discrimination claim
📖 What is discrimination claim? Meaning and definition
A discrimination claim is initiated when an individual, known as the claimant, believes they have experienced less favourable treatment, harassment, or victimisation based on characteristics such as race, sex, or disability. These claims are brought under the Equality Act 2010, which sets out the legal framework for proving discrimination. The process often begins with ACAS Early Conciliation before a Claim Form is presented to the Employment Tribunal.
The burden of proof in discrimination claims is specifically addressed by Section 136 of the Equality Act 2010. Initially, the claimant must present facts from which the court could infer that discrimination occurred. If such facts are established, the burden then shifts to the respondent (the party accused of discrimination) to demonstrate that they did not contravene the Act. It is not sufficient for a claimant merely to show a difference in treatment; there must be something more to suggest a discriminatory ground or reason.
Employment Tribunals approach applications to strike out discrimination claims with caution due to their often fact-sensitive nature and public policy reasons that favour a full hearing. However, strike-out can be used by the tribunal in appropriate circumstances, particularly where the claim lacks reasonable prospects of success. This ensures that while claims are not prematurely dismissed, the tribunal can manage cases effectively.
📋 Requirements
- The claim must allege discrimination, harassment, or victimisation contrary to the Equality Act 2010.
- The claimant needs to present facts from which an inference of discrimination could properly be drawn.
- ACAS Early Conciliation must typically be commenced before presenting a Claim Form to the Tribunal.
- The claim must be presented within the specified time limits, which can be affected by ACAS Early Conciliation periods.
📝 Procedure
- Commence ACAS Early Conciliation.
- Present a Claim Form to the Employment Tribunal, receiving a case number.
- The Tribunal will assess the claim, considering the burden of proof under the Equality Act 2010.
- The Tribunal may consider applications to strike out the claim, approaching them with caution due to the fact-sensitive nature of discrimination claims.
💡 Examples
- A claimant filed a discrimination claim alleging direct race discrimination and harassment related to race over several years, as well as victimisation, against their employer.
- An individual brought a claim for direct sex discrimination and harassment related to sex, detailing incidents that occurred over a period of time at their workplace.
- A claimant, who had a lifelong permanent disability including blindness, initiated a discrimination claim, with both parties accepting that she was disabled under the Equality Act 2010.
- A worker's discrimination claims were rejected by the Employment Tribunal because they failed to show sufficient facts from which an inference of discrimination could be drawn, beyond merely a difference in treatment.
📚 Legal basis
- Equality Act 2010
❓ Frequently asked questions
What is the Equality Act 2010?
The Equality Act 2010 is the main law in the UK that protects people from discrimination in the workplace and wider society. It covers various protected characteristics like age, disability, race, religion or belief, sex, and sexual orientation.
Do I have to go through ACAS Early Conciliation?
Yes, generally you must contact ACAS (Advisory, Conciliation and Arbitration Service) for Early Conciliation before you can make a discrimination claim to an Employment Tribunal. This process aims to resolve disputes without the need for a tribunal hearing.
What does 'burden of proof' mean in a discrimination claim?
The burden of proof refers to who needs to prove what. Initially, you, as the claimant, must show facts that suggest discrimination. If you do, the burden shifts to the employer to prove they did not discriminate.
Can a discrimination claim be struck out?
Yes, an Employment Tribunal can strike out a discrimination claim, but they do so with caution. This usually happens if the claim has no reasonable prospect of success or if there are other appropriate reasons, though tribunals prefer a full hearing for fact-sensitive discrimination cases.
What kind of discrimination can I claim for?
You can claim for various types of discrimination, including direct discrimination, indirect discrimination, harassment, and victimisation, based on protected characteristics like race, sex, or disability, as outlined in the Equality Act 2010.
How long do I have to make a discrimination claim?
There are strict time limits for bringing a discrimination claim to an Employment Tribunal, usually three months less one day from the date of the discriminatory act. This period can be extended by the ACAS Early Conciliation process.