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How to bring a claim
Commencing Proceedings and Time Limits for Race Discrimination Claims
A complaint about race discrimination in employment must be brought to an Employment Tribunal within three months of the act or failure to act being complained of. A complaint about race discrimination under Part III of the RRA (goods, facilities and services, public functions etc.) must be brought to a County Court or Sheriff’s Court, within six months of the act complained of.
The tribunal or court has discretion to extend the time for bringing a complaint of race discrimination if, in all the circumstances of the case, it considers it just and equitable to do so. A tribunal might be persuaded to extend the time for presentation of your claim or allow a late claim to proceed if you can provide a good explanation for your delay in making a claim. Explanations which might be accepted are that you have been ill and that prevented you lodging your complaint in time or that you were trying to resolve matters within the organisation by pursuing an internal grievance or appeal. In all these cases a tribunal or court would expect to have evidence from you backing up your explanation before they allowed a late claim to proceed. You should not assume that you will be able to secure an extension of time for bringing a case and should do all you can to comply with the required time-limits.
The Burden of Proof and Questionnaires
In order to win a case of race discrimination, you must show that you were being treated less favourably than someone of different racial or national origins would be treated and that the treatment you received was because of or on the grounds of your race. It is also necessary to show that you suffered some detriment or disadvantage as a result of this differential treatment.
The courts have recognised the difficulties of proving a discrimination claim and have given guidance that in direct discrimination and victimisation claims it is permissible to infer that unlawful discrimination has occurred from the primary facts that have been proven. In employment and some other cases the RRA actually formalises this shift in the burden of proof so that if facts from which discrimination could be inferred have been proved, it is for the respondent to show that s/he did not discriminate.
There is also a very useful procedure under section 65 of the RRA whereby you can serve a questionnaire on the alleged discriminator, normally before you issue proceedings, and ask them to explain why they treated you as they did. This can often help you assess whether there is merit in you bringing a discrimination case.
Remedies
If a complaint of race discrimination is successful, an Employment Tribunal or a County Court has the power to make a declaration and to consider the grant of a number of remedies. A tribunal or court can award compensation if it thinks it is just and equitable to do so. Provided that you can prove that you have suffered the losses alleged, there is no limit on the compensation that a tribunal or court can award. Injury to feelings is a detriment or disadvantage recognised by Employment Tribunals and County Courts for which compensation may be awarded. A court or tribunal can also make an order for the payment of compensation for past or future loss of earnings if you have suffered financial loss as a result of the discrimination you are complaining about. If you have suffered injury to your health as a result of the unlawful discrimination, you can also receive compensation for this injury. However with regard to all these possible heads of claim it is important that you provide the tribunal or court with enough evidence to prove your claim for damages.
Commission for Racial Equality
The Commission for Racial Equality (CRE) was the equality body set up by the RRA. Since October 2007 the CRE became part of the wider Commission for Equality and Human Rights (CEHR), which brings all equality bodies together (see Equality Bodies). The CEHR has a wide remit in working towards the elimination of discrimination, promoting equality and reviewing the operation of the RRA. It has powers to carry out formal investigations and to support individuals who want to challenge racial discrimination.
The CRE website has detailed information on how they discharge their powers and carry out their duties.
Instructions to Discriminate
The RRA also makes it unlawful to instruct someone to carry out an unlawful act of discrimination or to induce or attempt to induce, directly or indirectly, such an act. Only the CEHR may bring proceedings in respect of such unlawful instructions and/or inducements.
A complaint about race discrimination in employment must be brought to an Employment Tribunal within three months of the act or failure to act being complained of. A complaint about race discrimination under Part III of the RRA (goods, facilities and services, public functions etc.) must be brought to a County Court or Sheriff’s Court, within six months of the act complained of.
The tribunal or court has discretion to extend the time for bringing a complaint of race discrimination if, in all the circumstances of the case, it considers it just and equitable to do so. A tribunal might be persuaded to extend the time for presentation of your claim or allow a late claim to proceed if you can provide a good explanation for your delay in making a claim. Explanations which might be accepted are that you have been ill and that prevented you lodging your complaint in time or that you were trying to resolve matters within the organisation by pursuing an internal grievance or appeal. In all these cases a tribunal or court would expect to have evidence from you backing up your explanation before they allowed a late claim to proceed. You should not assume that you will be able to secure an extension of time for bringing a case and should do all you can to comply with the required time-limits.
The Burden of Proof and Questionnaires
In order to win a case of race discrimination, you must show that you were being treated less favourably than someone of different racial or national origins would be treated and that the treatment you received was because of or on the grounds of your race. It is also necessary to show that you suffered some detriment or disadvantage as a result of this differential treatment.
The courts have recognised the difficulties of proving a discrimination claim and have given guidance that in direct discrimination and victimisation claims it is permissible to infer that unlawful discrimination has occurred from the primary facts that have been proven. In employment and some other cases the RRA actually formalises this shift in the burden of proof so that if facts from which discrimination could be inferred have been proved, it is for the respondent to show that s/he did not discriminate.
There is also a very useful procedure under section 65 of the RRA whereby you can serve a questionnaire on the alleged discriminator, normally before you issue proceedings, and ask them to explain why they treated you as they did. This can often help you assess whether there is merit in you bringing a discrimination case.
Remedies
If a complaint of race discrimination is successful, an Employment Tribunal or a County Court has the power to make a declaration and to consider the grant of a number of remedies. A tribunal or court can award compensation if it thinks it is just and equitable to do so. Provided that you can prove that you have suffered the losses alleged, there is no limit on the compensation that a tribunal or court can award. Injury to feelings is a detriment or disadvantage recognised by Employment Tribunals and County Courts for which compensation may be awarded. A court or tribunal can also make an order for the payment of compensation for past or future loss of earnings if you have suffered financial loss as a result of the discrimination you are complaining about. If you have suffered injury to your health as a result of the unlawful discrimination, you can also receive compensation for this injury. However with regard to all these possible heads of claim it is important that you provide the tribunal or court with enough evidence to prove your claim for damages.
Commission for Racial Equality
The Commission for Racial Equality (CRE) was the equality body set up by the RRA. Since October 2007 the CRE became part of the wider Commission for Equality and Human Rights (CEHR), which brings all equality bodies together (see Equality Bodies). The CEHR has a wide remit in working towards the elimination of discrimination, promoting equality and reviewing the operation of the RRA. It has powers to carry out formal investigations and to support individuals who want to challenge racial discrimination.
The CRE website has detailed information on how they discharge their powers and carry out their duties.
Instructions to Discriminate
The RRA also makes it unlawful to instruct someone to carry out an unlawful act of discrimination or to induce or attempt to induce, directly or indirectly, such an act. Only the CEHR may bring proceedings in respect of such unlawful instructions and/or inducements.
