Services: Complaints and going to court

"EqA" or "Equality Act" means the Equality Act 2010 (link to legislation.gov.uk)

The "Services Code" means the 2011 Equality Act Code of Practice on services, public functions and assocations (pdf, link to EHRC website), which came into force on 6th April, 2011.
(More on EqA Codes of Practice)

EHRC helpline
Complain to the provider
Disability Conciliation Service
Legal advice
Going to court
Victimisation
Complaining against individuals and others involved

This page looks at making a complaint under the rules about services to the public, public authority functions, or private members' clubs. There are also resources on the EHRC website: 'What to do if you believe you've been discrimination against'.

Note: this page covers the Equality Act 2010 position from 1st October 2010. See also pre-Equality Act position and Which Act applies: Equality Act or DDA?

Remedies

Compensatory payment

Where there is a breach of the Equality Act, the main legal remedy is money compensation. Most or all of the compensation is normally for 'injury to feelings' (s.119(4) EqA). The former Disability Rights Commission website (no longer online) said that awards usually ranged from £1000 upwards.

Ross v Ryanair is an example of a case discussing levels of compensation. It cites a case saying: "£750 is the least that may now days be awarded for the very slightest injury to feelings, deserving of damages, caused by discrimination on the ground of disability." The 'Vento bands' developed for employment cases may possibly be helpful.

Apology, and changing the organisation

Instead, or as well, you might want a letter of apology - and perhaps an assurance that things will change within the organisation, eg through better staff training.

Bringing in the Equalities Mediation Service (below) may be particularly useful where you would like lasting change. The British Stammering Association may also be able to help improve the awareness of the orgnisation about stammering (www.stammering.org/helpline.html).

EHRC helpline

Remember you can contact the Equality and Human Rights Commission helpline.

Complain to the provider

I suggest you should at least complain to the relevant business or organisation. Even if you don't want to bring a legal claim, this lets them know their customer service is not at the level it should be and may well lead them to take steps to correct this. See

Equalities Mediation Service

You could approach the EHRC helpline and ask to be referred to the Equalities Mediation Service: www.equalities-mediation.org.uk. This free service is likely to be an easier and cheaper approach than going to court.

For the service to be used, there must be a referral from the EHRC and the service provider must agree.

Northern Ireland

There is a Disability Conciliation Service Northern Ireland (link to equalityni.org) operated by the NI Equality Commission.

Legal advice

You may or may not wish to get legal advice or approach a relevant organisation (see my web page on Sources of Help and Advice, some of which are free). As well as helping you, legal representation (or even just preliminary legal advice) may help establish favourable precedents for people who stammer. Any cost obviously needs to be considered.

In some cases the Equality and Human Rights Commission may occasionally assist in bringing proceedings (see page on EHRC).

Questions and replies procedure

There is a questions and replies procedure for cases on services, as for employment cases. This procedure may be used by complainants, prospective or otherwise, in deciding whether to bring a claim, and how to formulate and present a case most effectively. (Services Code from para 14.27)

Going to court

If you wish to go on to court, any proceedings will normally go to the County Court, or the sheriff court in Scotland (EqA s.114). Court proceedings must usually be started within six months unless the court extends the period (EqA s.118) - though there may be an extension where the Equalities Mediation Service gets involved (you should check on this). Claims in respect of employment services go to an employment tribunal.

In practice very few cases on services seem to go to court. See Proposed Changes:Equality Tribunals (particularly 'Work and Pensions Committee report' and 'Disability Rights Commission views') on difficulties that seem to deter many people from going to court.

There is a rule that the burden of proof shifts to the service provided if the claimant makes out a prima facie case. For more: Employment complaints: Shift in burden of proof.

I am not going to talk about how to run a court case. There are some resources on the EHRC website: 'What to do if you believe you've been discrimination against'.

Victimisation

There are rules against victimisation to help protect people bringing or involved in proceedings under the Act.

Claiming against individuals and others involved

Employees, agents and others aiding discrimination can be liable as well as the relevant business.

The service provider is responsible for anything done by employees in the course of their employment, or by agents acting within their authority. In the case of discrimination by an employee, the responsible body does have a defence if it took such steps as were reasonably practicable to prevent the actions.

Even if the responsible body has a defence, agents and employees may be personally liable.

There are also rules against people aiding, instructing, causing or inducing discrimination.

For the more on the provisions dealing with these issues, see my page Discrimination: who is liable under the Equality Act.

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