Discrimination at Work Solicitors

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:

1. Age
2. Sex
3. Disability
4. Race, including colour, nationality, ethnic or national origin
5. Religion or belief
6. Sexual Orientation
7. Pregnancy or maternity
8. Gender Reassignment
9. Marriage and civil partnership

Types of Discrimination at Work

There are various forms types discrimination that can take place in the workplace.

These include;

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.

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.

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.

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.

Victimisation

Victimisation happens when an employer;

1. Treats an employee unfairly, or
2. 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.

You 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

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

Please get in touch with us if you would like to discuss your enquiry in more detail.