Supportive Workplace Discrimination Solicitors
To get the support you need, call 0151 236 8871 or book a call with our legal experts.
Whereas once the only types of discrimination claim that employees could bring were in the categories of sex or race discrimination, there are now several other types of discrimination that can give rise to a claim.
In addition to the two types of discrimination already mentioned, employees are protected against disability discrimination, discrimination on the grounds of religion, belief or sexual orientation, as well as age discrimination. It is also unlawful for an employer to discriminate against an employee on the grounds of part-time status or because they are employed on a fixed-term contract.
What counts as workplace discrimination
Whereas once the only types of discrimination claim that employees could bring were in the categories of sex or race discrimination, there are now several other types of discrimination that can give rise to a claim.
In addition to the two types of discrimination already mentioned, employees are protected against disability discrimination, discrimination on the grounds of religion, belief or sexual orientation, as well as age discrimination. It is also unlawful for an employer to discriminate against an employee on the grounds of part time status or because they are employed on a fixed term contract.
What is the deadline for bringing a claim?
The first thing to be clear on is the deadline for bringing a claim. It is very easy to miss a deadline, as unlike dismissal claims, the employment relationship may be on-going while the clock is ticking on the discrimination claim.
This is why it is all the more important that employees who believe they are being discriminated against on prohibited grounds obtain specialist legal advice at the outset. Too often we find people come to us for advice only when their previous adviser has already missed the deadline. Although this can lead to a claim against the previous adviser, it is far from satisfactory for the employee.
Claims for discrimination are not capped at a set figure and so they can sometimes be far greater financially.
How to prove discrimination in the workplace?
This will depend upon the type of discrimination that is being relied upon. For example, the test applied by a tribunal to establish whether direct discrimination has occurred with be very different from how it will establish whether an employer has failed to make reasonable adjustments.
To find out more or to speak to someone, call 0151 236 8871, email info@morecrofts.co.uk or use our contact form.
What is indirect discrimination in the workplace?
Indirect discrimination under section 19 of the Equality Act 2010 occurs where an employer applies a provision, criterion or practice (PCP) more widely to its staff, including to the claimant, but where the PCP impacts substantially upon the claimant to their detriment in comparison to how it impacts other people not sharing the claimant’s protected characteristic (e.g. race, sex, disability, age, etc).
What is direct discrimination in the workplace?
Direct discrimination under section 13 of the Equality Act 2010 will occur where, because of a protected characteristic (e.g. race, sex, disability, age, etc), the employer treats the employee less favourably than it treats a comparator who does not share that protected characteristic. The comparator can be an actual person or a hypothetical person, but apart from the protected characteristic, the comparator’s circumstances must be substantially the same as the claimant’s.