Best Discrimination Lawyers in Aberdeen

About Discrimination Law in Aberdeen, United Kingdom

Discrimination law in Aberdeen is governed primarily by the Equality Act 2010, which applies across Scotland. The Act protects people from unfair treatment on the basis of protected characteristics and applies in employment, education, housing, services, and when dealing with public authorities. If you live, work, study, or access services in Aberdeen, the same national protections apply, alongside Scottish specific duties on public bodies and local procedures for complaints and tribunals.

In practice, discrimination issues in Aberdeen often arise in workplaces, schools and universities, rented and social housing, healthcare and local authority services, and in clubs and associations. Many cases are resolved informally or through internal complaints and conciliation. Where that is not possible, legal action through a tribunal or the civil courts may be appropriate.

Why You May Need a Lawyer

To assess your rights and the strength of your case. A lawyer can clarify whether what happened is unlawful under the Equality Act 2010, identify the correct legal forum, and advise on time limits.

To deal with time sensitive steps. Employment cases usually require contacting ACAS for Early Conciliation within 3 months less 1 day of the act complained of, which pauses the clock. Non employment Equality Act claims often have a 6 months less 1 day limit. Calculating and preserving limitation can be complex.

To draft effective complaints and gather evidence. Well prepared grievances, data requests, and witness statements can make a significant difference to outcomes.

To negotiate settlements. Many disputes resolve through ACAS conciliation or direct negotiation. A lawyer can advise on fair compensation, confidentiality terms, references, and tax treatment.

To navigate reasonable adjustments. Disability cases often turn on whether adjustments were reasonable. Legal input can help frame and evidence what adjustments are needed and why.

To represent you at a tribunal or court. Preparation for hearings, cross examination, legal submissions, and remedies arguments benefit from specialist experience.

To challenge public bodies. Claims against councils, schools, health boards, and police may involve public sector equality duties and judicial review principles. Specialist advice is valuable.

Local Laws Overview

Equality Act 2010. Prohibits discrimination, harassment, and victimisation related to protected characteristics. Protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Types of unlawful conduct. Direct discrimination, indirect discrimination, failure to make reasonable adjustments for disabled people, discrimination arising from disability, harassment, victimisation, and equal pay claims.

Where to bring claims. Employment claims go to the Employment Tribunal in Scotland. Non employment Equality Act claims, for example services or housing, are usually raised in the Sheriff Court, including the court serving Aberdeen. School disability discrimination cases in Scotland go to the Health and Education Chamber of the First tier Tribunal for Scotland. Appeals from the Employment Tribunal go to the Employment Appeal Tribunal.

Time limits. Employment Tribunal claims usually 3 months less 1 day from the act complained of, with ACAS Early Conciliation required before lodging a claim and pausing the time limit. Services, public functions, education, and premises claims are usually 6 months less 1 day. Equal pay can be brought in the Employment Tribunal within 6 months of the end of employment, or as a civil claim in Scotland typically within 5 years. Different deadlines can apply, so get advice quickly.

Public sector equality duty. Scottish public authorities, including Aberdeen City Council and local health boards, must have due regard to the need to eliminate discrimination, advance equality of opportunity, and foster good relations. Scotland has specific duties that require listed authorities to publish equality outcomes, report on gender pay gaps, and assess the equality impact of policies.

Remedies. Declarations, recommendations, and compensation, including financial loss and injury to feelings. Injury to feelings awards are assessed with guideline bands often referred to as Vento bands. Interest may be added. Tribunals do not usually award legal costs, but can do so in limited circumstances.

Fees and funding. Since 2017, there are no fees to bring Employment Tribunal claims. Court fees may apply in the Sheriff Court. Legal aid is available in Scotland for some cases, subject to tests. Trade unions, insurance policies, and advice agencies may provide representation.

Related criminal law. Hate crime in Scotland is prosecuted under legislation including the Hate Crime and Public Order Scotland Act 2021. Hate incidents can be both a criminal matter and evidence of civil discrimination, depending on context.

Frequently Asked Questions

What counts as discrimination under Scottish law

Discrimination is unlawful when someone is treated unfavourably because of a protected characteristic, a policy puts them at a particular disadvantage without justification, they experience harassment related to a protected characteristic, they are victimised for asserting their rights, or a disabled person is denied reasonable adjustments. The context matters, for example at work, in education, housing, or when using services.

What are the protected characteristics

Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Equal pay claims are a specific part of the Equality Act dealing with sex equality in contractual pay and terms.

How long do I have to bring a claim

Employment claims are usually 3 months less 1 day from the act complained of. You must contact ACAS for Early Conciliation before you can lodge a claim, and conciliation pauses the time limit. Claims about services, public functions, education, and premises are usually 6 months less 1 day. Equal pay has different limits. Get advice as soon as possible to avoid missing deadlines.

Do I need to try internal processes first

Yes, it is sensible, and in employment it is expected, to raise a written grievance and use internal procedures. In education, housing, and public services, use the provider or authority complaints process. This can resolve matters and creates a paper trail that helps if you later take legal action.

What evidence should I collect

Keep a timeline, emails, messages, policies, meeting notes, medical or occupational health records, job adverts, and pay information. Identify witnesses and save their contact details. You can make a subject access request to obtain your personal data. Preserve evidence from the start.

What remedies can a tribunal or court award

Compensation for financial losses, injury to feelings, and sometimes aggravated damages, plus declarations and recommendations to prevent future discrimination. In equal pay cases, arrears of pay can be awarded for a defined period. Interest may also be awarded.

Will I have to pay fees to make a claim

There are no fees to submit an Employment Tribunal claim. Sheriff Court fees may apply for civil claims, although fee exemptions exist. Legal aid may be available in Scotland subject to financial eligibility and merits, and other funding routes include trade union support and legal expenses insurance.

Can I complain about a public body like Aberdeen City Council or NHS Grampian

Yes. You can use the organisation complaints process, raise discrimination concerns under the Equality Act, and if unresolved you may be able to bring a claim in the Sheriff Court or relevant tribunal. You can also escalate service complaints to the Scottish Public Services Ombudsman, which can consider maladministration. Strict time limits still apply for legal claims.

Is harassment a police matter or a civil claim

It can be either or both, depending on what happened. Harassment related to protected characteristics can be unlawful under the Equality Act and give rise to a civil claim. Hate incidents and crimes should be reported to Police Scotland. A lawyer can advise on the best route and how criminal reports interact with civil proceedings.

Do I need a lawyer to sign a settlement agreement

For employment settlement agreements to be valid, you must receive independent legal advice on the terms and their effect. Employers commonly contribute to your legal fees for that advice. Do not sign until you understand the consequences, including waiving claims and confidentiality obligations.

Additional Resources

Advisory, Conciliation and Arbitration Service, ACAS - Free guidance on workplace rights and the mandatory Early Conciliation process before Employment Tribunal claims.

Equality Advisory Support Service, EASS - Helpline for individuals about discrimination under the Equality Act and how to pursue complaints.

Equality and Human Rights Commission, Scotland - Statutory body that enforces equality law and publishes codes of practice and guidance relevant in Scotland.

Citizens Advice Scotland, including Aberdeen area bureaux - Free local advice on discrimination and related issues like employment, housing, and benefits.

Grampian Regional Equality Council, GREC - Aberdeen and Aberdeenshire charity offering equality advice, casework support, and hate incident reporting.

Scottish Courts and Tribunals Service - Information about the Employment Tribunal in Scotland, Sheriff Courts, and the Health and Education Chamber.

Scottish Public Services Ombudsman, SPSO - Independent body for complaints about councils, health boards, and other public services after local processes are exhausted.

Police Scotland - For reporting hate crime and hate incidents, with specialist officers in the North East Division.

University of Aberdeen Law Project and local law clinics - Student led services that may offer free preliminary advice and assistance.

Scottish Legal Aid Board - Information about legal aid availability and finding solicitors who undertake legally aided discrimination work.

Next Steps

Record what happened. Write a dated timeline, keep documents and screenshots, and identify witnesses. If you need adjustments or safety measures, request them in writing as soon as possible.

Use internal processes. Raise a grievance at work, complain to the service provider or public body, or use your school or university procedures. Set out the facts, the protected characteristic involved, and the outcome you seek.

Check time limits. Note the deadline that applies to your situation. In employment, contact ACAS promptly to start Early Conciliation, which is required before a tribunal claim and pauses the limitation clock.

Get advice. Speak to a specialist discrimination solicitor, a trade union representative, or a local advice agency. Ask about funding options, including legal aid, union support, or insurance cover.

Consider resolution options. Many cases resolve through adjustments, apologies, policy changes, or compensation via negotiation or mediation. Weigh the costs, time, and stress of litigation against achievable outcomes.

Prepare for formal action if needed. If settlement is not possible, your adviser can help draft a tribunal claim or court writ, gather evidence, obtain expert reports where relevant, and represent you at hearings.

Look after your wellbeing. Discrimination cases can be stressful. Seek support from trusted people and local organisations in Aberdeen that can assist with advocacy and practical help.

Important note. This guide is general information, not legal advice. Every case turns on its facts and strict deadlines apply. If you think you have experienced discrimination in Aberdeen, seek tailored legal advice without delay.