57:  Pre-court action letter to businesses refusing nhs covid pass exemption 

As the new trial SARS-CoV-2 (Covid 19) vaccination is being given around the world, some people for whatever reason are unable to be vaccinated.  Vaccination is NOT MANDATORY and as such cannot be used to discriminate between the vaccinated and unvaccinated, but sadly is discriminating the unvaccinated due to the NHS Covid Pass whose design was to record the efficacy of the vaccine and not as a passport to amenities, facilities and services.  NO Business can discriminate against you for not being vaccinated and neither can they use blanket bans on the NHS Covid pass as they can on the Mask exemption card which is a form of dress, whereas the Covid pass is purely discriminatory on disability.  Should you be refused entry to any business or service provider i.e. public house, government office, doctors, surgeries, hospitals or airlines, you can use this pre-court letter to claim damages for the discrimination shown against you by refusing you entry based on 'vaccination status'.  Simply use one of the formats below, clearly enter the incident's details, the more detail you give the better (you DO NOT need to give details of your disability) - Send to the company concerned.  You can request any sums between £900 to £9,000 bearing in mind the distress and discrimination shown to you during the incident.  The more severe the discrimination, the higher the amount you can request.  I would urge you to be realistic because a company who is being sued for £7,000 to £9,000 will undoubtedly take the matter to court rather than settle out of court, as they stand a chance of paying out less as deemed by the courts than paying out the high end compensation.  This letter is available in a choice of formats, copy and paste the letter on screen, we offer Microsoft Word Doc, ODT, or PDF (editor required for PDF) and record via tracked post your correspondence to the company.

Copy & paste here:

[Your name] 


Tel: [   ]   

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Date: (Enter Today's Date) 

[Compliance Manager] 

[Service provider’s address]

 Dear Sir / Madam 

Re: Equality Act 2010 Letter Before Claim – Disability Discrimination arising from your company’s reaction to me being exempt from the NHS Covid Pass. 

This is a pre-action letter for disability discrimination. I have protected hidden disabilities and these disabilities have a substantial impact on my life and so I have the protected characteristic of disability as defined in Section 6 of the Equality Act 2010. My condition means I am unable to obtain an NHS Covid Pass due to my disabilities.

 [Outline here more of what happened – include quotes from staff and how it made you feel / any damage to your health – make sure you give dates and times, the location of the incident(s) and, if you know the identity of any perpetrators, also include them here].

 Your attention is drawn to the NHS Government website which references more detailed Guidance you are encouraged to familiarise yourself with: https://www.nhsx.nhs.uk/covid-19-response/using-the-nhs-covid-pass/

I was following the rules when entering your premises. I am entitled to carry a NHS Covid Pass exemption card and/or self exemption to protect my health and well-being. The response of your staff outlined above was, however, outside the rules and, more seriously, unlawful as explained below. As a services provider you must not discriminate against me. 

Section 29 Provision of services, etc. (1) A person (a “service-provider”) concerned with the provision of a service to the public or a section of the public (for payment or not) must not discriminate against a person requiring the service by not providing the person with the service. (2) A service-provider (A) must not, in providing the service, discriminate against a person (B)— (a) as to the terms on which A provides the service to B; (b) by terminating the provision of the service to B; (c) by subjecting B to any other detriment. 

Section 13 (1) A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others. 

Section 15 provides me with extra protection against discrimination arising in consequence of my disability. And there is also a special rule for discrimination cases: if I can prove some of the facts, you will then have to prove there was no discrimination. This is sometimes called ‘shifting the burden of proof’. It is set out in section 136 of the Equality Act 2010: 

Section 136 Burden of proof (1) This section applies to any proceedings relating to a contravention of this Act. (2) If there are facts from which the court could decide, in the absence of any other explanation, that a person (A) contravened the provision concerned, the court must hold that the contravention occurred. (3) But subsection (2) does not apply if A shows that A did not contravene the provision. The disability discrimination you perpetrated against me is covered by the Vento Scale as outlined in the Equality and Human Rights Commission Guidance regarding the value of discrimination claims. You can find it here: https://www.equalityhumanrights.com/sites/default/files/quantification-of-claimsguidance.pdf . 

The Commission indicates the lower band of £900 to £8,600 is for one off cases. However, the lower band was revised to £900 - £9,000 for the financial year we are now in. In considering the level of compensation that applies the Commission states the following, “While the court will assess the award of damages for injury to feelings in an objective way, the perception and the individual reaction of the claimant will be an important factor for the court to consider. The more upsetting the conduct is to the individual, the more seriously the discrimination is likely to be viewed by the court, and the higher the award for injury to feelings. Where a one-off act of discrimination is particularly humiliating or serious and the victim suffers serious consequences as a result, an award in the higher bands could be justified...”. And, “Where the discrimination happens in a public place in front of a number of members of the public, and so is more likely to be considered as humiliating...”. As well as being committed in public, the discrimination committed caused me substantial distress. I therefore seek in accordance with my lawful rights the amount £XXXX to settle this case out of court along with specific information regarding how you will ensure that no further incidents can occur.

 I trust you will take this opportunity to remedy matters. You are reminded that under the Civil Procedure Rules you are required to engage in constructive communication to minimise any possible need for assistance from the County Court. I look forward to hearing from you with proposals for settlement within the next 14 days.

 Yours faithfully,

[your signature]

 [your name]

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