Discrimination

Employment law, Newbury, Berkshire.

Unlawful Discrimination

This a significant problem for businesses. Accusations alone can have severe economic consequences due to its stigma.

Inappropriate reactions based on fear of making mistakes are common. Therefore, seeking timely and experienced advice is crucial. Recognizing and addressing unlawful discrimination is complex and occasionally requires both firmness and sensitivity. Our extensive experience includes handling various forms of discrimination, including a landmark disability discrimination case in 1996 that set a precedent in the Court of Appeal. Discrimination disputes commonly begin with a grievance or disciplinary process and escalate to employment tribunal litigation. We advise on how best to deal with discrimination claims at an early stage and throughout. It can get complicated, for example, where an employee is being disciplined and half way through the disciplinary process, the employee alleges discrimination against her line manager.

Request a call

We Help Companies Avoid Claims

This can mean making sure staff are well trained and supported. Our input can include: 

  • Producing equal opportunities policies for an employer’s staff handbook
  • Drafting disciplinary and grievance policies
  • Putting together an effective complaints process for employees
  • Anti discrimination training for managers
  • Advising on ongoing grievance processes
  • Conducting investigations into allegations of discrimination
  • Working with employers on reasonable adjustments for disabled workers

What is Discrimination?

A person is protected against being treated less favourably than another person based on: 

  • Sex
  • Sexual orientation
  • Marital status
  • Gender reassignment
  • Age
  • Disability
  • Race
  • Religion or belief
  • Pregnancy and maternity

Types of Discrimination

Direct discrimination

The most obvious and typical kind of discrimination. An example of this is when a woman is not recruited for a job because she indicated at the interview that she intended starting a family soon.

Victimisation

This is where someone suffers detrimental treatment because they have made a discrimination complaint or brought a discrimination claim or because they have helped someone else to do so.

Indirect discrimination

Where an organisation has a policy which has a disproportionate impact on a particular group of employees. For example, if an employer has an informal policy that everyone works till 6pm, this could have a disproportionate impact on women with childcare responsibilities.

Failure to make reasonable adjustments

There is a duty on employers to make reasonable adjustments in the workplace for disabled employees.

Harassment

Harassment is unwanted conduct which is related to a protected characteristic which has the purpose or effect of either violating someone’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. This could include sexual or anti-gay “banter”.

Recent Work

Acting for a GP

Acting for a GP practice accused of age discrimination (as well as unfair dismissal and whistleblowing). At the end of a 2 week trial, our client was completely exonerated and was even awarded their costs against the employee.

Acting for a large company

Acting for a large company with sites all over the country replacing tyres, when one tyre fitter accused others of race discrimination. The accusations included particularly offensive language and although it was accepted that the particular words were used, this was not deemed to be discrimination.

Contact Julie Taylor

Contact Us Today!

If you are looking for employment law advice for individual we can help. We will respond quickly to all enquiries.

Contact us

Simon knows his subject of U.K. Employment Law very well and has a pleasant and clear manner. His input regarding a very difficult period of Economic downturn and staff retrenchment was a ma…

Peter R. Riddoch
C.E.O.