Discrimination against an employee can take many forms. From discrimination due to your age, sex or pregnancy, to race or disability discrimination. If you feel that you are the victim of discrimination, early legal advice can ensure that you are fully aware of your legal rights. Find out more about how we can help you with age, racial and disability discrimination.
Everyone should be treated equally when it comes to payment, training or promotions and should only be judged on their abilities to perform their job. If you believe that you are receiving lower pay purely as a result of your sex, marital status or gender, then you may be able to make a claim under The Equal Pay Act 1970.
Discrimination can be direct (treating you differently because of your 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 you, or allowing employees to do so. The other type of discrimination is victimisation which can include treating you unfairly for making a complaint about discrimination.
Find out how we use our employment law expertise to help support you through your case with out of the box thinking. We're always there to get the best solution for you:
- High Complex Case
We received instructions from Client C to bring a claim against her former employer for constructive dismissal, discrimination and victimisation. The matter was complex in that it involved a number of incidents covering a period of over one year.
The former employer filed a Form ET3 in defence to the proceedings and the matter proceeded to a final Hearing, during which time we continued to represent Client C by dealing with all correspondence with the Employment Tribunal and the Respondent’s solicitors.
We thereafter arranged for Client C to be represented at the Hearing that had been listed for 3 days, to which Client C was successful with his claim and was awarded damages. The barrister’s total fees in advising Client C during a conference, drafting Form ET1, advising throughout the duration of the case as well as representing Client C at the 3 day Hearing amounted to £7,500 plus VAT.
The bill was higher than the medium complex case and simple case for the following reasons:
- Client C had brought a number of claims, including constructive dismissal, discrimination and victimisation.
- Due to the complex nature of Client C’s claim, Client C’s claim had to be fully and carefully particularised within form ET1.
- Client C’s claim was fully defended by the Respondent.
- Client C was represented upon a 3 day Hearing.
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 age cannot be justified.
Racial Discrimination is covered by the Race Relations Act of 1976 which says that you cannot be discriminated against on account of your:
- nationality or
- ethnic/national origins
If you have been discriminated against on any of these grounds it is unlawful and you may be able to make a claim for compensation.
The Disability Discrimination Act protects you from being unlawfully discriminated against purely for a reason related to your disability. This can include all stages of the recruitment process, from interviews to proficiency tests and dismissal or redundancy.
Your employer also has a duty to make reasonable adjustments to your workplace, which can include allocating some of your work to other people, allowing you to work flexible hours, providing suitable equipment for you etc. There are many aspects to consider in relation to reasonable adjustments. If you have any questions or are concerned you are being discriminated against on the basis of your disability, please contact us using the details below.
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