Equality Act 2010 is the law that says you can’t be discriminated. You can file a civil claim if you have been discriminated against and you have not been able or willing to make arrangements with the person/organisation who discriminated against your.
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You must show that you have been discriminated against in a discrimination case.
This page will provide information about the steps you should take to prove your case to the court. This page does not cover discrimination at work.
Illegal discrimination
You must show evidence to the court that you have been unfairly treated and that your protected characteristic is the reason.
The following are protected characteristics of the Equality Act:
- Age
- Gender reassignment
- Disability
- Maternity and pregnancy
- Race
- Religion or belief
- Sex
- Sexual orientation
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Depending on the type of discrimination that you are claiming, there may be different legal requirements. These are the requirements for a successful claim.
How can you prove to the court that you were discriminated against?
You must provide evidence to support your claim of discrimination. This is known as the burden of proof.
Fulfilling the burden of proof
You must show the court the facts that it can decide, without further explanation from the person or organization you are suing, that you have been discriminated against to satisfy your burden of evidence. This means that you must prove that your facts meet the legal requirements for the type of discrimination that you are claiming under the Equality Act.
Your treatment was explained by the defendant
The defendant is the person or organization against which you are taking action.
If it finds that you have sufficient facts to satisfy the basic legal test, the court will declare you have been discriminated against unless you can give a satisfactory explanation. The defendant is deemed to have the burden of proof. They would need to prove that your treatment did not have anything to do with protected characteristics.
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You may have sent questions to the defendant regarding your treatment.
You can ask the defendant questions about your treatment to help you determine if you have been discriminated against. This guidance has been prepared by the government.
When deciding whether or not you have been discriminated against, the court may consider the responses of the defendant to questions you sent them.
Is it necessary for the court to determine if you have experienced discriminatory acts in order to grant your claim?
The court must believe that discrimination occurred in order for your claim to be successful. The law requires that the court must be satisfied that discrimination occurred based on the balance of probabilities.
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- Equality Advisory Support Service, (EASS).
- The EASS Discrimination Helpline can help you if you’ve been discriminated against.