Equality and Human Rights Commission

A dispute that does not involve the police is referred to as a matter of civil law rather than criminal law. Most disputes about discrimination are civil, rather than criminal, cases. The Equality and Human Rights Commission relates to civil law matters, not to criminal law or criminal offences.

Your human rights apply to the system of civil courts as well as to criminal cases. For example, your right to a fair trial applies to a claim for unpaid wages in a county court or employment tribunal, even though it is not a criminal trial.

Civil law

Most civil cases are about disputes between individuals or organisations.

For example: if a service provider charges a disabled customer for providing a wheelchair, and the customer takes legal action on the grounds of discrimination, the case would be a civil one and would be heard in a county court in England or Wales and the Sheriff Court in Scotland.

Civil cases must be proved on the balance of probabilities – that is, it is more likely than not that the defendant is liable – rather than on the principle of “beyond reasonable doubt” used to decide criminal cases.

Employment issues will often be heard first at a tribunal. Find out more about the tribunal process from the Employment Tribunals Service.

Mediation and conciliation

It is often possible to resolve civil cases through mediation and conciliation, which avoids the delay and possible expense of a court case.

Further information about mediation:

• The Advisory, Conciliation and Arbitration Service (Acas)  provides a wide range of resources to help resolve workplace disputes without going to court.
• Call the National Mediation Helpline on 0845 60 30 809.
• Read an introduction to the judicial system on DirectGov.
• Centre for Effective Dispute Resolution (CEDR).