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INFORMATION ON & DEFINITIONS OF RACIAL DISCRIMINATION & HARASSMENT Racial Discrimination
A person is said to have been racially discriminated against when he/she receives less favourable treatment because of his/ her race, colour, ethnic origin or nationality. Racial Harassment Racial Harassment can be defined as an unwelcome or hostile act or series of acts carried out on racial grounds. Race Relations Section 65 (RR65)
Clients can be supported without taking their case through legal proceedings. Victims of racial discrimination can serve an RR65 to the individual/organisation whom they feel has discriminated against them. An RR65 is an extensive questionnaire that allows the client to obtain information regarding the conduct of a particular individual/ organisation in order to decide whether or not to bring legal proceedings and if proceedings are brought, to present their complaint in the most effective way. It must be noted however that there is a time limit applied when serving the questionnaire in order for it to be admissible in legal proceedings. Time Limit
It is important that clients are aware of the different deadlines when pursuing cases of discrimination. In employment cases, this is three months less one day. Within this date we can file an application for the cases to be heard at Employment Tribunal. In non-employment cases such as service delivery issues, the client has six months less one day to apply to the Sheriff Court. Employment Tribunals (Constitution and Rules of Procedures) Regulation 2004 The above Regulation came into force from 1st October 2004, which has imposed obligation on the claimant (victim) to raise internal grievance with his/her employer and wait 28 days. If the Employer has not responded then the case can be filed to the Tribunal and automatic 28 days time extension will be given. If the internal grievance has not been completed within three months period and the claimant can provide evidence the Tribunal can extend time limit for further 3 months. Employment Cases
In employment cases we do encourage the claimant to seek assistance from their Union and exhaust all internal procedures. However WSREC's Racial Equality Officers (REO's) can provide support in making contact with the Employment Tribunal. Non Employment Cases
In non-employment cases where the client requires representation in the Sheriff court a qualified Solicitor is needed. WSREC can apply to the Equalities and Human Rights Commission on behalf of the individual for legal representation, but the number of cases represented is usually limited. Although we do not recommend any one individual Solicitor, we do have a list of Solicitors here that have been identified by the relevant authority as having experience dealing with cases of discrimination.
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