Andrew Parascandolo
Employment Solicitor
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Phone: 01423 564551
Email: ap@powell-eddison.co.uk
Discrimination Claims
What is Discrimination?
Discrimination is a sensitive and complex area of Employment Law. If you have suffered discrimination in the workplace it can be extremely upsetting and stressful. Our experts have represented many individuals in the past in such claims, so they fully understand how difficult and stressful it is.
We are very experienced in handling the many difficult factual and legal issues that these cases present, supporting our clients in such situations and we always work hard to protect our clients rights at all times.
If you believe you have been discriminated against, our team can provide you with support.
Discrimination cases can be based on the following grounds (protected characteristics):
Victimisation
If you think you have been discriminated against at work, you may be able to claim compensation from your employer through the Employment Tribunal.
Time Limits
If you do wish to make a claim for discrimination, there is a strict three-month minus one day time limit in which to do so. The time limit runs from the last act or acts of discrimination.
It is always a good idea to keep a written record of any acts of discrimination, so that if and when you do make a claim, you have accurate information to work from.
Discrimination claims can be related to other types of employment claims. So, for example,
the disclimination may be related to unpaid wages, or unfair dismissal. Because of this, discrimination claims can be very complicated. There can be more than one time limit running within the same claim.
Unlike most other types of employment claim, there is no minimum length of service required in order to bring a claim of discrimination. So, if you think your employer is discriminating against you, it is always a good idea to take legal advice.
Types of Discrimination
There are four types of unlawful discrimination:
01. Direct Discrimination
Direct discrimination means that you have been discriminated against on the grounds of gender, being married or having a civil partner, race, religion or belief, sexual orientation, age, disability, gender reassignment, pregnancy or maternity.
To be successful in a claim for direct discrimination, you must be able to show that:
There was less favourable treatment on the grounds of gender, being married or having a civil partner, race, religion or belief, sexual orientation, age, disability, gender reassignment, pregnancy or maternity.
The treatment you received was different to the treatment of others. It is not enough to be simply unfairly treated - you have to show that the treatment was a direct result of protected characteristics noted above.
It is also useful (though not essential) to have a real-life comparator.
02. Indirect Discrimination
Indirect discrimination means your employer has applied a provision or practice which puts you at a disadvantage compared to others and this has been applied to you because of the protected characteristic such as your race, sex, age, disability etc.
Please note that if your employer can show that the provision or practice was justified by showing that it is a proportionate means of achieving a legitimate aim then it will not be unlawful.
03. Harassment
In order to be successful in a claim of harassment, an employee must prove that:
They have been subjected to an unwanted conduct because of one of the protected characteristics and
The conduct has the purpose or effect of violating their dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
It is important to show that the conduct is unwanted. Perpetrators of harassment often point to the complainant's conduct in either failing to make known the conduct was unwanted or accepting it, to argue that the conduct was wanted. Tribunals determine this issue by deciding whether it believes that the perpetrator should have known the behaviour would be unwanted either because of the risk that it would offend was obvious or the victim made it clear.
04. Victimisation
The purpose of the victimisation provisions is to protect employees who have taken steps to exercise their statutory rights to bring proceedings against the employer, give evidence or information in connection with proceedings, make an allegation that an employer or another person has broken the Equality Act 2010. For example, an employee who risks dismissal by stating that she intends to bring a sex discrimination claim. Without such protection, employees might otherwise be reluctant to come forward with complaints for fear of reprisals.
