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.
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.
You can follow the steps below to check whether unlawful discrimination has taken place.
If you’re treated unfairly it’s only unlawful discrimination if the reason behind the treatment is that you, or someone else you know or you're with, belongs to a particular group. People who belong to these groups have what are called protected characteristics.
Unfair treatment only counts as unlawful discrimination if it's carried out by certain people including:
If you've been treated unfairly by an employer it could also be unlawful discrimination but you would have to follow different steps if you want to take action about it. You should check if your problem at work is discrimination.
Only certain types of behaviour or unfair treatment can be unlawful discrimination under the Equality Act. This depends on who's discriminating against you. For example, a healthcare provider mustn't discriminate against you by refusing you medical treatment or giving you worse treatment than someone else. An estate agent mustn't discriminate against you by ending your tenancy or refusing to show you a house for sale.
You need to identify what kind of discrimination the unfair treatment could be - for example, direct discrimination or harassment.
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:
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.
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.
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.
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:
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.
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.
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.
You can find further information on mediation on the Advice Services Alliance website at
If you have experienced discrimination, you can get help from the EASS discrimination helpline.
EASS also has template letters you can use if you want to complain about discrimination at
You can find useful information about discrimination on the EHRC website at
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