Check how to make a formal complaint about discrimination

If you told an organisation about discrimination and you don’t like their response, it’s usually best to make a formal complaint. 

If you haven’t told the organisation about discrimination yet, it’s usually easier to make an informal complaint first. Check how to make an informal complaint.

If you need changes to meet your needs as a disabled person, it’s usually best to ask for reasonable adjustments first.

If you want to complain about a work, housing or education issue

If you were discriminated against at work, check how to complain about work discrimination.

If a landlord or letting agent discriminated against you, check how to complain about housing discrimination.

If a school, college or university discriminated against you or your child, check how to complain about discrimination in education.

If you want to make a formal discrimination complaint, it’s usually best to:

• check if a formal discrimination complaint is right for your situation

• follow the steps in the organisation’s complaints process

• get evidence to show what happened 

• write a written complaint

 If you don’t like the response to your formal complaint, there are things you can do to get the outcome you want.

Check if a formal discrimination complaint is right for your situation

You should only make a formal complaint if you've checked that it's right for your situation. 

It might be worth taking other action instead - or at the same time as making a formal complaint. For example, you might:

• make a different type of complaint - if the organisation broke other laws when they discriminated against you

• take the organisation to court - if you know you have a strong case

There are strict time limits for taking someone to court so it’s important to check your options if you haven’t already.

Use our online tool to check what type of action is right for your situation.

If you want to challenge a benefits decision

If a benefit provider says you can’t get benefits or they reduce your benefits, you have to use a separate process to challenge the decision. This is different to a complaint. You can explain why you think you were discriminated against. Check how to challenge a benefits decision.

If you’re considering going to court

You can usually only take someone to court if you were discriminated against less than 6 months ago. It’s very difficult to take legal action after 6 months.

It takes a long time to prepare court action so you might need to start it at the same time as a formal complaint. 

You should only go to court if you have good evidence that shows what happened. Court action can take years to get to a decision and it can be a stressful process.

If you want to take the organisation to court, you’ll need help from a lawyer.

Check how to take legal action about discrimination.

Check the organisation’s complaints process

You usually have to follow the organisation’s formal complaints process. You might find it on their website or you might have to ask for it.

You usually have to send a written complaint online - by email or through an online form.

If the organisation doesn’t have a complaints process, you can send them a letter or email. You just need to say that it's a formal complaint.

If complaining in writing or online is difficult for you 

You can ask the organisation to let you complain another way. For example, you might be able to:

• send a recorded message 

• have someone from the organisation write down what you want to say over a phone call

If you don’t want to make a complaint yourself

Discrimination can be very upsetting and you might not want to contact the organisation yourself. 

You can ask someone to complain on your behalf. For example, you might ask a friend or family member, or talk to an adviser.

Get evidence to show what happened

Before you write your complaint, it’s important to gather evidence to show you were discriminated against. Your complaint is more likely to succeed if you have evidence to support what you’re saying.

Think about what evidence can show what happened and how it affected you.

Your evidence might include:

• letters, emails, texts, phone call records, and social media messages

• any notes you took about what happened - for example diary entries or notes on your mobile phone

• any notes or recordings of meetings between you and the organisation

• a written statement from someone else who saw what happened

• your medical information - for example, to show you’re disabled or to show how the discrimination affected your health

• any photo or video evidence of what happened - for example CCTV footage or phone recordings of any discriminating behaviour

• the organisation’s own rules or policies - if these show they didn’t follow their own rules correctly 

Keep all your evidence together in one place and clearly label it. This will make it easier to manage and send with your complaint.

You can usually send digital copies of your evidence. If you can only send physical documents, don’t send the originals. Send photocopies or photos of the documents instead.

Asking for the evidence you need

If the organisation you’re complaining to has any information about you, you have a right to access this information under data protection law. This is called a ‘subject access request’. 

For example, you might make a subject access request for any emails or messages that are about you but weren’t sent to you. 

Check how to make a subject access request on the Information Commissioner’s website.

If you’re complaining to a public body, you can ask them for information that helps to show you were discriminated against. Public bodies include NHS hospitals, GP surgeries or local councils.

This is called a freedom of information (FOI) request. Check how to make an FOI request on the Information Commissioner’s Office website.

If you don’t have clear evidence of discrimination

Discrimination isn’t always obvious and you might not have clear evidence of what happened. Your own description of events still counts as evidence. 

Try to explain things as clearly as you can when you write your complaint.

What to say in a formal complaint

You need to include details and evidence that show the organisation discriminated against you.

You should still try to keep your complaint as clear and focused as possible. If your complaint is too long it might take longer to get a response or the organisation might miss important information in your complaint.

The Equality Act is the law that protects you from discrimination by businesses and services. It’s worth referring to the Equality Act in your complaint and starting your letter with ‘I’m making an official complaint about discrimination under the Equality Act 2010.’

In your formal complaint, you should:

1. Describe the bad or unfair treatment - and mention any evidence you have to support what you’re saying

2. Explain why the organisation’s behaviour is unlawful  - including what the law says and how the organisation didn’t follow the law

3. Explain what you want the organisation to do

Make sure you keep a copy of what you send. You’ll need this if you decide to take further action

1. Describe the bad or unfair treatment

Carefully describe what people said and how they behaved. 

For example, if you were treated badly by a member of staff in a shop, you can say they spoke to you in a rude and aggressive way. You can also quote some of the language they used. This is much clearer than just saying the staff member harassed you.

You should also include: 

• when and where the discrimination happened

• the names of anyone involved and anyone who saw what happened

• what evidence you have that proves what you’re saying

• a short summary of any discussions you’ve had with the organisation - so they know what’s already happened

The discrimination might have happened over a long time or in lots of different ways. Write about key events that mostly clearly show you were discriminated against.

2. Explain why the organisation’s behaviour is unlawful

Organisations must not discriminate against you because of certain things, like your gender, race or if you’re disabled. These are called ‘protected characteristics’. 

You’ll need to say which of the protected characteristics the discrimination was about. If the discrimination was about more than one characteristic, you should mention them all. Check what protected characteristic applies to your situation.

You can also say what specific type of unlawful discrimination you’ve experienced - for example, harassment, direct discrimination or victimisation. If you’re struggling to work out which type of discrimination it was, don't worry. Just say that you think it was discrimination. Check what type of unlawful discrimination applies to your situation. 

If you think the organisation has broken other rules, you should mention this in your complaint too. For example, if a housing association discriminated against you, they might have also broken rules about how housing associations must treat tenants. If you think you’re in this situation, you can talk to an adviser.

3. Explain what you want the organisation to do

Say what you want the organisation to do about the discrimination - for example apologise, make changes to how they work or give you compensation.

If you complained before and didn’t get what you asked for, you should explain why you weren’t happy with their response.

You should also say when you want a reply. Check if the organisation’s website says how long they take to reply. If they give a time limit, put this in your letter.

If they don’t give a time limit, it’s usually best to give them 28 days to respond. 

It might also help to tell them:

• you’ll complain to an ombudsman or regulator if they don’t reply in time

• you have a right to go to court for compensation if they don’t resolve the issue 

Enghraifft

Dear Delta Railways,

I’m making a formal complaint about how your staff treated me on a recent train journey. I think their behaviour counts as unlawful discrimination under the Equality Act 2010.

1. I’m black and of Caribbean heritage. Your staff treated me much worse than my friend Alan Thwaite who is white.

Alan and I got first-class train tickets for a journey from London to Manchester. We took the 8am train on Friday 10 January 2025. The first class carriage was very busy so we had to sit separately. 

During our journey, train staff came up to me 4 times to check my ticket. They always asked to see my ticket in a stern and unfriendly way. This made me feel very uncomfortable and excluded. I texted Alan about this during the journey and he said his ticket was only checked once. All of the passengers sat next to me were white and none of them had their tickets checked more than once. 

I have attached a copy of the messages between me and Alan. I’ve also attached a statement from a passenger who sat next to me on the train and noticed this unfair treatment.

2. I think this behaviour counts as race discrimination under the Equality Act 2010.

The only reason I was treated worse than Alan and the other white passengers was my race.

Race is a protected characteristic under the Equality Act. The Equality Act says it’s unlawful to treat someone worse than someone else because of a protected characteristic. This is ‘direct discrimination’. I think what happened counts as direct discrimination.

3. I want your organisation to formally apologise and make sure your train staff have better diversity and inclusion training.

I have a right under the Equality Act to make a legal claim for compensation if the issue isn’t resolved. I don’t want to take legal action but I will consider it if you refuse to make any changes. 

Please can you respond within 28 days. I hope we can resolve this issue.

Kind regards,

Michael Barrett

If the organisation don’t reply to your complaint

Contact the organisation as soon as the time limit you gave them has passed.

You should:

• include the dates you sent any previous complaints

• say you need a response as soon as possible or you will complain to an ombudsman or regulator

• remind them you have a right to make a legal claim for compensation under the Equality Act

If the organisation says how long they take to deal with complaints on their website or in their complaints policy, you can quote this.

You can also send your follow-up letter in the post by recorded delivery. If you do this, the organisation has to sign a document to get your letter so there will be an official record that they got it.  

If you don’t like the response to your formal complaint

If the organisation refuses to accept they discriminated against you or refuses to make the changes you want, there are things you can do. You can:

• send more information to support your complaint

• report the discrimination to another organisation or group who can review the issue - for example an ombudsman

• take the organisation to court - if you were discriminated against less than 6 months ago

If you think going to court might be right for your situation, remember the 6-month time limit for going to court. You might need to start court action at the same time as doing something else.

Deciding if it’s worth taking further action

It’s also important to think about whether it’s worth taking any further action. 

Reporting discrimination to another organisation can be a long process and they usually can’t legally force anyone to follow their decision. 

Going to court can be stressful and it can take years to get a decision. 

If you don’t want to take further action using the Equality Act, that’s okay. You might want to find other ways to deal with what happened. 

For example, you might want to give the business or service a bad review.

You might also want to talk to someone you trust about what happened. This can help you feel heard and understood. You might want to talk to friends, family members or a charity like Mind or the Samaritans. You can:

• check how to contact Mind on their website

• check how to contact Samaritans on their website

Getting support might not fix the discrimination problem but it might help you feel better and improve your health.

If you’re not sure what to do, you can use our online tool to work out what action is right for your situation. You can also talk to an adviser.

Giving more information to support your complaint

If the organisation don’t accept they discriminated against you, you can give them extra information. You can use this to show their actions count as a type of unlawful discrimination under the Equality Act. Check the types of unlawful discrimination.

If the organisation don’t agree with your version of events, you can try to find more evidence to prove what you said. For example, you can see if there were any witnesses or recordings.

You might want to challenge the organisation’s explanations for their behaviour or for why they can’t make changes. For example, if they say they can’t make changes because it’s too expensive, you can: 

• suggest cheap ways they can make changes - like buying a portable ramp instead of a permanent one

• show they have enough money for the changes - for example using information from their annual financial reports

If you’re not sure what to say, talk to an adviser. 

Reporting discrimination to another organisation

If you don’t like the response to your complaint, you might be able to report the problem to an ombudsman or regulator. 

These organisations can review what happened from both sides to reach a decision they think is fair. For example, they might decide that the organisation should apologise, change their processes or pay you money for any distress they caused you. 

In your complaint, you should include all the evidence and information you sent in your previous complaints. You’ll need to clearly show how you’ve experienced unlawful discrimination under the Equality Act.

There are different organisations for different types of businesses and services. Check what ombudsman you need to contact.

Before you make this type of complaint, it’s usually best to speak to an adviser - talk to an adviser.

If you want to go to court

You can usually only go to court if you were discriminated against less than 6 months ago. It’s very difficult to go to court after 6 months.

You should only go to court if you have good evidence that shows what happened. Court action can take years to get to a decision and it can be a stressful process. 

If you want to take the organisation to court, you'll need help from a lawyer.

Check how to take legal action about discrimination.

If you’re finding things difficult

Discrimination can have a big impact on your mental health. You should talk to your GP if you’re feeling depressed or anxious. 

You can find other ways to get help with your mental health on the Mind website.

If you need to speak to someone 

You can speak to a trained volunteer at organisations like Samaritans or Shout.

Samaritans

Helpline: 116 123 (Monday to Sunday at any time)

Welsh Language Line: 0808 164 0123 (Monday to Sunday 7pm to 11pm)

Calls to Samaritans are free.

You can find other ways to get in touch with Samaritans on their website.

Shout

You can also text 'SHOUT' to 85258 to start a conversation with a trained Shout volunteer. Texts are free, anonymous and confidential from anywhere in the UK.