EMPLOYMENT DISCRIMINATION SOLICITORS
We have an expert team of discrimination lawyers, find out if you have a claim today!
Your employer is vicariously liable for the discriminatory acts of its employees.
It is an awful situation when you are on the receiving end of such behaviour. Discrimination can occur on the grounds of age, disability, gender reassignment, marital status (including civil partnerships), pregnancy and maternity, race, religion or belief, sex or sexual orientation.
EXAMPLES OF UNLAWFUL DISCRIMINATION
- Age Discrimination: A worker who is over the age of 55 is selected for redundancy in place of someone much younger who has less ability and experience.
- Unequal Pay: Typically this occurs when male and female employees are doing the same job, but the female is being paid less.
- Unfair Rules: Such as not allowing an individual who is religious to pray or wear a symbol in support of their faith.
- Maternity Discrimination: Where a women is treated unfairly because she is pregnant or returns back to work as a mother to find that her employer is treating her unfairly.
What is Discrimination?
Discrimination happens when one employee makes stereotypical assumptions against another employee who has one of the protected characteristics outlined above. The fact that it may not have been intentional does not matter.
If you have been discriminated above, you can be awarded huge sums.
Discrimination is dealt with by the Equality Act 2010. There are various types of discrimination including:-
- Direct discrimination
- Indirect discrimination
- Instructing, causing, inducing and helping discrimination
Types of discrimination can include all of the below:
Direct discrimination occurs where someone is treated unfairly because of a protected characteristic. For example a female is not given a promotion as they are a woman and the position goes to a male who is less qualified.
Indirect discrimination is concerned with acts, decisions or policies (broadly speaking) which are not intended to treat anyone less favourably. In practice however, they have the effect of disadvantaging a group of people with a particular protected characteristic.
Where such an action disadvantages an individual with that characteristic, it will amount to indirect discrimination unless it can be objectively justified.
An example may be an employer introduces a new dress code. They prohibit cornrow hairstyles. This could amount to indirect discrimination because it is more likely that this type of hairstyle will be worn by certain racial groups.
Harassment occurs when a person acts towards you in a way which is intended to cause you distress or alarm. The Protection from Harassment Act 1997 was introduced to help people who were being stalked, to sue the aggressor.
Such behaviour must happen on more than one occasion. It can be the same type of behaviour or different types of behaviour.
Case law has since extended that protection to employees suffering from bullying and harassment in the workplace. A claim for harassment within the workplace, must be made in the civil courts and not through an employment tribunal.
The benefit of making a claim under the Protection from Harassment Act 1997 is that you have six years to bring it.
You can also recover damages for anxiety and financial loss, without having suffered a physical personal injury.
If you succeed, you are generally entitled to recover your costs from the losing party.
Victimisation provisions protect employees who do (or might do) protected acts such as bringing discrimination claims, complaining about harassment, or becoming involved in another employee’s discrimination complaint.
Victimisation is usually alleged to have been committed by an employer that is already the subject of a discrimination complaint by a current or former employee.
INSTRUCTING, CAUSING OR INDUCING
The Equality Act 2010 also expressly makes it unlawful to instruct, cause, induce or help someone to discriminate against, harass or victimise another person, or to attempt to do so
In determining awards, tribunals must take account of any provisions of the ACAS Code of Practice on Disciplinary and Grievance Procedures .
The tribunal has the authority to increase or reduce an award by up to 25% where an employer or employee has unreasonably failed to comply with the ACAS Code of Practice.
How can we help you?
It is unlawful for your employer to discriminate against you. Let us help you put things right.
Initially we would need to explain how you go about filing a grievance with your employer. To do that you would need to ask for the grievance procedure. We can guide you.
If for whatever reason you are unable to resolve matter in a fair way, then we can help commence proceedings for constructive dismissal.
Make a FREE initial Employment Discrimination enquiry
All initial enquiries are completely free of charge, so please do not hesitate to call us. We can provide a number of funding solutions including a fixed fee quotation and payment by instalments.
Review By: Sharon H
Kumari Hart Solicitors provided excellent customer service from the beginning and I was kept well informed, by e-mail and phone calls. Professional advice was given, and I would highly recommend Kumari Hart Solicitors who were approachable and totally understood the stress of my work-related claim. Would highly recommend.
Review By: Helen C
Amazing service. They were really compassionate and understanding of my circumstances. We were able to arrange a quick meeting outside of normal working hours in order to accommodate my current working pattern. All the details and work were thoroughly explained to me so that I could understand the consequences and outcomes. I would definitely recommend to anyone needing any advice.
Review By: Louise H
Outstanding service. Kumari Hart Solicitors provided excellent customer service from the beginning and I was kept well informed, by email and phone calls. Professional advice was given, and I would highly recommend Kumari Hart Solicitors, in particular Anu Hart, who was approachable and totally understood the stress of my work-related claim. Would highly recommend.
Review By: Allan A
5* Service from Kumari Hart
Anu was absolutely fantastic! She was very empathetic and understanding of my situation and was able to advise me on the best way to proceed and handle everything. I highly recommend Kumari Hart for anyone who is experiencing any employment difficulties.
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