Discrimination in the Workplace
Discrimination claims in the workplace can have serious financial and reputational consequences for businesses. If an employee successfully proves discrimination in an employment tribunal, then the tribunal has the power to make an unlimited award of compensation. Beyond the financial impact, the negative publicity surrounding such claims can significantly damage a company’s reputation, potentially affecting its brand and customer trust.
Our experienced employment solicitors can advise you accurately upon the law and provide experience and guidance, when you are faced with an allegation of discrimination.
What is discrimination in the workplace?
Workplace discrimination occurs when an individual is treated unfairly or unfavourably due to specific characteristics. It can take several forms, including:
- Direct Discrimination: When someone is treated differently or unfairly because of their characteristics.
- Indirect Discrimination: When policies, rules, or practices put individuals with protected characteristics at a disadvantage.
- Harassment: Unwelcome behaviour that undermines a person’s dignity or creates a hostile work environment.
- Victimisation: Unfair treatment of someone because they have made a complaint or supported a claim of discrimination.
- Failure to make reasonable adjustments: this can apply to disabled workers.
Discrimination law covers all areas of employment, from job adverts and the recruitment process to conduct during employment, work social events and even job references. Employees and those applying for a position are protected from discrimination from day one.
What are the 9 characteristics of the Equality Act?
Under the Equality Act 2010, it is unlawful for employers to discriminate against current or prospective employees because of nine ‘protected characteristics’, as follows:
- Age
- Disability
- Gender Reassignment
- Marriage and Civil Partnership
- Pregnancy and Maternity
- Race
- Religion of Belief
- Sex
- Sexual Orientation
How do you respond to discrimination allegations?
Discrimination laws can be complex and dealing with a discrimination claim is likely to be extremely stressful.
When addressing discrimination allegations, it is essential to remain calm, professional and factual. Promptly seek legal advice and provide a clear, objective response that denies the allegations while explaining your actions based on impartial criteria rather than personal biases.
How do you ensure equal opportunities in the workplace?
All employers should have an up-to-date equal opportunities policy. Such policy will encourage fairness at work and help prevent acts of discrimination. It can also act as a part of any defence to any tribunal claim.
How we can support you
At Taylor Bracewell, we regularly advise a variety of employers to ensure that they comply with their obligations under the Equality Act. This can include drafting equal opportunities policies, providing training to managers and employees or dealing with specific issues such as reasonable adjustments for disabled employees. We can also represent you if you are faced with an employment tribunal claim.
It is important to seek advice without delay. As an employee, you have only three months, less than one day, from the date of the unlawful act (or omission) to take steps to bring a claim.
For further advice on this or any other employment law issue, contact our Doncaster solicitors on 01302 341414 or our Sheffield solicitors on 0114 272 1884.
Our employment solicitors can also advise you on any of the following issues:
