Discrimination

Claims for unlawful discrimination usually have no limit of the compensation awarded by the employment tribunal. It is therefore important that legal advice is obtained in this area of law. We are often asked by clients to navigate this complex area of law in order to prevent claims from arising or addressing claims at an early stage and if necessary defending claims for discrimination, harassment or victimisation in the employment tribunal. We support clients every step of the way.

The Equality Act 2010 protects employees, workers together with individuals who are self-employed providing their own employment contract obliges them to form the work personally have the right not to be discriminated against, harassed or victimised.

The following are protected characteristics under the Equality Act 2010:

• Age
• Disability
• Gender reassignment
• Marriage and Civil Partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

Discrimination can be direct or indirect. Other than age discrimination, direct discrimination cannot be objectively justified.

If an individual is disabled by virtue of section 6 of the Equality Act 2010, an employer also has a duty to make reasonable adjustments and the individual has the right not to be treated unfairly because of something arising from disability.

Events before, during and after employment may give rise to a claim of discrimination. A claim can be made against the employer as well as any individual who has subjected the individual to such treatment.

Harassment is defined under the Equality Act 2010 as “any unwanted physical, verbal or nonverbal conduct that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them”. Harassment is discriminatory if it is related to any of protected characteristics above save from Marriage and Civil Partnership and pregnancy and maternity.

Victimisation is also unlawful under the Equality Act 2010. Victimisation occurs where an individual is treated less favourably because they made or supported a complaint to do with a ‘protected characteristic’, or someone thinks they did. An individual should not be subjected to a detriment, discipline or dismissal for complaining about discrimination or harassment in the workplace.

If you require employment advice, then please do not hesitate to contact us by telephone to speak with a solicitor from our employment team, without obligation, or simply fill out our enquiry form and one of our specialist employment lawyers will contact you.

Employment Lawyers

Stephen Eccles

Partner

Charlotte Buck

Senior Associate

Alex Pearce

Senior Associate