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NEW Service: Combating Discrimination on the grounds of Religion, Faith or Belief
GREC CASEWORK POLICY & PRACTICE STATEMENT FOR SERVICE USERS
One of the primary areas of work for GREC is that of CASEWORK. This involves providing assistance and advice to victims of racial discrimination under the Race Relations Act 1976 (as amended by the Race Relations (Amendment) Act 2000) (RRA).
On this page we outline the standard of service that clients can expect from GREC. We hope you find it a helpful guide as to how we set about investigating complaints. You can also request a printed leaflet about our services or download a copy here as a PDF.
If you think you have been discriminated against on racial grounds, you have the right to take legal proceedings. "Racial grounds" cover not only race, but also colour, nationality, and ethnic or national origins. Cases of discrimination in employment are heard in an Employment Tribunal, and all other cases in a Sheriff Court (in Scotland).
If you have any queries relating to the procedures for investigating complaints of racial discrimination, GREC will be happy to go over them with you.
Grampian Racial Equality Council (GREC) is the organisation in the voluntary sector committed to combating racism in the North East of Scotland.
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GREC's MISSION STATEMENT:
"GREC is working with others to ensure that everyone is valued for who they are and is able to contribute with encouragement and without fear of discrimination or unfair treatment."
GREC has been active for over 15 years.
GREC's staff are the Directors, the Senior Race Equality Officer, the Project Co-ordinator, the Office Manager, the Caseworker, the Graphic Designer, Police Secondee and a number of project workers.
With regard to Casework GREC works in close partnership with the Commission for Racial Equality, the national statutory body dealing with racial discrimination.
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BREAKING DOWN BARRIERS, BUILDING UP PEOPLE
GREC is an autonomous voluntary organisation which brings together representatives from the statutory authorities, voluntary organisations and individuals who support the aims of the Council.
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HOW CAN GREC HELP YOU?
We provide a confidential service and can help or refer you to a more appropriate agency if:
You have been harassed verbally or physically because of your race, colour, nationality, ethnic or national origin.
You feel that you have been discriminated against, or victimised, because of your race, colour, nationality, ethnic or national origin.
You require information and advice on race-related issues.
You require advice on anti-racist and equal opportunities training for your organisation.
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STANDARDS OF SERVICE
WHEN YOU WRITE TO GREC we will reply to, or acknowledge, your letter within 5 working days of receiving it. We will answer your question as fully and as helpfully as possible.
WHEN YOU TELEPHONE GREC your questions and queries will be answered as fully and as helpfully as possible. If your query is of a specialist nature relating to racial discrimination, we will find out the answer for you and respond to your query within 5 working days. If the enquiry is a non-race related issue, you will be directed to an appropriate organisation.
WHEN YOU VISIT GREC WITHOUT AN APPOINTMENT you will be made to feel welcome and will have an opportunity to discuss your complaint. There may not, however, be a worker available to take a statement from you and begin taking action on your complaint. In this circumstance, an appointment will be made for you to visit the office when a Caseworker is present.
WHEN YOU VISIT GREC BY APPOINTMENT a worker will be there to receive you, hear details of your complaints and a take statement of your account. You are free to bring a friend or relative along with you.
You also have the right to apply to the Commission for Racial Equality (CRE) for legal assistance. The Commission must consider all applications, according to criteria set down by the Race Relations Act (RRA), but it has complete discretion when deciding which cases to support.
At GREC, a worker will assist you in taking forward a case of discrimination where it falls within the scope of the RRA. The worker will explain any procedures and will help you fill out the forms. It is of paramount importance that you cooperate with the worker, respond to communication from the worker promptly, and provide all relevant information relating to the case. Lack of cooperation may seriously hamper the process of a case, and as a result GREC may be unwilling to provide further assistance. If you agree to the worker investigating and taking forward your complaint of discrimination, you will be asked to sign forms giving consent.
In circumstances where a client's case is clearly out with the scope of the RRA or is not race related (e.g. is a straightforward infringement of employment or welfare rights), the GREC worker will, with the agreement of the client, refer the complaint to the appropriate agency e.g. Citizens Advice Bureau, trade union, Welfare Rights Office etc. In this circumstance, if you need assistance in making contact with, or putting forward your complaint, GREC will offer to provide you with this help.
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WHAT WILL GREC DO FOR YOU?
In circumstances where the complaint is within the scope of the RRA, a statement of the complaint will be taken from the client, an assessment of the type of discrimination involved will be made, and an appropriate level of assistance will be agreed with the client. No legal action will be taken on a complaint without the client's informed consent.
Clients should be made aware of the time limits involved in taking forward a complaint of racial discrimination. In employment cases it is three months less one day from the date of the incident (e.g. refusal of job application), and in service provision cases, it is six months less one day. It is the responsibility of the client to submit their application to the Employment Tribunal or Sheriff Court in time. However, clients will be assisted by GREC in doing this.
On occasions, after investigation, a complaint will be without sufficient evidence to legally substantiate the claim. Additionally, in certain circumstances GREC may be unable to proceed further with a case. The complainant still has the right to proceed with the case on his/her own, however. Where a complainant wishes to proceed on their own, assistance in preparing the case may be provided by GREC, although representation by GREC will not be given.
In all cases involving litigation, there is a risk of costs being awarded against a complainant by the Employment Tribunal. Tribunals rarely award costs, but do so where they consider that a complainant has behaved vexatiously, frivolously, or unreasonably in taking forward their case. GREC will advise a complainant if there is a likelihood of costs being awarded but cannot be held liable in the event that a costs award is made by the Employment Tribunal against the complainant. The Employment Tribunal also has the power to strike out what it defines as 'weak' cases, at any time in the proceedings.
Media contact with newspapers, journals, radio etc is strongly discouraged by GREC until after a case is concluded, unless previously agreed with GREC. This requirement is necessary in order to prevent accusations of defamation arising from statements given to the media.
If a client is unhappy with the service provided by GREC, you can submit a letter of complaint to the Chair of the Executive Committee, GREC, 168 Market Street, Aberdeen, AB11 5PP. The complaint will be recorded and investigated immediately, in strictest confidence and with impartiality. The client will be informed of how the complaint will be investigated, and by whom, within one working week of receipt of the complaint. GREC is committed to taking remedial action if appropriate, including a review of service and procedures as a result of the complaint. Clients also have ultimate recourse to the Commission for Racial Equality (CRE) Ombudsman.
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CONTACT
For more information please contact: Mr. Ron Falconer, Tel: 01224 576799 or Email: rfalconer@grec.co.uk
DOWNLOAD THE LEAFLET
Click here to download a copy of the Casework Leaflet as a PDF.
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