(Includes Discrimination and Disability)
Complaints of unlawful discrimination are often complicated and deal with very sensitive issues. These can occur in a variety of settings, including in the workplace or where there is a provision of service.
Under The Equality Act 2010 it is against the law to discriminate against anyone because of certain protected characteristics, there are 9 for employment:
- Age
- Disability
- Gender reassignment
- Marriage or civil partnership
- Pregnancy or maternity
- Race
- Religion or belief
- Sex (gender)
- Sexual orientation
For service provision, which can be provided by a public service or a voluntary organisation, there are 8 prohibited characteristics:
- Age (over 18 years only and from 2012)
- Disability
- Gender reassignment
- Pregnancy or maternity
- Race
- Religion or belief
- Sex (gender)
- Sexual orientation
A complaint for unlawful discrimination can be brought to an Employment Tribunal or the Sheriff Court.
Mediation can be an effective method of allowing those in dispute to understand the nature of the complaint and the offence that it has caused. Mediation can provide a forum where these issues can be discussed in a confidential setting between both parties. Mediation can take place at an early stage, before an official complaint has been made, or after an official investigation. Parties in mediation may decide wait until mediation has taken place before continuing with a grievance or complaints procedure. Mediation does not affect your legal rights and does not prevent seeking resolution through an Employment Tribunal or the Sheriff Court.
To find a local mediation service, or a mediator who serves your area, use Find A Mediator or call the Scottish Mediation Helpline on 0131 556 8118.