Disability / Discrimination
What can I do if I’m discriminated against?
You shouldn’t be discriminated against unlawfully. If you have, complain to the organisation. If needed, you can take legal action.
Making a complaint
Informal complaint: If you think you’ve been discriminated against, the first place to start is by raising the issue informally with the organisation concerned. This may quickly resolve the issue or prevent it from getting worse.
Formal complaint: If an informal complaint doesn’t work, the next step is to make a formal complaint. Ask the organisation you’re complaining about for a copy of their complaints procedure.
You may be able to get help on drafting your discrimination complaint from Citizens Advice or a local law centre.
Police complaints: If you’re making a complaint against the police because they’ve been rude, aggressive, or unhelpful, make it clear that you are alleging discrimination. There are specific guidelines they must follow for discrimination complaints.
We have a separate page on how to make a police complaint, or you can read more about police discrimination. We also have a specific guidance for disabled people complaining about the police.
Taking it further
Ombudsmen
If your complaint is not resolved by following the relevant complaints procedure, you may be able to escalate it to an ombudsman. An ombudsman is an impartial body that can look into complaints about companies and organisations. They are independent and free to use.
For example
- the Local Government and Social Care Ombudsman can look into complaints against a local council.
- The Independent Office for Police Conduct (the IOPC, the police ombudsman) can look into complaints about the police.
The Ombudsman Association has more information on finding the right ombudsman for your complaint.
An ombudsman’s decision could include recommending that the organisation:
- apologises
- changes processes or procedures
- disciplines the employees involved, or
- in certain limited circumstances, pays compensation for distress and inconvenience.
Taking legal action
If you can’t solve your problem through informal complaints, formal complaints, or the ombudsmen, you might be able to take legal action. You would do this by bringing a discrimination claim through the courts.
If you are considering legal action, you should get legal advice as soon as possible. This is so you understand whether you have a strong claim, and what financial costs are involved.
For help finding a lawyer, see our I need a lawyer page. You may also be able to get advice from Citizens Advice.
Depending on your case, you may be eligible for Legal Aid to cover the costs of your claim. Use this online tool to check if you are eligible for Legal Aid, or you can contact Civil Legal Advice on 0345 345 4 345 (9am to 8pm Monday to Friday, 9am to 12.30pm Saturday).
When to take legal action
The time limit to bring a discrimination claim under the Equality Act is:
- 3 months less one day from when the discrimination happened if it was in the employment context, or
- 6 months less one day from when the discrimination happened in other contexts.
Alternative dispute resolution (ADR)
Before going to court, you might want to try Alternative Dispute Resolution (ADR) to resolve the issue. This is where people who are on different sides of a dispute use an independent professional to help resolve a problem.
There are different types of ADR including:
- Mediation: The independent professional (a mediator) will help both sides to agree a solution together.
- Conciliation: After listening to both sides, the independent professional (a conciliator) will try to find a resolution that everyone is happy with.
- Arbitration: The independent professional (an arbitrator) will consider information from both sides and then make a decision on the complaint. Their decision is legally binding.
If you want to take legal action, the courts will generally expect you to have considered using ADR before starting court action. ADR can be quicker and cheaper than going to court.
For help finding a mediator, you can use this search tool.
Help on discrimination law
For free advice and information about discrimination law, you can contact the Equality Advisory Support Service (EASS).
The EASS provides advice to people in England, Scotland and Wales on discrimination issues and can explain to you your rights under the Equality Act, how it applies and the remedies that may be available to you. However, they cannot provide you with legal advice or representation.
The EASS helpline can be contacted on 0808 800 0082 (9am to 7pm Monday to Friday, 10am to 2pm Saturday).
The Disability Law Service provides advice and support specifically on disability discrimination.
Citizens Advice also provides wide-ranging advice on discrimination, including making a claim.
What are my rights on this?
Find out more about your rights and how the Human Rights Act protects them
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