Step 1: Put your complaint in writing

If you wish to make a claim of discrimination, you must initially make a written complaint to the company/organisation who you felt discrimated against you within 2 months of the most recent occurrence of the discrimination.

You can use the Equality Tribunal’s form ES1 to write your initial complaint. In your complaint, you must identify the nature of the discrimination and your intent to seek redress.

If you do not send an initial written complaint, you cannot make a consequent claim under the Equal Status Act 2000-2004.

Step 2: Making a claim

If you do not receive a reply to your written complaint or if you are not happy with the reply within 1 month from the date you notified them and you want to pursue it further, you should refer your complaint to the Equality Tribunal within 6 months of the discrimination. You can do this, by completing the Equality Tribunal form ES3

Step 3: At the Equality Tribunal

There are a number of stages here. The first being mediation.

With your consent and the content of the other party, a mediation officer will be appointed by the Director of the Equality Tribunal in order to reach an agreement.

If an agreement cannot be reached through mediation, the Director of the Equality Tribunal will appoint an Equality Officer to investigate your claim further, hear the case and make a decision. Investigations are held in private.

During the case, you can represent yourself or you can be represented by a lawyer, trade union, community group or other representative. In general, costs are not awarded towards representation. Travel costs and other expenses (except expenses of a representative) can be paid where a person obstructs or impedes the investigation or appeal.

If a claim of discrimination is found following investigation and hearing, you can receive compensation of up to €6,350 in total. The Equality Officer can also order persons to carry out certain actions for example, a business maybe be order to arrange disability awareness training to all of its staff.

The Director of the Equality Tribunal can dismiss a claim if she or he finds that it has been made in bad faith, relates to a trivial matter or is misconceived.

All decisions can be appealed to the Circuit Court not later than 42 days from the date of the decision. There is no further right of appeal except to the High Court on a point of law.

Find out more

You can find out more about the making a claim on the Equality Authority website and on the Equality Tribunals website.