Workplace Discrimination Solicitors
If you have been facing discrimination at your workplace, we can help you make a claim.
Discrimination laws cover:
- Direct Discrimination
- Indirect Discrimination
- Harassment: Harassment for a reason related to a protected characteristic.
- Victimisation: Victimisation of someone because they have raised or helped someone to raise a complaint of discrimination
Direct Discrimination:
When Someone is treated unfairly because of a protected characteristic.
Some of them are:
- Discrimination by Age
- Gender Discrimination,
- Discrimination for Disability
- Race Discrimination
- Discrimination based on Religion.
Indirect Discrimination:
Imposing a provision, criterion or practice (PCP) which particularly disadvantages a group of people with a protected characteristic and the individual concerned is known as Indirect Discrimination. This form of discrimination can be defended if the PCP can be objectively justified. By this, the legislation means it is a proportional means of achieving a legitimate aim.
Discrimination by Age:
Age discrimination can be legal in certain circumstances, it is allowed where it can be objectively justified e.g., higher levels of physical fitness and therefore job requirements can not be fulfilled by an older person.
Discrimination for Disability:
A disability may be physical or mental – employees can be covered even if they don’t consider themselves disabled. Under the Equality Act 2010, disability discrimination is when a disabled person is disadvantaged and treated less favourably due to their disability, the EA projects in areas such as direct/indirect, failure to make reasonable adjustments, harassment, victimisation, dismissal and redundancy, terms of employment including pay.
What is the Equality Act 2010?
EA 2010 is a legalization that legally protects people from discrimination in the workplace and wider society. It provides information on unlawful ways to avoid not mistreating someone. EA 2010 provides information on the protected characteristics that people may face discrimination over e.g. age, disability, gender, marriage, race, religion, sex, and sexual orientation. The EA 2010 ensures public bodies and workplaces consider decisions and implemented policies correctly.
Is there a time limit to making an employment discrimination claim?
At work, 3 months less 1 day. However, it can be difficult to pinpoint discrimination in the workplace as it can be an isolated incident or ongoing.
If the incidents are isolated, the time limit runs from that incident date. However, if it is continuing then it may be up to the courts to determine if the claim is justified to lodge.
How much compensation for employment discrimination compensation?
The tribunal considers:
Financial loss – money lost due to discrimination
Personal injury damages – physical or mental health problems resulting due to dis.
Aggravated damages – dis. was exceptionally bad
Injury to feelings – this is split into bands depending on the severity of discrimination – you must be able to prove your emotional distress.
The above factors when valuing someone’s claim.
The bands (claims issued after 6th April 2022):
£990 – £9,900 – less serious cases or isolated incidents
£9,900 – £29,600 – more serious cases but the top band are not justified
£29,600 – £49,300 – most serious cases
Exceptional cases may exceed £49,300
Interest – payment based on the time between discrimination and compensation received. If the employer does not pay damages within 14 days, additional interest may be recovered.
How to make a discrimination claim?
It is important to first find out about complaints procedure at an organization you wish to complain about e.g. employer, business, or GP Surgery. Your complaint must be registered and if you are unhappy with your response, you can seek further advice from a law firm on the next best steps.
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