Discrimination

Discrimination claims have consistently increased in recent years, becoming more of a concern for employers.

Unlike unfair dismissal claims, there is no minimum length of service qualifying period and no limit on the damages which can be awarded. For that reason, employees not eligible to bring a claim for unfair dismissal might try to bring a discrimination claim, based on facts which are groundless. 

The scope of discrimination law now covers discrimination on the grounds of race, sex, disability, religion and belief, sexual orientation, marital or civil partner status, gender re-assignment and age. 

Claims can be based on direct or indirect discrimination, or harassment. They can relate to events as early as the recruitment process, through poorly worded advertisements, to post-employment damaging references. 

As a starting point, we can assist in having the proper policies and procedures in place. We have a Work and Families Handbook, which outlines the statutory minimum rights and obligations for maternity, paternity, shared parental and adoption leave, together with requests for flexible working and time off for dependents. Helpful forms are included in the appendices. 

Importantly, we also provide a thorough Equal Opportunities Policy, which if adequately put in place, with the appropriate training, can provide employers with a statutory defence to discrimination claims. 

Where matters become disputed, we can provide hands on assistance to deal with any grievances raised or tribunal claims issued.