LEGISLATION:

Who is a service provider?

A service provider is any person who provides services, goods or facilities (paid or unpaid) to members of the public. A service provider is responsible for the acts of its employees and agents.

The meaning of the words: services, goods or facilities are not defined by the Equality Act 2010 and therefore are left for interpretation from the Courts. Examples can include:

• Access to any place members of the public are allowed to enter (for example, pubs or restaurants).

• Accommodation in a hotel, or similar establishment.

• Facilities for education (including privately run nursery schools or pre-schools).

• Facilities for entertainment, recreation or refreshment (for example, cinemas or theatres).

• The services of any profession or trade.

• Access to and use of means of communication and information services.

The Equality Act 2010 itself, legally protects people from discrimination in the workplace and in wider society. 

Section 13 of the Equality Act sets out the definition:

1. A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.

What are the protected characteristics: 

Section 4 of the Equality Act sets out the protected characteristics:

age;

disability;

gender reassignment;

marriage and civil partnership;

pregnancy and maternity;

race;

religion or belief;

sex;

sexual orientation.

An example of discrimination of a protected characteristic in goods and services: 

You recently booked a double bedroom in a small B&B for you and your same-sex partner. When you arrive at the B&B the owner refuses to give you a double bedroom as she says she doesn’t think two women should share a bed. She offers you two single rooms instead which you refuse. This is direct discrimination because of sexual orientation.

If there is a claim that is both wrongful and unfair dismissal, then: the unfair dismissal claim is only pursued in the employment tribunal and the wrongful dismissal claim is a breach of contract action which may be brought as a court action or pursued in an employment tribunal. 

Enforcement proceedings may be brought either by an individual, or by the Equality and Human Rights Commission (ECHR). The ECHR has the power to investigate discriminatory practices and can serve a non-discrimination notice. 

A complaint should be made to an employment tribunal within three months (less a day) of the act complained of or such other period as the tribunal thinks just and equitable (s123 Equality Act 2010). 

The following practical steps should be taken when bringing a claim:

• Consider whether to bring the claim in the tribunal or in a civil court. 
• Check that the tribunal has jurisdiction.
• Check the time limits and whether you are still applicable to bring forwards a claim. In discrimination cases or complaints relating to non-payment of wages or holiday pay, the three-month period begins when the matter complained about happened. 
• Notify ACAS for Early Conciliation. Obtain a certificate. 
• Submit the claim on the approved ET1 form and ensure all required information is provided. 
• Once the tribunal office has received and accepted the claim, it will provide it with a case number, if the claim is accepted, the tribunal office will send a letter to confirm this, together with a booklet about what the next steps are. At the same time, the tribunal office will send the respondent a copy of the claim form together with a form (ET3) for its response. In most cases, the tribunal office will also send a copy of the claim to ACAS. 
• If the claim is not accepted, the tribunal office will return the form with a letter explaining the reason why the claim was rejected and what actions needs to be completed to correct the forms for instance. It is vital that the form is then resubmitted within the time limits. 
• If the response is not on the approved for, not received within the specified time limit or there is an issue with names for instance, it will not be accepted. 
• If the response is accepted, a copy will be sent to the claimant. 
• If the response is accepted, a copy will be sent to the claimant. 
• If no proper response is received with 28 days, the tribunal judge shall decide whether, on the material available, a determination can be made; and if so, judgement will be issued. Otherwise, a hearing will be fixed. The respondent will be entitled to participate in a hearing only to the to extent permitted by a judge, unless and until an extension of time is granted. 
• A respondent should consider whether it wishes to make a counterclaim. Any such counterclaim must be made within six weeks of receiving a copy of the claim from the tribunal office. If a counterclaim is being made, the tribunal office can be asked to send the appropriate form. 
• Once the claim and response have been received and accepted, the parties need to consider whether there are any issues there want to be dealt with or any orders which should be made before the claim should proceed further. The tribunal may give directions or orders on a variety of matters, including further information, documents and witnesses. If a party decides that it needs more information or documents from the other party, it should first ask for these to be provided voluntarily by writing to the other party, giving a reasonable time limit for responding. 
• The final hearing will determine whether the claim succeeds or fails and if it succeeds, what remedy is appropriate. A full hearing will normally be conducted by an Employment Judge sitting alone, unless the case involves a claim of discrimination, in which case there will also be two non-legal members. 
• A preliminary hearing can be held to determine jurisdictional issues. This type of hearing is heard before an Employment Judge sitting alone. 
• In a straightforward case. The tribunal will issue, of its own motion, directions for the parties to prepare for the hearing. 

The Courts:

Employment tribunals: here claims will be arising out of breaches of most aspects of the employment relationship, for example unfair dismissal, wrongful dismissal, redundancy payments, discrimination claims, equal pay claims and protection of wages claims. 

Employment Appeal Tribunal (EAT): here appeals on questions of law from an employment tribunal are heard. Its decisions are binding on employment tribunals. An appeal from the EAT lies to the Court of Appeal and from there to the Supreme Court. 

Civil courts: the civil courts, High Court and county court can hear breach of contract claims (e.g. wrongful dismissal). 

Freedom of Information:

The Freedom of Information Act 2000 provides public access to information held by public authorities. 

What is the Freedom of Information Act for?

The purpose of the act is to allow individuals to have a right to know about the activities of public authorities. Furthermore, anyone can make a freedom of information request – they do not have to be UK citizens, or resident in the UK. 

To make a request for this information, it must be made in writing. This can therefore be done by: 

• Letter
• Email
• Social media 
• Online form 
• Fax 

You should receive the information you have requested within 20 working days. The organisation will tell you when to expect the information if they need more time. 

Most requests are free, but you might be asked to pay a small amount for photocopies or postage. The organisation will tell you if you must pay anything. 

ACAS Code of Practice on disciplinary and grievance procedures: 

This sets out principles for handling disciplinary and grievance situations in the workplace. They also set the minimum standard of fairness that workplaces should follow. 

COT3 Agreement:

What is it?

A COT3 is a form of settlement agreement that records the terms of settlement of an employment tribunal claim. The terms of the COT3 agreement will reflect what has been agreed between you and your employer. 

A COT3 can be used to achieve full and final settlement of all claims over which ACAS has the power to conciliate. 

A COT3 Agreement is used once a dispute has arisen. It is used to resolve claims once the complaint has been submitted to the Employment Tribunal or during the compulsory early conciliation stage. This agreement can only be agreed with the assistance of an ACA conciliation officer where there is an active dispute. As a COT3 can be orally agreed it is very important that the parties are satisfied with the terms before they confirm to the ACAS officer their agreement because once it is declared binding by the ACAS officer it cannot be undone. 

Once the COT3 Agreement is binding ACAS will contact the Employment Tribunal and notify it that the claim has been settled. An employee may also be required to formally withdraw their claim by writing to the Employment Tribunal. 

The COT3 is a legally binding contract. 

Islamophobia discrimination cases:

Sports example:

In 2021, Former Yorkshire County Cricket Club player, Azeem Rafiq, shared the racism and experiences he received during his sporting career that led him contemplating taking his own life. 

France and the hijab ban in football: in 2019, the French Football Federation faced criticism when it implemented a ban on the wearing of religious symbols, including the hijab, by women playing football. This policy disproportionately affected Muslim women and sparked debates about religious freedom and discrimination in sports. 

US Fencer Ibtihaj Muhammad’s Experiences: the first American Olympian to wear a hijab while competing, has spoken about facing discrimination in the sport of fencing. She highlighted challenges related to stereotypes and prejudices based on her religious identity. 

Ozil’s retirement in football: in 2018, German football, Mesut Ozil, who is of Turkish descent and a practicing Muslim, announced his retirement from international football. He cited racism and disrespect, including what he perceived as Islamophobia, as factors contributing to his decision. A pre-World cup photo controversy involving Ozil meeting with Turkish President Recap Tayyip Erdogan played a role in the ensuing discussions about identity and discrimination. 

Ami Khedira (formerly with Juventus): German footballer Sami Khedira, of Tunisian descent, has spoken about receiving online abuse based on his Muslim background. The abuse has included Islamophobic remarks and racial slurs. 

2017: Champions League Match: Spartak Moscow vs. Liverpool: During a Champions League match in Moscow, fans of the Russian club Spartak Moscow were reported to have displayed a banner with an Islamophobic message directed at Liverpool’s Egyptian forward Mohammed Salah. The banned contained an image of a bomb with Salah’s face superimposed. 

2018: Lazio vs. AC Milan: in a Serie A match between the two teams, Lazio fans were accused of distributing anti-Semitic and Islamophobic leaflets targeting the club’s own player, Senad Lulic, who is Muslim. The leaflets contained offensive language and were condemned by both the club and football authorities. 

2018: West Ham United vs Liverpool: during this match, fans were reported to have directed Islamophobic abuse towards Mo Salah. The incident was widely condemned and calls for stricter measures against discriminatory behaviour in stadiums were made. 

2019: Italy: Serie A has witnessed multiple instances of racist and Islamophobic behaviour. One example includes, Brescia’s Italian striker Mario Balotelli, who of Ghanian descent, was subjected to racist and Islamophobic chants from the stands during a match against Hellas Verona. This incident led to a temporary suspension of the match. 

2019: Bulgaria vs England: the UEFA Euro 2020 qualifier match between Bulgaria and England gained attention due to widespread racist and discriminatory behaviour by Bulgaria fans. Among the incidents were instances of racist chants, including Islamophobic remarks, directed at England’s players. 

2020: Rangers vs Slavia Prague: During a UEFA Europa League match between Rangers and Slavia Prague, there were allegations of racist and Islamophobic behaviour. Rangers player Glen Kamara, who is of Finnish descent and has Muslim heritage, reported that he was racially abused by Slavia Prague player Ondrej Kudela. 

2020: Rangers vs Kilmarnock: During a Scottish Premiership match between the two teams, Rangers’ midfielder Glen Kamara, who is Finnish descent and has Muslim heritage, reported receiving racist and Islamophobic abuse from Kilmarnock’s midfielder, Aleksandar Tonev. 

2021: Metz vs Paris Saint-Germain: in a Ligue 1 match between the two teams, Metz fans were reported to have directed Islamophobic abuse towards PSG’s Moroccan midfielder, Achraf Hakimi, the incident highlighted the need for continued efforts to address discrimination in French football.