Expert advice is key to understanding and protecting your rights.
It is unlawful for your employer to discriminate against you because of any characteristics protected by the Equality Act 2010 (dealt with further below). If you believe you have been unlawfully discriminated against by your employer or someone who works for your employer, Partners Employment Lawyers can help.
We specialise in workplace discrimination and we use our extensive knowledge and high-quality legal services to get the right results for our clients. If you are concerned about discrimination, please contact us for advice today.
Workplace discrimination: the law
Your employer must not discriminate against you on the basis of any of the protected characteristics set out in the Equality Act 2010. These characteristics are:
- Sex (for example, a business must not offer a male candidate greater benefits than a female candidate for the same post)
- Gender reassignment (for example, a business cannot treat an employee who is absent from work because of gender reassignment any worse than they would another employee who is off due to illness or injury)
- Pregnancy and maternity (for example, a business should not delay the promotion of a female employee because she is on maternity leave)
- Marriage and civil partnership (for example, a business must not refuse to promote a married employee because they believe the nature of the role would be better suited to an unmarried employee)
- Race, including ethnic or national origin, nationality and colour (for example, a business should not refuse to promote an employee on the basis that English is not their first language)
- Disability (for example, a business cannot dismiss a disabled employee simply for taking substantial periods of sick leave, if these periods are due to a disability)
- Sexual orientation (for example, a business must not refuse to hire an employee because they are in a same sex relationship)
- Religion or belief (for example, a policy that it is unlawful to prohibit headwear at work may discriminate against Sikhs who wear turbans for religious reasons)
- Age (for example, choosing not to interview a candidate because their application suggests they are nearing retirement age would be discriminatory)
What should you do if you think you have been discriminated against?
It is a good idea to raise the issue with your employer in the first instance. Your employer has a legal duty to protect you against discrimination at work and to deal with any complaints properly. If an informal approach is unsuccessful or you would rather make your complaint formal, you should consult your employer’s grievance procedure. Our specialist Employment Solicitors can provide expert legal advice and support throughout the grievance process.
Unfortunately, in some cases your employer will fail to put things right even after you have gone through the formal procedure for raising a complaint. If this is the case, and you wish to take the matter further, you may decide to make a claim to an Employment Tribunal. It is important to note that making a claim can be a stressful and time-consuming experience so it is important to consult with a legal professional so you know exactly what lies ahead. You may decide it would be in your best interests to resolve the matter before going to court, by way of a settlement agreement for example.
Key information about Employment Tribunal claims
Employees do not need to have completed a qualifying period of employment to raise a discrimination claim. Furthermore, there is no upper limit on awards. It is also important to be aware that you must make a claim within three months (less one day) of the date of the incident, otherwise your claim will be out of time.
Contact our Workplace Discrimination Lawyers London
Our Employment Lawyers are based in London and work with executives and other senior employees throughout England. We can help clients in all issues relating to workplace discrimination, from advice on how to solve the matter informally to representing you in a Tribunal claim. To discuss your concerns with our highly approachable and professional team, call 0207 374 6546 now or contact us online.