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Unsure of your equality rights or the law? We can provide advice and assistance for people who feel they have been discriminated against.
 
 

Compiling your case

Tribunals

What you need to know

 
Compiling your case

When you start preparing your case, think about what you need the tribunal to know and any evidence in your possession which will support your complaint of discrimination on the protected ground of, for example:
 
  • Disability discrimination
  • Sex discrimination
  • Race discrimination
  • Religious belief and political opinion discrimination
  • Sexual orientation discrimination
  • Age discrimination


Keep a written account of what happened as this can help keep things clear in your mind.

Set up a file and keep your documents in date order. For example:

 

  • your written account of what's happened;
  • your contract, pay slips or salary details;
  • letters, emails and mobile phone texts from the Respondent or any other people you work with about the situation;
  • witness statement(s);
  • if your case includes a claim for loss of earnings you should also bring evidence that you've been applying for other jobs.

Don't write any comments on these documents, as they may have to be photocopied for the tribunal.  If you want to make notes or comments, do this on a separate piece of paper.


Beginning to compile your case

When beginning to compile your case consider very carefully how you will substantiate your claim of discrimination.  

Below are suggested questions you can use as a checklist to prompt you to think about your case and help you prove discrimination at the hearing.

Direct Discrimination

  • What is the less favourable treatment about which you complain?
  • Do you have an actual person to compare yourself with?  If so, who is your comparator and are the circumstances of the comparator the same as, or at least not very different to yours? 
  • If you do not have an actual person, consider who your hypothetical comparator is?
  • What leads you to believe that the less favourable treatment was on the protected ground of your .......…?
  • How do you propose to show to the Tribunal that it was on the protected ground of your .....…?
  • In particular where discrimination on the ground of religious belief, political opinion, disability, age, race or sexual orientation is alleged, how would the Respondent have been aware of that personal characteristic of yours?
  • Where the alleged direct discrimination is on the protected ground of disability, do you meet the statutory definition of a disabled person?
 

Indirect discrimination

  • What is the provision, criterion or practice of which you complain?
  • In what way does it put persons of a particular protected ground at a disadvantage?  This is sometimes referred to as’ identifying pools of disadvantaged persons’.
  • What is the purpose of this provision or practice i.e. does it have an aim or purpose and is that purpose a legitimate one?
  • Is the provision, criterion or practice a proportionate means of achieving the legitimate aim?
 

Harassment

  • What is the nature of the unwanted conduct and when and where did it occur?
  • How did the conduct impact or affect you?
  • Did the conduct have the purpose of harassing you and how do you know that?
  • Did the conduct have the effect of harassing you?
  • Did it violate your dignity and if so, in what way?
  • Did it create an intimidating, hostile, degrading, humiliating or offensive environment for you and if so, in what way?
 

Victimisation

  • What is the less favourable treatment about which you complain?
  • Who is your comparator?
  • What makes you think that the less favourable treatment was related to a previous discrimination claim that you were involved in or in which you might become involved?
  • What was your involvement in that previous discrimination claim or what would be your involvement in any future discrimination claim?
  • Was your involvement in that previous discrimination claim in good faith or promised on a false or malicious allegation?
 

Disability-related discrimination and/or discrimination on the grounds of disability

  • Do you meet the statutory definition of a disabled person?
  • What is the less favourable treatment about which you complain?
  • Do you have an actual person to compare yourself with?  If so, who is your comparator and are the circumstances of the comparator the same as, or at least not very different to yours?
  • If you do not have an actual person, consider who your hypothetical comparator is?
  • What leads you to believe that it was because of your disability?
  • How do you propose to show to the Tribunal that it was because of your disability?
 

Failure to make a reasonable adjustment

  • Do you meet the statutory definition of a disabled person?  
  • Is there a provision, criterion or practice applied by the Respondent that causes you a substantial disadvantage as a disabled person, in comparison to non-disabled persons?
  • Is there a physical feature of the Respondent’s workplace that causes you a substantial disadvantage as a disabled person, in comparison to non-disabled persons?
  • Are there reasonable steps that the Respondent can take to prevent their practice or features from having that effect?
  • Have you suggested such steps to the Respondent?
  • Has the Respondent ever asked you what steps you considered could be made to reduce the substantial disadvantage caused to you?
 
 

 
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