Equal
Status Bill 2000
The Equal Status Bill 2000 was recently signed into effect.
MIJAG is now encouraging all its supporters to write to motor insurance
companies complaining about being discriminated against on the basis of
age. You can write to a company that you have insurance with, one that
quoted you exorbitant prices or one that refused to quote you.
We are currently awaiting the verdict of a test case we submitted to the
Director of Equality Investigations. After the Director rules on this
test case, we will then consider whether there is value in putting in
lots of follow on cases.
If we won one of these cases, it would have major implications for all
young drivers. The Director has the power to recommend compensation up
to £5,000.
Proceedure
for Making a Complaint
- This
is very important. If you feel you have been discriminated against,
you must first write to the insurance company that discriminated against
you within 2 months, letting them know about your complaint
and stating that you intend referring a case to the Director of Equality
Investigations. If you don't do this, your case cannot be investigated.
You can use the sample letter
as a guideline (Feel free to modify the letter to suit your particular
circumstance) or the standard form (ODEI
5) to help you take this step. If you need any help completing
the form, contact the Equality Authority on 1890 245545 (Local Call)
and they will assist you.
- If
you do not receive a reply within one month, or if you are dissatisfied
with the reply received, you can then make a complaint to the Office
of the Director of Equality Investigations. Complaints must be submitted
within 6 months (12 months in exceptional circumstances) of the incident.
You can print out & complete this complaint form ODEI
2.
- The
Office of the Director of Equality Investigations will investigate
or mediate your complaint and where they find in your favour you may
be awarded compensation of up to £5,000.
- Your
complaint form will be copied to the other party. You may be asked
for a submission setting out the facts as to why you feel discriminated
against. This will be copied to the other party and any response received
will be copied to you.
- An
Equality Officer will invite you and the insurance company whom you
allege to have discriminated against you to a joint oral hearing of
your complaint. Both parties will have an opportunity to ask questions
and present supporting evidence in the case. The Equality Officer
may also ask questions. Hearings are held in private.
- After
the hearing, the Equality Officer will issue a legally binding decision
in writing setting out the reasons for that decision.
- If
either you or the respondent thinks the decision is wrong, it can
be appealed to the Circuit Court within 42 days of the date of the
decision. If no appeal is made, any award may be enforced through
the Circuit Court.
The Equal Status Act only cover incidents of discrimination occurring
after 25 October 2000 and which have been notified to the respondent
within 2 months. The investigation and mediation service is a free service.
The Director has no power to award costs to either party.
The Office of the Director of Equality Investigations provides information
on the Equal Status Act and on the procedures followed in dealing with
complaints. However, as the Office must remain impartial, it may not
give advice in relation to any particular complaint. For advice on a
case, you can contact the Equality Authority, 2 Clonmel Street, Dublin
2 (tel: 01– 417 3333 or LoCall No 1890-24 55 45), or your solicitor,
trade union or support group.
Back
Home
|