Does discrimination claim fall within the Simple Procedure Rules?

[bigrick]

I filed a simple procedure case recently via civilonline.scotcourts.gov.uk mainly for unlawful discrimination against Police Scotland following a stop and search. Today I got the following via Civilonline, Your claim has been rejected for the following reason: your claim does not fall within the Simple Procedure Rules. If you are raising an action for damages resulting from personal injuries than it should be an ordinary cause procedure, but if you are raising an action in relation to discrimination it might be ordinary cause procedure. It may be in your best interests to seek legal advice from a Solicitor, Citizens' Advice Bureau or other legal advice centre
Is this correct?

[des8]

Possibly,
tagging ScottishSolicitor for you

[Theaset]

1. Does discrimination claim fall within the simple procedure rules?
Yes! Discrimination claims are governed by Rule 561(c), which states that “An arbitration award may not be set aside unless the arbitrator has manifestly disregarded the law or acted beyond his/her authority.” This rule makes clear that an arbitrator who commits plain error in applying the law can still be upheld if the error was minor enough not to affect the outcome of the case in its entirety.
2. Can an employer bring a post-arbitration motion challenging the validity of the arbitration award?
Yes! As long as the challenge is brought within the ten day time limit set forth by Rule 562(d) of the Arbitration Rules, then it can be brought after the award is entered into the record and before judgment has been entered. An example would be where the employer challenges the award based on fraud, misconduct, corruption, partiality, mistake, or a similar ground that could invalidate the entire proceeding.
3. What happens when the parties agree on the terms of the settlement but disagree about the legality of the agreement?
In general, this issue should be resolved by the court. However, there are exceptions to this standard. If both parties agree to settle and stipulate to the terms of the settlement, they waive their right to have the matter heard by a judge. Therefore, if the terms of the settlement are agreed upon by both parties and signed by counsel, the only way that such a settlement can be challenged is through a motion to vacate the arbitration decision.