Discrimination at Work Solicitors

The Equality Act 2010 sets out nine protected characteristics. They are:

• Age
• Disability
• Gender reassignment
• Marriage or civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

Employees should not be discriminated against for any of the above characteristics – and nor should anyone who is applying to work at your company. Discrimination takes different forms, including direct, indirect, victimisation and harassment. This means that you might not deliberately discriminate against somebody, but may inadvertently do so by implementing a certain policy or procedure.

Examples of workplace discrimination

Examples of discrimination at work include:

Age – not interviewing a particular candidate because they are nearing retirement age.

Disability – failing to make reasonable adjustments for a disabled employee in the workplace.

Gender reassignment – dismissing an employee who is undergoing gender reassignment because of reasonable sick leave.

Marriage or civil partnership – overlooking a married employee for promotion because you think the role would be better suited to a single person.

Pregnancy or maternity – choosing an employee for redundancy because she is pregnant or on maternity leave.

Race – not hiring someone because of their race or because English is not their first language.

Religion or belief – prohibiting headwear such as turbans in the workplace, unless there is a justifiable reason (such as health and safety grounds).

Sex – offering male employees greater pay than female employees, even though they perform the same role.

Sexual orientation – not hiring a particular applicant because he/she is in a same sex relationship.

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Anti-discrimination policies

Your business needs to remain in-line with the law. If a complaint does arise, you should have the necessary procedures in place to allow for an investigation. That way, each party knows what process to follow. This can be incredibly beneficial, often helping to keep the matter out of court.

If the complainant wishes to pursue further legal action, then you could face action at an employment tribunal.

How can we help?

Our employment solicitors deal with all aspects of discrimination in the workplace. We can help you put protective policies in place. These outline what should happen, in the event of a discrimination complaint.

Should a discrimination claim arise, we can get to work immediately. We will assess the merit of the claim and advise whether your business acted unlawfully. We can then outline your options, striving to achieve the best possible outcome. We will support you throughout the process, representing your interests during:

• An informal investigation
• A grievance
• Mediation
• Negotiation
• A hearing at an employment tribunal

We are specialist employment solicitors and act for employers across the country. If you are facing allegations of discrimination at work, we know what to do.