Deciding what action to take about discrimination

If you’ve experienced unlawful discrimination, you can complain to the person or organisation who's discriminated against you. You can also make a discrimination claim in the civil courts.

Read this page to find out what you should do before you take action about unlawful discrimination. This page doesn't cover discrimination in the workplace.

Check that discrimination has taken place

The law which says you mustn’t be discriminated against is called the Equality Act 2010. Discrimination which is against the Equality Act is unlawful. If you think you’ve been discriminated against you should check whether the discrimination is unlawful under the Act.

Check what action to take

When deciding what action to take about discrimination, you’ll need to think about what you're trying to achieve. For example, do you want financial compensation, an apology or things put right? You'll also need to think about how quickly you need to get a result.

It’s often best to try to resolve your problem informally first. It may stop the problem getting worse and avoid the expense and stress of taking legal action. You should, however, be aware that there are strict time limits for taking legal action. It’s therefore best to act as early as possible.

You can do the following things if you’ve experienced unlawful discrimination:

• make a complaint

• try mediation or arbitration

• take court action.

Make an informal complaint

If you make a complaint, this could be the fastest way to get an apology or an informal remedy. But it has no legal effect and you may not get any compensation.

It’s often best to try to resolve your problem informally first by talking to the business or service provider. It might stop the problem getting worse and avoid the expense of taking legal action.

You should contact the business or service provider as soon as possible to make sure you’re not running out of time if you want to take further action. If you think you might want to go to court, you need to make your claim within:

• 3 months if the discrimination happened at work

• 6 months if the discrimination happened outside of work

It’s a good idea to include the following things in your complaint:

• the names or job titles of the people involved

• a short description of what happened

• the date and time of the incident

• a description of how the incident affected you

• what you want the business or service provider to do now - for example, apologise or review a decision already taken or offer compensation

• when you expect a reply

It’s best to keep a record of the complaint and make a note of the date. If you spoke on the phone or in person, it’s a good idea to follow up the complaint with a letter saying what you discussed.

Make a formal complaint

If the problem isn't resolved informally, you can make a formal complaint. Ask the business or service if they have a formal complaints policy. You should make your complaint as soon as possible as there might be time limits.

If you make a written complaint about discrimination you should include the following things:

• explain what happened - include any relevant dates and times, the names of anyone involved

• say how the discrimination has affected you - for example, that it's made you feel very upset or that you've lost money as a result

• say what you want to happen as a result of the complaint - for example, an apology, a review of the decision that's been taken or compensation

• say when you want a reply

• include your name and contact details

If someone is helping you with the complaint and you want them to advocate on your behalf, you should include their name and contact details in your formal complaint. If it’s an adviser, you'll also need to attach a letter of authorisation signed by you to show you want the adviser to act for you.

Keep a copy of the email or letter. If you send a letter, write down when you sent it. It's best to send the letter by recorded delivery, or you can ask for a free certificate of posting.

You can use the template letters on the Equality Advisory Support Service (EASS) website.

Try mediation or arbitration

Mediation and arbitration is where an independent person helps both sides reach an agreement. Mediation is not legally binding which means you can still take court action if you’re unhappy with the outcome. Arbitration is generally legally binding, so even if you’re unhappy with the arbitrator’s decision you have to respect it and you can’t go to court.  

If you want to try to resolve your problem by mediation or arbitration you need the other side to agree to it.  It will take a bit longer than making a complaint, but it may help if you want to maintain a relationship with the person or organisation who discriminated against you. You could also get some compensation.

Take court action

Taking court action can help resolve your problem if you don’t get a response from the person or organisation who discriminated against you or if the problem isn’t resolved by other methods. You can also get compensation.

But it can be a long and stressful process. It can also be expensive.

Things you should think about before taking action

If you think you’ve experienced unlawful discrimination and you want to take action about it, you’ll need to establish the facts of your case. This will help you decide whether unlawful discrimination has happened and also support your case when you take action.

Thinking about the following things will help you establish the facts of your case:

• who is the person or organisation who may have discriminated against you

• what exactly happened

• when and where did it happen

• did anyone see it happen

• what disadvantage or harm did you suffer - without a disadvantage, your discrimination claim would probably not succeed

• do you have any specific examples of unfair treatment

• why do you think you were treated unfairly in each of these situations

• have you experienced or complained about discrimination before.

Keeping all your documents

If you have any emails, letters or other documentary evidence which relate to the unfair treatment, it’s a good idea to keep it safe. Make a list of all the relevant documents you have, including any you may have lost. These may be necessary as evidence if you go to court.

Check if there are any equality policies or codes of practice

The organisation who's discriminated against you may have equality policies or codes of practice. Sometimes these documents give you more protection than the Equality Act. You can use these documents if you want to make a complaint about discrimination.

Getting information to support your claim

You can ask the organisation who's discriminated against you for information about your treatment. This can help you understand what happened and if it's unlawful discrimination. It can also help you decide what action you want to take.

Next steps

• More about getting information about your discrimination case

• Taking legal action about discrimination

• Discrimination in housing

• Discrimination in health and care services

Other useful information

Mediation

You can find further information on mediation on the Advice Services Alliance website at

• www.asauk.org.uk.

Equality Advisory Support Service (EASS)

If you have experienced discrimination, you can get help from the EASS discrimination helpline.

• More about the EASS helpline

EASS also has template letters you can use if you want to complain about discrimination at

• www.equalityadvisoryservice.com

Equality and Human Rights Commission (EHRC)

You can find useful information about discrimination on the EHRC website at

• www.equalityhumanrights.com.