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16 Racial Discrimination
10. Going to an employment tribunal
If you want to make a complaint under the Race Relations Act, you must send your complaint either on form ET1 or in a letter to the Regional Office of Employment Tribunals. You can get this form from:
You must make your complaint within three months, less one day, from the date when the discrimination first happened. If you use the employer’s internal grievance procedure, the time limit is six months less one day. However, you must give your employer at least one month to resolve your grievance before taking a complaint to the tribunal, so you should complain to your employer as soon as you can.
The cost of going to a tribunal is low. The employment tribunal will decide whether you have suffered discrimination. It may also consider whether it is reasonable to make a claim. Even if you lose your case, you will not have to pay the other side’s costs unless the tribunal decides your claim was unreasonable.
If you do want to take a complaint to an employment tribunal, you would normally send a special form, called a ‘Section 65’ questionnaire, to the employer. You can get this form from:
The form lets you ask the employer about the treatment you received. For example, if you believe that you didn’t get a job because of your race, you can ask the employer for details of the selection procedures and of the qualifications and experience of the person who got the job, to see how they compare with your own. You can also ask about the racial group of the person who got the job.
You must send the form to the employer within three months of when you first knew about the discrimination, or no more than 21 days after your complaint was received by the employment tribunal.
You don’t have to use the Section 65 procedure, but it could help your case. The employer doesn’t legally have to reply to the questionnaire form, but if they don’t, the tribunal could decide that the employer discriminated against you. If you do use the procedure you can still go ahead with your complaint or withdraw it before the tribunal deals with your case.
You or the employer can appeal against the tribunal’s decision to the Employment Appeals Tribunal within 42 days after the tribunal’s decision. You can only appeal if the tribunal did not apply the law correctly, not because you think the tribunal’s decision was unfair.
This leaflet is published by the Legal Services Commission (LSC). It was written in association with the Commission for Racial Equality.
The leaflets are regularly updated but the law may have changed since they were printed so the information in them may be incorrect or out of date.
Leaflet Version: July 2017