Discrimination against an employee can take many forms from discrimination due to their age, sex or pregnancy, to race or disability discrimination. If an employee is threatening action against you for any type of discrimination, early legal advice can resolve the issue without a costly disputed case.
Each of your employees has a duty to be treated equally when it comes to payment, training or promotions and should only be judged on their ability to perform their job. We can review your current working practices and employment contracts to ensure that you are not falling foul of these discrimination laws and to prevant a claim under The Equal Pay Act 1970 being made against you.
Sexual Discrimination can be direct (treating your employee differently because of their sex, marital status or pregnancy) or indirect (eg height requirements or failing to recruit part-time workers). It can also include harassment, for instance, behaving in an offensive manner towards your employees, or allowing other employees to do so. The other type of discrimination is victimisation which can include treating your staff unfairly for making a complaint about discrimination.
Age discrimination is only permitted in very few circumstances, such as protecting older or younger workers in certain situations, but otherwise discrimination purely on the grounds of your employee's age cannot be justified and may lead to a claim against you for Age Discrimination.
Racial Discrimination is covered by the Race Relations Act of 1976 which says that an employee cannot be discriminated against on account of their:
- nationality or
- ethnic/national origins
If you have discriminated against a member of your staff on any of these grounds it may be unlawful and you could face a claim for compensation. We can investigate the circumstances and advise you of the likely outcome.
The Disability Discrimination Act protects employees from being unlawfully discriminated against purely for a reason related to their disability. This can include all stages of the recruitment process, from interviews to proficiency tests and dismissal or redundancy.
You have a duty to make reasonable adjustments to your employee's workplace, which can include allocating some of their work to other people, allowing them to work flexible hours, providing suitable equipment etc. There are many aspects to consider in relation to reasonable adjustments. If you have any questions or are concerned that you might not be meeting your requirements, we can advise you.
Let Us Help To Protect Your Business?
With all discrimination matters, early intervention from Employment Solicitors acting in your business' interests can save costly and time consuming litigation.
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