Discrimination at Work: Advice for Employees
Employment law provides protection from discrimination at work. If you would like advice on how to pursue a discrimination complaint, whatever your seniority, the size of your employer and whichever sector you work in, we can help.
What is discrimination at work?
Discrimination at work specifically relates to unfair treatment because of one of the following ‘protected characteristics’ set out in the Equality Act 2010 (EQA 2010):
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion and belief
- Sex
- Sexual orientation
Unfair treatment which does not relate to the above cannot be correctly called ‘discrimination’ or ‘harassment’ in employment terms. This does not mean that you will not have potential claims if you are suffering from bullying, a toxic working environment or role erosion, amongst other things, but if this treatment is not linked to a protected characteristic, it will not be classed as discrimination at work and legal advice should be taken on what other potential claims you might have.
In some cases, it will be clear that there has been discrimination by an employer at work, for example if you are told you are fired because you took maternity leave, this is direct pregnancy and maternity discrimination. However, it can sometimes be difficult to assess whether discrimination has taken place at work, for example, if you have been dismissed due to cancer or mental health issues, you may need advice as to whether your condition qualifies as a disability. Disability discrimination claims at work can be particularly technical and so early specialist employment advice is recommended.
There are different types of discrimination at work:
- direct discrimination – where you are treated worse because of a protected characteristic, for example, age discrimination claims where employees are told to retire at a certain age without an objective justification for this;
- indirect discrimination – where a policy applies to everyone but disproportionately disadvantages you due to a protected characteristic;
- harassment at work is a form of unlawful discrimination, where unwanted conduct (physical or non-physical) related to a protected characteristic makes your working environment intimidating, hostile, degrading, humiliating or offensive;
- victimisation occurs when you are treated negatively because you have done a protected act, like complaining about discrimination, assisting someone else with a discrimination claim or alleging that your employer has breached the EQA 2010.
If you have experienced direct or indirect discrimination, harassment at work and/or victimisation we can help you pursue your complaint and receive appropriate compensation.
How can we help you with a discrimination at work complaint?
The first point to make is that there is a three-month minus one day time limit from the date of the discrimination act to bring an Employment Tribunal claim. Therefore, seeking advice or making an ACAS Early Conciliation notification quickly (which in most cases must be done before an Employment Tribunal Claim can be brought) is critical. If the three-month limitation period passes, there is very little room to validly bring a discrimination claim.
If you would like support and advice relating to discrimination at work, which we understand can be a daunting and deeply personal thing to discuss and make a complaint about, we can help with the following:
Supporting with an informal grievance or with the formal grievance process, including drafting grievance and grievance appeal letters for you to send to your employer.
Reviewing your case and advising you on whether you have a disability discrimination claim and any other claims. We can then discuss your options with you so that you can make an informed choice on what to do next.
Negotiating a settlement agreement with your employer on your behalf or assisting in completing this with you if you have already been offered and agree to the terms of a settlement agreement.
Drafting a notification to ACAS that you intend to bring an employment claim, starting the ACAS Early Conciliation process for a discrimination at work claim and any other claims you may have, such as for constructive unfair dismissal or unfair dismissal.
Issuing proceedings and representing you in the Employment Tribunals or Courts against your employer and/or named individuals who have discriminated against you.
If you would like to discuss your treatment at work and take advice on discrimination at work and any other employment claims, we can review your evidence and help you decide whether to raise a grievance, negotiate a settlement, bring an Employment Tribunal claim, or take a combined approach.
Taking early, specialist legal advice is crucial to the success of a discrimination claim or settlement negotiating.
Tribunal Claim or all of these. Taking prompt specialist employment advice if you have suffered discrimination at work is crucial to the success of a discrimination Claim or negotiating a settlement agreement successfully.
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