Non Employment Discrimination

Homeless black man

PLEASE NOTE – We are not currently in a position to take on any non-employment cases but we may be able to give you some initial advice and/or refer to someone else. Please have a look at the information on this website first about non employment cases, as they are more complex and risky than employment discrimination cases.

When discrimination takes place in services, education or housing the case will be heard in a County Court.

You have longer to start your claim than in employment discrimination cases, you will have 6 months from the act of discrimination you are complaining about. But remember the case must be lodged with the court within 6 months, so if the incident you’re complaining of happened on 1st May you would have to submit the claim on or before 31st October.

Starting the Process
In non-employment and employment discrimination cases you have the right to serve an Equality Questionnaire. This allows the claimant to set out their claim and ask questions that helps to determine whether they have a case. It does not commit you to taking the claim any further forward.

If we are dealing with the case we would normally serve a questionnaire first so that we have some information to base advice on, but because of the short time limits this is not always possible.

What you need to do before you make a claim

You must follow specific steps before you take court action. These steps are set out in a document called the Practice Direction on pre-action conduct

Try to resolve your case without going to court

The Practice Direction says you must always consider alternatives to court action – for example, mediation before you take action.

Exchanging information

You need to inform the person or organisation you want to take action against, why you want to take action. You do this by sending them a letter called a letter before claim. Your letter should explain what happened to you and why you think unlawful discrimination has taken place. The person or organisation you want to take action against is called the defendant.

The defendant will then write back to you to explain their position. This will help you both decide if you can find a solution to the problem without going to court.

Annex A to the Practice Direction explains in more detail what you need to include in your letter and what happens after you’ve sent it.

Making a claim through the county court system
The information on this page outlines the steps to take a claim forward through the county court, although we do advise against doing this alone as there is a higher risk of costs than in employment tribunal.

If you wish to bring a claim, you must send or take the following to the court:

  • one copy of a claim form (called form N1) for the court, for you and for each defendants, you can download form N1 here
  • one copy of the particulars of claim for the court, for you and for each defendant (unless you have included the details of your claim on the claim form);
  • the court fee; and
  • a stamped self-addressed envelope, if the proceedings are being issued through the post.

Two girls watching a football matchPaperwork
All county courts have form N1 and will give you copies for free. They also have leaflets about bringing a claim and on current fees. The form N1 starts legal action so should be filled in very carefully, as it is the first thing the court will read.

Be very clear and give details of all the things which have happened which you think are as a result of the discrimination that you have experienced. You can get guidance from the court on how to fill the form in.  The claim form will also need a statement of what damages you expect. If a precise figure cannot be included (which is usually be the case where compensation for injury to feelings is claimed), the value should be estimated as up to £5,000; between £5,000 and £15,000; or more than £15,000. If you are not sure, you can put something like: ‘I cannot say how much I expect to recover’.

How much does it cost?
It does cost money to go to court. The fee you have to pay to the court depends on the amount you are claiming, including interest. There are exemptions for paying court fees if one or more of the following applies to you:

  • You or your partner receives income support.
  • You or your partner receives pension credit guarantee credit.
  • You receive income-based job seeker’s allowance.
  • Your gross annual income is below a set limit and you receive working tax credits with a ‘disability element’.
  • Your gross annual income is below a set limit and you, or your partner, receive working tax credit and child tax credit between you.

If you show that a payment of a court fee would involve undue hardship to you, the court manager may rule that you do not have to pay the fee, or that you can pay a reduced fee. This is called fee remission. More details on this can be had from the court and their leaflets.

Settling your case
You can agree to settle your case with the defendant at any time before the hearing. But if you reach an agreement with the defendant to settle your claim, you cannot then change your mind and ask the court to hear the complaint.

The ‘right track’
If the defendant decides to defend him or herself against your claim, the court will then allocate your claim to the appropriate ‘track’. To help decide this, the court will issue what is known as an ‘allocation questionnaire’.

You must complete and return the allocation questionnaire within the time specified on the form and with the fee required. A judge will then allocate your claim to ‘the small claims track’, ‘the fast track’ or ‘the multi-track’. You will be sent a notice telling you which track your claim has been allocated to and what you must do to prepare your case for trial or final hearing.

Which track your claim is allocated to depends on its value and other matters to do with the case.

  • The ‘small claims track’ is the normal track for claims from £5000 to £10,000
  • The ‘fast track’ is the normal track for claims between £10,000 and £25,000, where the trial is likely to last for no longer than one day.
  • The ‘multi-track’ deals with high value claims and for particularly legally complex cases.

Equal Rights Road SignThe small claims track is intended to be a simple and informal way of resolving disputes, which can be used without the help of a solicitor. The procedures for the fast and multi-tracks are more complicated. If your claim is allocated to either of them, you will probably need advice from a solicitor or a legal advice service.

What you might get from your claim
If you are successful with your claim, a county court can give you:

  • a declaration that discrimination happened
  • compensation (known as ‘damages’) for any actual financial loss and for injury to feelings or personal injury. Compensation will not be awarded for unintentional indirect discrimination;
  • an injunction to stop the service provider discriminating against you

After the hearing
If you do not agree with the judge’s decision, you can appeal. You must be able to show that:

  • there was a serious irregularity affecting the proceedings; or
  • the judge did not use the law correctly.
  • The time limit for appealing is 14 days from the date of service of the order.

If you are unsuccessful in your appeal, you may have to pay the defendant’s costs.

Enforcing compensation
If you have succeeded in your claim but the defendant has failed to pay you the compensation, you will need to ask the court to take more action. Court fees are payable for enforcement action but you will be reimbursed by the defendant if you are successful in getting the money you are owed. You can get leaflets on enforcing your judgment from the county court.