How do I sue an organization under the Equality Act

[dondada]

Hello Everyone,

 

 

I wish to sue an organization under the Equality Act

 

 

I have not suffered financial loss so I don't know if I can use the Money Claim Online (MCOL)

 

 

I want the organization to change their procedure, and maybe compensation for injury to feelings

 

 

If I can't use the MCOL, then where do I go

 

 

Also, how do I quantify the compensation?

 

 

 

Thanks

[honeybee13]

I found this from the CAB.

 

https://www.citizensadvice.org.uk/law-and-courts/discrimination/taking-action-about-discrimination/taking-legal-action-about-discrimination/

 

HB

[honeybee13]

Is it anything to do with this thread or one o your others?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?476270-What-is-the-Legal-Meaning-of-Substantial-in-s43k-of-ERA

 

HB

[dondada]

Is it anything to do with this thread or one o your others?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?476270-What-is-the-Legal-Meaning-of-Substantial-in-s43k-of-ERA

 

HB

 

 

 

Clearly not

 

 

This Claim is OUTSIDE of employment hence I asked where to go

 

 

And in some of "my others" I quite clearly stated that it was for someone else

 

 

 

Thanks

[Bazooka Boo]

I want the organization to change their procedure, and maybe compensation for injury to feelings

 

You won't get any compo for your feelings.

 

Depends entirely on what this organisation is, and does, what is it you want to change, what is it you feel goes against the equality act, have you contacted them already regarding this and made your concerns known?

[dondada]

You won't get any compo for your feelings.

 

Depends entirely on what this organisation is, and does, what is it you want to change, what is it you feel goes against the equality act, have you contacted them already regarding this and made your concerns known?

 

 

Yes I have contacted them and they said they have dealt with my complaint and the case is closed

[Bazooka Boo]

Who is it?

 

And what is it you feel they have done that doesn't comply with the EA?

[dondada]

Who is it?

 

And what is it you feel they have done that doesn't comply with the EA?

 

It is a Council

 

 

I believe it is a policy on this Forum not to name names?

[Bazooka Boo]

Then I can't help, I'm not guessing who or what it is, and what may or may not have happened, no-one can give correct advice guessing and making assumptions, sorry.

[dondada]

Then I can't help, I'm not guessing who or what it is, and what may or may not have happened, no-one can give correct advice guessing and making assumptions, sorry.

 

 

Thank you for your offer of help, I appreciate it.

 

 

Unfortunately, you didn't understand my question;

 

 

I wasn't asking for you to assess the merit of my case,

 

 

That would amount to legal advice, which I believe only a trained legal personnel should give

 

 

I was seeking procedural advice ie which court I should go to

 

 

That is an advice which anyone who has had a Claim under the EqA would know.

 

 

I just felt it couldn't be the MCOL because I didn't lose money

 

 

Anyway, once again thanks for your offer of help

[BazzaS]

Which Court do you think it is, then, if you correctly point out MCOL isn’t an option?

 

1) County Court

2) Magistrates Court

3) High Court, or

4) other (in which case, which)?

 

My money is on County Court, just not through MCOL .....

 

Edited to add:

I then checked out the useful CAB link HB provided, and it confirms:

“You need to make your discrimination claim in the County Court.”

 

Then again, I’m not a solicitor, so you may feel uneasy taking my advice, based on your previous reply to a respondent.

[dondada]

Which Court do you think it is, then, if you correctly point out MCOL isn’t an option?

 

1) County Court

2) Magistrates Court

3) High Court, or

4) other (in which case, which)?

 

My money is on County Court, just not through MCOL .....

 

Edited to add:

I then checked out the useful CAB link HB provided, and it confirms:

“You need to make your discrimination claim in the County Court.”

 

Then again, I’m not a solicitor, so you may feel uneasy taking my advice, based on your previous reply to a respondent.

 

 

Thank you for your response.

 

Let me just clarify;

 

I believe it is not fair to ask someone who isn't legally trained for legal advice

 

I also appreciate that sometimes (though rare) a layperson might have a better grasp of the Law than a supposed trained person

 

You must have seen that several times

 

I believe you can tell (different from advice) that a person has an arguable case

 

I believe anybody can give procedural advice

 

I believe anybody can give tactical tips and strategies.

 

So once again thanks for this

 

I will research and find out how to make a Claim to the County Court without following the MCOL route

[AndyOrch]

How about here.....

 

 

https://courttribunalfinder.service.gov.uk/courts/county-court-money-claims-centre-ccmcc

[king12345]

Guessing game on Sunday morning...

Sweet!

Op, how can anyone suggest anything without a single hint of what the discrimination is about?

Not even the best solicitor in the world would answer.

We see here a lot of members who think they've been discriminated against, when in fact they haven't.

In many occasions people use one of their protected characteristic to claim discrimination.

That doesn't make it so and the fact that the council rejected the complaint is the first indication that maybe ,and only maybe, there's no discrimination at all.

My friend works at council housing and she can tell many stories of people claiming discrimination just to get what they want (bigger house, better area, etc.)

Also, many discrimination cases are dismissed at ET because the perception of the person is not always objective, so feeling discriminated against it's not necessarily a case of discrimination.

[dondada]

Guessing game on Sunday morning...

Sweet!

Op, how can anyone suggest anything without a single hint of what the discrimination is about?

Not even the best solicitor in the world would answer.

We see here a lot of members who think they've been discriminated against, when in fact they haven't.

In many occasions people use one of their protected characteristic to claim discrimination.

That doesn't make it so and the fact that the council rejected the complaint is the first indication that maybe ,and only maybe, there's no discrimination at all.

My friend works at council housing and she can tell many stories of people claiming discrimination just to get what they want (bigger house, better area, etc.)

Also, many discrimination cases are dismissed at ET because the perception of the person is not always objective, so feeling discriminated against it's not necessarily a case of discrimination.

 

 

 

It seems you didn't read my earlier comment that I don't believe it is fair to ask an ordinary person for legal advice.

 

Anyway, to put the issue at rest, let me address it;

 

I believe I was discriminated against by the Council

 

I made a complaint

 

They never got back to me

 

After a long time, I went back to them asking for the outcome of my complaint

 

They responded that my complaint has been dealt with and the matter is now closed

 

I was never informed about the outcome nor given an opportunty to appeal

 

My Complaint wasn't dealt with properly nor in line with their procedure

 

I feel it is victimization for making a Protected Act.

 

Obviously, there are more information but I can't give it here

 

Hence, I can not expect you to evaluate the merit of the case

 

That is why I asked for procedural advice rather than legal advice

 

 

Regards

 

 

Please note; this has nothing to do with housing benefit or any benefit at all.

 

I do not claim anything from the council

 

I have NEVER claimed anything from the council or any council

[king12345]

In that case you need legal advice from a solicitor who will need the full story anyway.

The council says that they've sorted the complaint and sent you the outcome, but you didn't receive it.

Royal mail fault, council admin fault? Who knows?

Did you request the outcome?

Maybe they found in your favour and you don't know.

Anyway, suing anyone for discrimination supposedly includes a case of, guess what? Discrimination.

Without any info nobody, not even mr loophole could give any advice.

Different courts deal with different cases, so without knowing the case, nobody would be able to advise.

[Ethel Street]

Your confusing post dondada illustrates why people ask for more details and context before advising. First you say it's an Equality Act claim you want to bring, now it seems there's no EA discrimination but you believe you have been prejudiced in some way "for making a Protected Act". Do you mean a protected disclosure ('whistleblowing')? Knowing the issue is important to advising what you can do next. From what you've said I suggest you make a complaint to the Local Government Ombudsman about the failure of the Council to deal with your complaint correctly.

[steampowered]

I would suggest you read the court's guidance on issuing a claim at https://formfinder.hmctsformfinder.justice.gov.uk/ex302-eng.pdf. This includes a paragraph on what to do where the value is not known. I suspect you would use form N1 (but difficult to say without knowing the details).

 

I would suggest you do not proceed with issuing a claim unless you share full details on here to get some input or go and get some proper legal advice.

 

A claim like this may not be allocated to the small claims, meaning you will have to pay the council's legal costs if your claim is unsuccessful.

[dondada]

Your confusing post dondada illustrates why people ask for more details and context before advising. First you say it's an Equality Act claim you want to bring, now it seems there's no EA discrimination but you believe you have been prejudiced in some way "for making a Protected Act". Do you mean a protected disclosure ('whistleblowing')? Knowing the issue is important to advising what you can do next. From what you've said I suggest you make a complaint to the Local Government Ombudsman about the failure of the Council to deal with your complaint correctly.

 

Protected Act is different from Protected Disclosure

 

Protected Act is defined in section 27 (2) of the Equality Act 2010

 

Protected Disclosure is defined in section 1 of the Public Interest Disclosure Act 1998

[dondada]

Hello everyone,

 

I took the case to the County Court via the County Court Money Claims Centre, PO Box 527, Salford

 

I used the paper form instead

 

The other side didn't put in a defence so I got a default judgement

 

I have engaged a debt collector to recover the money

 

I still don't know the exact place to file such a claim

[Bazooka Boo]

And I'm none the wiser as to what it is you've achieved????

[dondada]

I have achieved the following;

 

Justice for myself

 

Change in procedure and attitude for the organization

 

I strongly believe in the principle of Ubi jus ibi remedium

 

That means where there is a right, there is a remedy

 

Big companies and the council can't override the rights of ordinary citizens

[Bazooka Boo]

Wow, why so bitter and angry?

[stu007]

Hi

 

Well Done on your Outcome

 

How are you sure that this has changed the Councils Procedure & Attitude?

 

You sent the debt collectors in to recover money, has this been recovered?

 

What specific dept within the Council did you have this issue with?

 

Exactly what was your Equality Act issue with the Council?

[Ethel Street]

 

How are you sure that this has changed the Councils Procedure & Attitude?

 

I was wondering that too as OP says "The other side didn't put in a defence so I got a default judgement"