you have been discriminated
against
Helping solve disputes about discrimination in education
If you think a school or local authority has discriminated against your child, you may
be able to use an independent mediation service. This will be provided by the local
authority and is a way or resolving differences and building a more positive
relationship with the help of an impartial third person. Parents may bring a supporter
or advocate.
The school or local authority can give you details of the local mediation services.
Parents are encouraged to use mediation as a first option but there is no obligation
to do so.
You can appeal to an Additional Support Needs Tribunal if you want to challenge a
decision about a Co-ordinated Support Plan (CSP) for your child, and in certain
other circumstances, including issues related to disability discrimination under the
Equalities Act 2010. If you feel that your child has been discriminated against, you
can also contact the Equality Advisory Support Service.
The National Advocacy Service for the additional support needs tribunal for Scotland
is available to children, young people, their families and carers who believe that they
need to make a reference to the Additional Support Needs Tribunal. You can
contact them for support and information. If you think this service can help, please
UPDATE
7
call the Scottish Child Law Centre on 0131 667 6333 or Free for Under 18's 0800
328 8970.
Education authorities also have a legal duty to prepare accessibility plans to improve
access to schools for disabled pupils under the Education (Disability Strategies and
Pupil’s Records) (Scotland) Act 2002.
Lead Scotland also run an information service which provides information on a
range of education issues including disability equality and discrimination. You can
contact their helpline on 0800 999 2568.
Additional reading and useful contacts
The Home Office - http://homeoffice.gov.uk/equalities/equality-act/
GOV.UK - http://www.gov.uk
Equality Advisory Support Service – Advice Line : 0808 800 0082, Textphone
number: 0808 800 0084, http://www.equalityadvisoryservice.com
Equality and Human Rights Commission - http://www.equalityhumanrights.com/
The Equality Act 2010 - http://www.legislation.gov.uk/ukpga/2010/15/contents
The Advisory, Conciliation and Arbitration Service (Acas) –
http://www.acas.org.uk
Acas – Rights at Work: Equality and Discrimination
http://www.acas.org.uk/media/pdf/a/3/Equality___discrimination(RAW)_OCTOBER_
2010.pdf
Citizens Advice Scotland - http://www.cas.org.uk/
The Office of Disability Issues - http://odi.dwp.gov.uk/
Scottish Mediation Network - http://www.scottishmediation.org.uk/
Additional Support Needs Tribunal – http://www.asntscotland.gov.uk
Lead Scotland – http://www.lead.org.uk
Scottish Child Law Centre – http://www.sclc.org.uk/
UPDATE
8
Copyright © 2013 UPDATE - Scotland's
National Disability Information Service
UPDATE
Disability Information Scotland
Hays Community Business Centre
4 Hay Avenue
Edinburgh
EH16 4AQ
Helpline: 0131 669 1600
Email:
[email protected]
Website:
www.update.org.uk
Disclaimer:
Although UPDATE endeavour to
ensure that all information provided is
accurate, UPDATE cannot accept
responsibility for any actions or
circumstances arising from its use.
Please be aware that accessibility
standards may not be similar to the
UK. We do not endorse any product or
service referred to within this
electronic resource.
Registered Scottish charity (SCO30004) and a Company
Limited by Guarantee, registered in Scotland (SC199685).
UPDATE
9