Discrimination at Work
Expert legal help when you’re treated unfairly at work
Solicitors to protect you against discrimination
Discrimination law exists to protect all employees from discrimination in the workplace. From recruitment to promotions and dismissals, you’re entitled to dignity and fair treatment.
If you’re suffering discrimination at work, our employment law solicitors can help. We have a lot of experience helping people protect themselves from their employer.
What is discrimination at work?
The Equality Act 2010 sets out nine ‘protected characteristics’.
This means it is against the law to discriminate against someone because of:
- Age
- Sex
- Disability
- Race, including colour, nationality, ethnic or national origin
- Religion or belief
- Sexual Orientation
- Pregnancy or maternity
- Gender Reassignment
- Marriage and civil partnership
Types of discrimination at work
There are various types of discrimination that can take place in the workplace, including:
1. Direct Discrimination
This is when an employer treats one employee less favourably than others because of a protected characteristic.
For example: A man and woman start the same job on the same day. Both have the same qualifications, skills and experience.
Yet, the man’s salary is £10,000 more than the woman’s.
The woman could allege that her lower salary is an act of sex discrimination.
2. Indirect Discrimination
This happens when an employer puts a policy in place that applies to all employees. However, it leaves those with a protected characteristic at a disadvantage.
For example: If an employer has a policy that all employees must be clean shaven. This would affect those who don’t shave for religious reasons.
3. Discrimination by Association
This is when an employer treats an employee less favourably because of their association with someone with a protected characteristic.
For example: Not employing a mother because she has a disabled child.
If she believes she wasn’t offered the job because of her disabled child, she could file a tribunal claim.
4. Harassment
Harassment is unwanted behaviour linked to a protected characteristic. It violates a person’s dignity or creates an uncomfortable environment to work in.
For example: An employer or another employee making unwanted, sexual comments or advances.
5. Victimisation
Victimisation happens when an employer:
- Treats an employee unfairly, or
- Dismisses them
Because they made a complaint about discrimination or harassment.
What evidence do I need to prove discrimination?
Evidence can be documents, witness statements or your own description of what happened. The more evidence you can provide, the better chance we have of making a case.
Documents
If you have any;
- Emails
- Letters
- Voicemails
- Text messages, or
- Social media posts
That support your claim, print them out if you can. Or take pictures or screenshots.
Witness Statements
If a colleague or someone else witnessed what happened, ask them what they saw.
Should their recollection support your complaint, ask if they’re happy for you to give their details.
Your Own Version of Events
Sometimes discrimination occurs during a conversation or meeting without witnesses or documents.
Your notes on when it happened, who was involved and what they did can be enough evidence.
How long do I have to claim for discrimination?
The Equality Act 2010 sets out strict time limits for bringing about a claim for harassment.
An employee must make a claim within three months less one day of the alleged conduct taking place. This is known as the limitation date.
How Rothera Bray can help with discrimination
Suffering discrimination at work can be a stressful, often frightening experience.
Our specialist solicitors have helped many individuals bring about workplace discrimination claims.
We can;
- Give advice on your rights and the proper process of making a complaint to your employer
- Negotiate and liaise with your employer to settle your claim
- Draft and initiate legal proceedings and represent you in court
- If you wish to leave your employer, we can negotiate a severance package
Everyone deserves fair and legal representation. As a result, we have acted for a number of professionals across a range of different industries and sectors. Whether you are an employee, senior executive, partner or director, we are happy to offer fair and legal advice.
In most cases, it is preferable to reach a solution with your employer through negotiation. However, if this is not feasible, we have significant experience in taking cases to court or tribunals.
You may choose to resolve your employment issues independently or through alternative dispute resolution, such as through employment tribunal claims. This can be a more cost effective method. Should you choose to take this route, our employment law solicitors are happy to provide advice and guidance.
We’ll help you understand your rights, negotiate with your employer and represent you at tribunal.
