57A:  Final letter for pre-court action for discrimination against nhs covid pass exemption

This letter is to be used when the previous letter 57 was used to claim out of court compensation payout for discrimination shown against those businesses that do not accept the NHS Covid Pass exemption.  This letter reminds them to reply and pay the amount requested in the former letter.  Ensure you complete the letter and send via tracked/signed for mail.

Copy & Paste here:

(Your Name)

 [Your address]

 [your email] 

 [your telephone number]  

Date:  (Enter Today's Date)

[Compliance Manager]

  [Service provider’s address]

Dear Sir / Madam  

 Re: Equality Act 2010 Reminder Before Claim – Disability Discrimination arising from your company’s refusal to accept my NHS Covid Pass Exemption.

 Further to my letter dated (date letter was sent) in which the actions of your company staff discriminated against my hidden disabilities and exemption due to my inability to obtain an NHS Covid Pass due to disability. Following my letter to your company (Enter here any details that was sent in reply or if no reply mention it here)  Your company's actions were perpetrated in a prejudicial and discriminating manner by refusing me access and service in your establishment due to my hidden disabilities and is guilty of breaching Section 6 of the Equality Act 2010 by refusing to serve me in your premises due to my disability and therefore unable to carry a NHS Covid Pass  as per my legal rights to exemption and for which the incident has caused me untold stress and trauma as a result of the incident. 

 I have requested the amount of (£amount here) as per my rights on breach of the Equality Act 2010 which is UK law and I would like to remind you, includes the following: 

" As a service provider you must not discriminate against me.  See Exemption at: (https://www.nhsx.nhs.uk/covid-19-response/using-the-nhs-covid-pass/ 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. Additionally, under 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’.  

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 .

 In the role of service provider your company is now liable to pay compensation as requested in my previous letter and would urge you to make a full settlement within the next seven days to avoid County Court proceedings.

I look forward to hearing from you with proposals for settlement within the next seven days.  I wish to remind you that this is the final letter prior to my instigating legal proceedings being made and would urge you to take legal advice prior to my initiating court proceedings against your company which would significantly affect your reputation.

 Yours faithfully,

[your signature] 

[your name]  

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