What is Simple Procedure?
Simple Procedure was designed to be a court process that allowed a less expensive and more informal way to resolve disputes than the traditional court process. The claims are usually submitted online but you can ask to submit a claim on paper if you feel you cannot submit your claim electronically.
A Simple Procedure claim can request various remedies, including payment of money if the value of the claim is £5000 or less. If the value is more than £5000, an alternative court process is required. You can find more information about the procedure on the Scottish Courts and Tribunals website.
What is an Equality Act claim in this context?
An Equality Act claim is a claim made under section 114(1) of the Equality Act 2010. Section 114 is about claims relating to:
- the provisions of services
- the exercise of public functions
- the disposal and management of premises
- education (other than in relation to disability)
- associations
For information about likely time limits for making a claim, read our guidance. Whether an individual’s claim will fit in this context will depend on the circumstances of the case. An example of an Equality Act claim brought under Simple Procedure is where a claimant was denied entry to a restaurant with their registered guide dog, which could amount to disability discrimination.
Can you raise an Equality Act claim under the Simple Procedure court process?
Yes. Anyone making such a claim must send a copy of their claim form to the Equality and Human Rights Commission.
This can be done by email to legalrequestscotland@equalityhumanrights.com.
If you are an individual who requires assistance with your claim you should contact the Equality Advisory and Support Service (EASS).