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: info@update.org.uk 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