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Employment Law for Employees

Discrimination Solicitors for Employees

All employees and candidates for roles are entitled to not be discriminated against because of who they are.

While this goes for any aspect of our character, legally there are nine protected characteristics under the Equality Act 2010 which means that if an employer, potential employer or a colleague discriminates against you based on the following reasons, you could have grounds for an Employment Tribunal claim against them:

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race
  • Religion and belief
  • Sex (gender)
  • Sexual orientation

Discrimination at Work

Discrimination can arise during any stage of your employment, from applying for the role, the job interview, during your probation period, when applying for a promotion or a pay review, accessing training opportunities, redundancy selection or should there be any issues, such as during a disciplinary or grievance hearing.  Discrimination could also be present in your terms and conditions or your employment contract.  

There are several forms of discrimination that you could face as an employee, discrimination at work examples include:

  • Direct discrimination - This form of discrimination is explicit and easily identifiable, as the unfair treatment is directly linked to a specific protected characteristic.
  • Indirect discrimination - Indirect discrimination happens when a seemingly neutral policy or practice disproportionately affects individuals with a particular protected characteristic. Even though the discrimination is not easily identifiable, the indirect impact can still put certain groups at a disadvantage, and it may be unlawful unless justified.
  • Harassment - Harassment involves any unwanted conduct related to a protected characteristic that creates an intimidating, hostile, degrading, humiliating, or offensive environment. This can be demonstrated either verbally, physically, or visually and, aside from the discriminatory element, all employers have a duty to prevent and address harassment.
  • Victimisation - This occurs when an individual is treated unfairly because they have asserted their rights under discrimination legislation, or have supported someone else in doing so, for example, if an employee has filed a complaint, is providing evidence, or is participating in any discrimination proceedings.
  • Vicarious liability - This category covers situations where a colleague is discriminatory against an individual and the employer could liable for their actions.

Discrimination at Work Claims

If you feel you have been the subject of discrimination at work either by your employer, potential employer or a colleague, you could have a discrimination at work claim against them in the Employment Tribunal.  You would need to be certain of the form of discrimination against you, and that there isn't any justifiable reason behind the action that has been taken.  Our Discrimination at Work Solicitors can assist with all of these queries, identifying the grounds of any claim and supporting you throughout from applying to ACAS Early Conciliation, negotiations and in the Employment Tribunal should a settlement not be reached.  Should you be successful in your claim, you could be entitled to receive compensation, for example for injury to feelings or loss of earnings.

There are certain time limits involved in this type of claim, so contacting us at the earliest opportunity is vital.

Contact our Discrimination at Work Solicitors

To discuss your situation with one of our discrimination at work Lawyers from our offices in Andover, Romsey, Salisbury, Totton or Witney, contact us today using the Contact Form, emailing info@parkerbullen.com or using one of the phone numbers below: