Step 6: Fill in the claim form

Important

This step applies only to Simple Procedure cases. If you have started your case as an Ordinary Cause action, you should have a solicitor to represent you. They should help you start the case by Initial Writ and will be able to advise you of the next steps.

How to start a claim for Simple Procedure

If you're taking action under Simple Procedure you need to send a 'Simple Procedure claim form' or Form 3A to the court to start the process. The same form is used for all types of claims under £5,000 in the Sheriff Court.

Start your claim online using Civil Online on the Scottish courts website.

Download and complete form 3A from the Scottish Courts and Tribunal Service website. 

To fill out the form:

• read the whole form first

• see our advice on filling in the form on taking someone to court

• read the tips below for completing the form for discrimination cases

• read the Simple Procedure rules on the Scottish courts website.

If there's anything you’re not sure about, phone the sheriff court you're submitting your claim to.

Section A - What you want from the respondent

Use the calculations you did in Step 2 before you complete this part.

If you want compensation, you should complete the box called, "I want the respondent to be ordered by the court to pay me a sum of money." You can also ask for interest. Check the interest rates on compensation for discrimination.

If you want the respondent to be ordered to do something they are under a legal duty to do (specific implement), you should complete the box called "I want the respondent to be ordered by the court to do something for me." 

For example, you want them to make a reasonable adjustment for your disability. You will need to describe exactly what reasonable adjustment you want them to make, for example, "I want the landlord to allow me to pay rent by direct debit." Make sure the adjustment you're asking for is reasonable.

If you want another type of remedy, you will have to take different legal action - check what court action you should take. 

Asking for legal expenses to be paid

On the claim form you will usually tick yes to indicate that you want the other side to pay your legal costs if you win. They will usually also ask that you pay their costs if they win. The amount they can be ordered to pay is capped for claims under £3,000, so you can't rely on this to pay all your legal costs.

Section E  - About the claim you're making

This section of the form is all about the claim you're making.

It might be best to complete your response to question E1 on a separate piece of paper to make sure you can provide all the information that is necessary. You will need to write 'E1' at the top and make sure it is attached to the claim form when sending. 

In this section, you should explain:

• you're making a discrimination claim - mention it's under the Equality Act 2010

• your protected characteristic - for example, your age or disability

• what happened when you were discriminated against  - state key dates and times in order and what you saw, heard and felt

• what action you've taken to solve the problem out of court - such as complaining or mediation.

If you're not sure what your protected characteristic is, check if your housing problem is discrimination.

You'll need to prove these facts in court using evidence.

This is also where you state how the respondent's actions were unlawful. Make sure to mention:

• why you were discriminated against - you'll need to give your protected characteristic (for example, that you were pregnant when the discrimination happened)

• the type of discrimination - for example direct discrimination. If there's more than one, mention them all

• if it's direct discrimination you need to mention the comparator - work out who the comparator is

• the provision, criterion or practice which is discriminatory (if it's indirect discrimination) and why it puts you and other people with your protected characteristic at a particular disadvantage compared to people who don't share it

• that you're being treated unfavourably because of something linked to your disability (if it's discrimination arising from disability) and explain how

• the effect it's had on you - this could be money you've lost and the emotional or physical impact

• the relevant law that makes discriminating against you unlawful

• what you've done to try to solve the problem out of court first, like complaining or trying mediation.

The law against discrimination

You need to say which part of the law covers your circumstances - it might be more than one.

If you’re being discriminated against by someone who's managing a property or tenancies, you should say the discrimination happened during 'management of premises'. This is the legal term that covers most things landlords do, like collecting rent and dealing with repairs. You need to say you’re bringing the claim under section 35 of the Equality Act 2010.

If your problem happened during the selling or renting of homes, you can say the discrimination happened during the 'disposal of premises'. For example, if a landlord refused to show you a particular property because of your race or religion. You need to say you’re bringing the claim under section 33 of the Equality Act 2010.

Say the problem is about 'permission for disposal of premises' if the discrimination is by someone who needs to agree to the buying, selling or renting of homes. For example, your landlord might have refused to let you sublet a room in your flat because of the tenant's religion. You need to say you're bringing the claim under section 34 of Equality At 2010.

If the problem is about reasonable adjustments, say who the 'controller of the premises' is. This could be the person who rents it out or manages it. You should also say that they failed to make reasonable adjustments under section 20 and 36 of the Equality Act 2010 and that you're bringing the claim under section 21 of the Equality Act 2010.

You should also say that you’re claiming under 'Part 4 of the Equality Act 2010', the type of discrimination and what part of the law it comes under.

Check which section applies: 

Section F1 - Formal service on the respondent

You can tick this section to indicate that you want the court to formally serve the claim form on the respondent. This is very important because the deadline for starting legal action is 6 months less 1 day from the date you were discriminated against. To 'stop the clock' on this deadline you must have formally served the claim on the respondent.

'Service' is a formal legal process where the respondent is sent a copy of the claim form by a legal agent, such as a solicitor or sheriff officer. It's usually delivered by recorded delivery or in person. It's used so that the respondent knows legal action is being taken against them and can’t use not knowing about the claim as a defence.

If you don’t have a lawyer who will organise service for you it may be best to tick 'yes' and ask the court to do this. There is usually a fee. You’ll need to get the claim form to the court with enough time for it to organise service within the 6 month deadline.

Go to step 7.