COVID-19 update

Our office is currently not open to visitors. We are responding to emails and are operating a limited telephone service for complaints related enquiries. Our Scottish Welfare Fund review service is available by telephone as normal. Please read our information for customers and organisations.

I think I’ve been discriminated against - can you help?

The Equalities and Human Rights Commission  (EHRC) website explains what your choices are if you think you have been discriminated against. This includes information about the Equalities Advice and Support Service (EASS) who can give you advice and information. There are time limits for making a legal claim and if you are considering that option, you should take advice quickly.

Only the legal route can establish whether or not someone has acted unlawfully or breached the legislation.  If you decide to complain rather than use a legal route, this may limit what outcome you can achieve, but  public organisations should be able to respond to claims that you have been discriminated against and tell you what they have done to ensure they are taking the law into account.  If you complain to the SPSO and we decide to investigate, we will be able to check they have done this.

We can consider whether, in our view, the organisation have taken their obligations seriously and provided a reasonable explanation of their interpretation of the legislation.  We cannot determine whether that is lawful or not. 

It is important you choose the route which is best for you.  As well as the EASS, there are a range of advocacy and support organisations who can give you independent advice.  SPSO can always give advice about what we may be able to consider or how to complain but because we need to be independent when we make decisions about organisations we won’t be able to give you advice about what your other options are and what might be the best option for your concerns.

Updated: October 4, 2021