Discrimination
Discrimination in the workplace usually occurs when employees are treated differently based upon their sex, race, colour, disability and nationality, ethnic origins or marrital status. This also covers sexual harassment or when employees are paid different rates of pay despite doing similar work because of their sex. Cases of discrimination can be highly complex so it is essential to obtain expert advice at the outset.
There is an increased awareness of the issues involved in racial and sexual harassment and recent years have shown a significant rise in complaints to employment tribunals. If the complaint is serious, tribunals will award high damages. Therefore, it is crucial for employers to take steps to prevent harassment occurring in their work place. We work on every size of case and have the experience and resources to conduct your case wherever you are based. Our specialist team has expertise in claims involving the following :
Age discrimination
The legislation outlaws any treatment which is less favourable on the grounds of age and this applies not only to prevent older employees from being discriminated against, but younger employees as well.
Compensation is unlimited which means that tribunals can make awards based on the actual loss an individual suffers in consequence of discrimination rather than a token sum.
Compensation is unlimited which means that tribunals can make awards based on the actual loss an individual suffers in consequence of discrimination rather than a token sum.
Disability discrimination
The Disability Discrimination Act 1995 protects employees and job applicants and applies to companies or firms of any size.
A disability is defined as a physical or mental impairment which has a substantial and long term effect on the ability to carry out normal day to day activities including impact on mobility, manual dexterity, ability to lift, speech, hearing or sight.
An employer has a duty to make reasonable adjustments to prevent an employee being at a substantial disadvantage because of their disability.
A disability is defined as a physical or mental impairment which has a substantial and long term effect on the ability to carry out normal day to day activities including impact on mobility, manual dexterity, ability to lift, speech, hearing or sight.
An employer has a duty to make reasonable adjustments to prevent an employee being at a substantial disadvantage because of their disability.
Race discrimation
The Race Relations Act 1976 forbids less favourable treatment of individuals on racial grounds at every stage of employment. The Act protects not only individual employees but also individuals working under a contract for services and partners in a partnership.
Direct race discrimination occurs when an employer treats a person less favourably than he would another on racial grounds i.e. race, nationality, colour, ethnic or national origins.
Indirect race discrimination occurs when an employer applies a provision, practice or criterion to the whole workforce but which puts persons race, ethnic or national origin at a disadvantage. However, an employer can argue that the indirect discrimination is justified.
An employer can also be liable for the discriminatory acts of its employees done in the course of their employment whether the employer was made aware of the discrimination or not.
Direct race discrimination occurs when an employer treats a person less favourably than he would another on racial grounds i.e. race, nationality, colour, ethnic or national origins.
Indirect race discrimination occurs when an employer applies a provision, practice or criterion to the whole workforce but which puts persons race, ethnic or national origin at a disadvantage. However, an employer can argue that the indirect discrimination is justified.
An employer can also be liable for the discriminatory acts of its employees done in the course of their employment whether the employer was made aware of the discrimination or not.
Religious discrimination
The Employment Equality (Religion or Belief) Regulations prohibit discrimination in employment on grounds of religion or belief. The Equality Act 2006 extended protection to those with non-religious beliefs.
Less favourable treatment or harassment based on the perception, whether correct or incorrect, of another's religion or belief is also unlawful. This will include discrimination based on that person’s association with others of a particular religion or belief.
An employer can also be liable for the discriminatory acts of its employees done in the course of their employment whether the employer was made aware of the discrimination or not.
Less favourable treatment or harassment based on the perception, whether correct or incorrect, of another's religion or belief is also unlawful. This will include discrimination based on that person’s association with others of a particular religion or belief.
An employer can also be liable for the discriminatory acts of its employees done in the course of their employment whether the employer was made aware of the discrimination or not.
Sex discrimination
Under the Sex Discrimination Act 1975, both men and women can claim direct or indirect discrimination on the grounds of sex or marital status. The Sex Discrimination Act protects employees and job applicants and applies to companies or firms of any size.
Direct sex discrimination occurs when an employer treats an employee less favourably on the basis of gender.
Indirect sex discrimination occurs when an employer applies a policy, provision or practice to the whole workforce but which is such that the proportion of women (or men) that cannot comply is greater than the proportion of men (or women) who can. However, an employer can argue that the indirect discrimination is justified.
An employer can also be liable for the discriminatory acts of its employees done in the course of their employment whether the employer was made aware of the discrimination or not.
Direct sex discrimination occurs when an employer treats an employee less favourably on the basis of gender.
Indirect sex discrimination occurs when an employer applies a policy, provision or practice to the whole workforce but which is such that the proportion of women (or men) that cannot comply is greater than the proportion of men (or women) who can. However, an employer can argue that the indirect discrimination is justified.
An employer can also be liable for the discriminatory acts of its employees done in the course of their employment whether the employer was made aware of the discrimination or not.
Sexual orientation discrimination
The Employment Equality Sexual Orientation Regulations 2003 make it unlawful not only to discriminate on the basis of actual sexual orientation but also perceived sexual orientation. It is therefore unlawful to refuse employment to a man because the employer believes that he may be gay.
The regulations state that it is also unlawful to treat an employee less favourably than a colleague because of his association with another person of a particular sexual orientation.
The regulations state that it is also unlawful to treat an employee less favourably than a colleague because of his association with another person of a particular sexual orientation.
People who come to us are often distressed about what has happened to them. We offer a sympathetic approach coupled with a sensitive understanding of your needs.
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