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Discrimination Casework

Your Rights

The Race & Equality Centre offers a FREE confidential legal advice and representation service in cases of discrimination and human rights.

This page contains information about your rights under the law as well as more about our service.

How can Cheshire, Halton & Warrington Race & Equality Centre help me?
We employ two full time caseworkers who will give you free, confidential legal advice and assistance. If we think that your case has a more than 50% chance of success we will represent you or refer your case to someone else who can. Please read our full casework policy (PDF) for further information about the conditions of assistance.   You can also download our leaflet about the service here (PDF) or in large print here (PDF) and our poster here. (PDF)

I want to take a claim, what happens next?
The process of making a claim of discrimination takes time. Employment cases are heard at an employment tribunal and all others by a county court. There are strict time limits on claiming discrimination - three months for employment cases and six months for everything else. Although there are possible extensions to those time times, you should come and see us as soon as the incident happens.

Please see our section on taking a discrimination claim for further information.

When you see the caseworker, bring with you as much information as you can including all relevant documents, as the caseworker will need to take copies of these for the file. They will take a statement from you and advise you of the next steps s/he will take on your behalf.

Generally, in discrimination cases the next stage will be service of a questionnaire on the individual or organisation you are claiming against. This questionnaire sets out your claim and asks questions designed to elicit evidence to support your case. The reply to this will help us to assess the strength of your claim.

The next stage is to make a claim to the tribunal or county court. Tribunal applications are free of charge, but for county court claims in most cases you have to pay a court fee to make a claim (unless the fee is waived in accordance with the rules on low income).

In employment cases, the tribunal often requests a case management discussion in order to clarify the issues and make sure everything runs smoothly on the day of the hearing. The hearing itself can last for more than one day, depending how complicated your case is, the number of witnesses, and what facts need to be proved to show discrimination.

How long will all this take?
It really depends on how complicated your case is, factually or legally. If you have an employment case you may have to exhaust the grievance procedure first, which takes time. Once an employment tribunal accepts a case, it usually takes between 3 and 6 months for the case to be heard.

Also, note that even when a claim is accepted by an employment tribunal in practical terms very few cases reach the stage of a hearing as the majority of cases are settled before the hearing or early on before proceedings are started.

When are you open?
We are open for drop in office hours of 10am-12pm and 2pm-4pm Monday-Friday, but appointments are available outside of those times.

If you are unable to come into our office to access the casework service, then our caseworker will arrange an appointment at another suitable venue. We are also going to start various surgeries across the area in 2010 – click here for details.

Casework contact: Sharon Willis or Pamela Nsofor
Telephone: 01244 400730
E-mail: sharon@chawrec.org.uk or pamela@chawrec.org.uk

Age discrimination

It is unlawful for your age to be the cause of less favourable treatment in your workplace or in vocational training. Find out more about age discrimination and how and where it may affect you.

Religion and belief
Your religion or belief, or those of somebody else, should not interfere with your right to be treated fairly at work, at school, in shops or while accessing public services such as health care and housing. Learn more about religious discrimination in this section.

Sexual orientation
Whether you are gay, lesbian, bisexual or straight should not put you at a disadvantage. Find out more about discrimination in the workplace, including harassment, on grounds of sexual orientation in this section.

Disability discrimination
If you have a physical or mental impairment, you have specific rights that protect you against discrimination. Employers and service providers are obliged to make adjustments for you. Find out more, and what to do if you need help.

Gender equality - sex discrimination
Women and men should not be treated unfairly because of their gender, because they are married or because they are raising a family. This section explains your rights and how to use them.

Race discrimination
Wherever you were born, wherever your parents came from, whatever the colour of your skin, you have a right to be treated fairly. This section explains the rights that protect you against racial discrimination and prejudice.

Transgender discrimination
Trans people should be able to live with dignity - there are protections for some of the forms of discrimination that trans people experience. This section explains more and lets you know where to go for advice and support.

Human Rights?
You can find more information about your human rights in the Human rights section.