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Advice before you start

Taking a case of discrimination against an employer is a serious matter. Cases are taken in an Industrial Tribunal or (in a case of religious belief and/or political opinion discrimination) in a Fair Employment Tribunal. The Tribunal is a court of law, which will hear evidence and decide the case. You are not required to have legal representation like a solicitor or barrister, but often the person taking the case (known as the Claimant) and the employer defending the case (known as the Respondent) will have a lawyer presenting the case.

The Equality Commission strongly recommends that you should:

Seek advice through the Commission’s Enquiry Line on 028 90 890 890 as soon as you think you have been discriminated against. Ask to speak to a Discrimination Advice Officer. The advice is free and confidential.
Try to resolve the matter directly with the employer before you issue legal proceedings. This should be done quickly and in writing, as there are strict time limits for lodging a case.
Look for legal representation. The Equality Commission can advise on this, if you think that you will not be able to resolve your dispute informally.Some examples of people who might help you -

The Equality Commission. The Commission itself provides free legal assistance with some cases. The Discrimination Advice Officer can advise you on how to apply for assistance.
A solicitor. The Law Society can provide you with a list of solicitors who have experience in discrimination law. You will be responsible for their fees.
A trade union. If you are a member of a trade union they may be willing to represent you.
A law centre or other voluntary advice centre.
Labour Relations Agency
Citizens Advice Bureau

Full details of potential sources of help are contained in the section Useful contacts.

If, after taking the above steps, you decide to take your case yourself this Guide is intended to help you.

What this Guide is about

This Guide has been prepared by the Equality Commission for Northern Ireland (ECNI) for use by Claimants representing themselves before Industrial and Fair Employment Tribunal. This Guide will give you information about taking that claim through the Tribunal process, all the way to the final hearing at which your claim of discrimination will either be upheld or dismissed.

The Guide is not intended to be a substitute for independent legal advice nor is it a definitive guide to the law and all the procedures. It is simply a layperson’s guide, written in accessible language, offering advice and help to the Claimant who wishes to - or for financial reasons is forced to - represent himself or herself before the Tribunal.

Note also that this Guide is confined to complaints of discrimination. It does not, therefore, deal directly with other claims that a person may make to a Tribunal arising out of an employment dispute, such as unfair dismissal generally, unlawful deduction of wages etc.

If you are assisted by the Commission then it will act as your legal representative and you should take your advice from your appointed Legal Officer.

Using the Guide

There are overlaps in the information contained in the sections in this Guide. If you are representing yourself in a discrimination claim you are strongly recommended to read each of the sections.

The range of possible steps that the parties, and the Tribunal, can take means that there is considerable cross-referencing between Sections and your experience of this Guide may be that you ‘dip’ into and out of it as you need to.

Case studies have been provided for your ease of reference and will be referred to throughout the course of this Guide in order to demonstrate various legal steps.