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This page was last updated on 14 June 2007
If you think you have been discriminated against, you need to act quickly. There are time limits for bringing cases to a court or tribunal under the Race Relations Act.
Racial discrimination can be difficult to prove. You will stand a better chance of convincing a court or tribunal that you have been discriminated against if you gather as much evidence as you can, as soon as possible.
First, make a careful, detailed record of the incident you think was racially discriminatory. Note the names of possible witnesses and, if you can, also ask them to make a record of what happened.
At this stage it might be possible to sort out the problem informally by speaking to someone in charge, such a manager or teacher.
Since the Employment Act 2002 (Dispute Resolution) Regulations 2004 (the Dispute Resolution Regulations) came into force on 1 October 2004, if a dispute related to employment cannot be resolved informally and a formal grievance is made, it is compulsory for all employers to have minimum formal procedures for resolving grievances and a person must use those procedures before commencing a claim in an employment tribunal.
Various agencies can give you advice about your complaint. In some cases, they may also be able to give you legal assistance and help you to bring your case before a court or tribunal. You can get advice about your complaint from:
See the Links box on this page for more information about these organisations.
You can also seek advice from your nearest CRE office or racial equality council.
Cases involving racial discrimination in employment are heard in employment tribunals. Other racial discrimination cases are heard in county courts (in England and Wales) or sheriff courts (in Scotland). The CRE cannot itself rule on racial discrimination cases; only the courts and tribunals can do that.
You may also have other complaints, such as unfair dismissal, sex or disability discrimination, other civil claims against public authorities or immigration appeals, which you can bring at the same time as a complaint of racial discrimination. You should get advice from your local citizens advice bureau or law centre about your rights in these areas as well.
The Equal Opportunities Commission can advise you on complaints involving sex discrimination and equal pay, and the Disability Rights Commission on complaints involving discrimination on grounds of disability. See the Links box on this page for contact details.
Yes. There are different, and very strict, time limits for registering different types of race cases brought under the Race Relations Act.
Tribunal deadlines for employment cases: normally three months less one day from the date of the incident you are complaining about. However, since the Dispute Resolution Regulations came into force, the three month time limit for employment cases will automatically be extended by three months (that is, to six months) where the Dispute Resolution Regulations apply, in order to allow the parties to resolve the dispute, for example, where the grievance procedures have been commenced but not completed.
County and sheriff court deadlines: normally six months less one day from the date of the incident you are complaining about, although if an application has been made to the CRE for assistance within six months of the incident, the deadline for lodging a claim may be extended by two, or possibly three, months.
Exceptionally, and only in very limited circumstances, the court or tribunal will consider a late application when they believe it is 'just and equitable' to do so.
Time limits also apply in judicial review proceedings and immigration appeals involving claims of racial discrimination.
For example, judicial review proceedings must be commenced within three months of date on which you complained about the action or decision.
No. Proving that racial discrimination has occurred is not easy. This is because:
Pursuing a case can be very stressful and time-consuming. It is not a decision that should be taken lightly. If your complaint is about an employment matter, you must now use your employer's internal grievance procedures before commencing a claim. We also recommend that you use your trade union's services (if you are a member of one).
Litigation should be a last resort. However, given the strict time limits for making complaints in the courts or tribunals, if you are thinking about commencing a claim, it is important to seek advice about your complaint as soon as possible.
In general, it is best to try to settle your case before it gets to a full hearing, if you can agree terms that a court or tribunal would consider reasonable in the circumstances.
In practice, a significant proportion of all cases are settled on agreed terms. You may, for example, agree to settle your complaint by accepting a sum of money or an apology instead of going to court or tribunal.
In employment cases, you will automatically be offered the services of ACAS (the Advisory, Conciliation and Arbitration Service), to help you to reach a settlement. ACAS is an independent body set up to act as a go-between in disputes. You are under no obligation to accept ACAS's advice, but if you do settle through ACAS, your complaint cannot go to the tribunal and must be withdrawn. ACAS cannot assist with settling county or sheriff court cases, but your adviser or representative should be able to help.
If you win, the tribunal can order compensation to be paid to you. The amount may include a sum for lost earnings and benefits and a sum for injury to feelings. There is no ceiling to the amount a tribunal can award, although it will normally follow guidelines and precedents from previous cases. If you win, the tribunal can also recommend that your employer take certain steps to enable you to work without further discrimination.
If you lose, you will not automatically be ordered to pay the other side's legal costs, but the tribunal may make you pay if they think you acted unreasonably in pursuing your case.
You or the employer can appeal against the tribunal's decision to the Employment Appeal Tribunal, but only on a point of law. You have 42 days to lodge an appeal. Appeal cases are eligible for public funding (formerly known as legal aid).
If you win, the court can order compensation to be paid to you. The amount may include a sum to compensate you for any losses and a sum for injury to feelings. There is no ceiling to the compensation that a court can award, but awards tend to be lower than those made by tribunals.
If you lose, you will usually have to pay the other side's legal costs.
Yes, you can withdraw your complaint at any time. However, the longer you leave it before withdrawing, the greater the possibility that you might have to pay the respondent's legal costs.
The tribunal can, at any time, order the case to be struck out or amended if they think it is unreasonable, or of they think you are just trying to make trouble.
You cannot get public funding for representation at an employment tribunal. If you are unemployed, or have a low income, you may be able to get advice or help from a solicitor under the Legal Help Scheme (see Links box for details).
You can apply for legal aid for court cases. In the first instance, you should seek advice from an advice agency, or from a private lawyer.
It is also possible that some household contents insurance policies include general legal expenses.
You can apply to the CRE for assistance. All applicants to the CRE will receive some advice, but only a small proportion of applicants receive legal representation.
Other sources of advice, such as racial equality councils, advice centres or your trade union, may, in some circumstances, be able to provide legal representation as well as advice, but you cannot rely on this.
If you are determined to pursue your case, especially if it is an employment case, where legal aid is not available, you should be prepared to represent yourself, unless you can afford a private lawyer.