If you have been discriminated against at work, it can be deeply upsetting and you may want compensation for the discrimination you have experienced. If you are an employer facing a discrimination claim it can be hard to understand how best to defend yourself.Contact our employment team
Our Employment Law Solicitors and Barristers have substantial experience and expertise in representing both employers and individual employees in workplace discrimination claims. We will help you understand your legal responsibilities as an employer and your legal rights as an employee and advise you on your legal remedies.
Discrimination claims are notoriously complex and can be direct or indirect or for a reason associated with a disability, which is why Employment Solicitors always recommend that you seek expert legal advice as soon as discrimination within the workplace is raised.
Initial Telephone Discussion
An employee can face workplace discrimination if they have what is referred to in law as a ‘protected characteristic’ and they have been the subject of workplace discrimination because of their characteristic. The protected characteristics are:
- Being married or in a civil partnership
- Gender reassignment
- Pregnancy or maternity leave
- Race, including colour, nationality and ethnic or national origin
- Religion or belief
- Sex or gender
- Sexual orientation
Discrimination covers all areas of employment, including:
- Employment terms including pay and benefits package
- Redundancy and dismissal
Discrimination can occur because of the actions of senior management, line managers or work colleagues. To bring a discrimination claim an employee does not need to prove that the employer was at fault although robust anti-discrimination policies should provide an open door to report discrimination and achieve a resolution. For example, senior management might not have been aware that an employee was being discriminated against by their line manager because of the employee’s sexual orientation or other protected characteristics.
As Discrimination Law specialists we can advise on employer HR policies to minimise the risk of successful discrimination claims and can robustly represent discrimination claimants and employers in Employment Tribunal proceedings.
Disabled employees have the same Employment Law rights as non-disabled employees. In addition, an employer is legally obliged to make reasonable adjustments to assist disabled workers. Reasonable adjustments can be requested, for example, to help with job applications and interviews as well as workplace adjustments to assist disabled employees in their day-to-day work.
A common area of dispute between employer and employee is whether an employer has followed their disability at work policy and procedure and whether the requested adjustment is ‘reasonable’ or not. The reasonableness of an adjustment has to be considered on a case-by-case basis. Carers responsible for a disabled person can also seek adjustments to accommodate this.
Our team of Employment Solicitors are empathetic to the needs of the employer and disabled employee. We provide clear objective legal advice and will assist you to pursue or defend an Employment Law claim.
Not all discrimination claims end up at an Employment Tribunal. If consulted early, we will advise you on how to minimise the risks of a claim or avoid it altogether. We can advise you about Conciliation options. If necessary, we can provide Employment Tribunal representation, advising you on the grounds for a claim, potential outcomes and the timescales involved, so you can make informed decisions about your claim or defence.
Our Employment Law Solicitors and Barristers recognise that discrimination claims provoke strong feelings and can be life-changing experiences for a victim of discrimination or, if findings are made by an Employment Tribunal, result in significant financial consequences and reputational damage for an employer. That is why our Employment Law Solicitors and Barristers are experts in their field so you receive specialist help and guidance from the outset of the discrimination complaint to the conclusion of Employment Tribunal proceedings.
Where possible we will offer a fixed fee, so you will know what the costs are from the start. For more complex or uncertain projects, we will provide you with an estimate of the likely fees involved and keep you updated throughout the matter.
How to get in contact
Our Employment Law Solicitors are on hand to provide expert advice and assist you wherever you are based. Please call us for a no-obligation, initial discussion on 01256 460830 or email [email protected].
Our offices are based in Basingstoke and we assist clients across the country.
We aim to keep legal jargon to a minimum and guide you through the process in a manner that is easy to understand.
Our highly-skilled solicitors offer tailored, strategic solutions to even the most complex matters, ensuring you receive the guidance and support you need.
We will be by your side throughout every stage of the process and will provide you with regular updates and advice along the way.
We communicate thoroughly with you from the outset to ensure that we fully understand your individual needs. This allows us to accurately quote for your matter leaving you without any unexpected surprises and fees further down the line.
We provide our clients with a concise and transparent breakdown of costs from the outset of the matter and throughout any subsequent stages. This enables you to build faith and trust in us early on to form a lasting relationship.
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