Discrimination at Work Claims

Workplace discrimination is an unlawful act. If you have suffered discrimination at work in some form you may be entitled to compensation. Here is what you need to know.

The Legislation

Discrimination in any form should not be tolerated in the workplace. Unfortunately, many people are still subjected to discriminatory treatment at work.

Discrimination - Legal Rights
The law prohibits discrimination because of:
AgeMarital Status, including being in a civil partnership
DisabilityRace (including colour, nationality, ethnic or national origin)
Gender re-assignment, i.e. becoming or being a transsexual personReligion/belief or lack of religion/belief
Pregnancy and/or Materntiy Sexual orientation
Sex/Gender

These are known as 'Protected Characteristics'. Being treated less favourably than your colleagues because of a protected characteristic is unlawful and can produce many adverse effects including diminished performance, low morale, ill-health, and absence from work.

What Types of Treatment are Prohibited in Law?

The following types of treatment are prohibited by law:

  • Direct Discrimination – being treated less favourably because of a protected characteristic
  • Indirect Discrimination – a 'provision, criterion or practice' that applies to all, but which disadvantages employees over others for reasons relating to a protected characteristic
  • Victimisation – the detrimental treatment of an employee who has done a ‘protected act’, e.g. complained about discrimination.
  • Failure to Make Reasonable Adjustments – an employer’s failure to take positive steps to remove the disadvantage facing disabled employees
  • Harassment – behaviour, related to a protected characteristic, which is threatening, distressing or humiliating

What Are the Time Limits?

A discrimination claim must be lodged within 3 months of when the alleged discriminatory act (or last in a series of discriminatory acts) took place.

It can be difficult to determine exactly when the discrimination arose, but in all cases, it is important not to delay in obtaining expert advice on time limits and, of course, on the merits of any claim.

Costs

Government changes to funding for legal support have made it harder for individuals affected by discrimination to obtain redress through Employment Tribunals and you may believe that pursuing a discrimination claim is not an affordable option.

With this in mind, the Employment Law experts at Simpson Millar have designed a service that gives you access to our specialist team alongside affordable funding options.

Obtaining initial advice on your potential claim can also prove costly with solicitors' fees differing from firm to firm. Simpson Millar caters to those who need employment law advice on tricky issues such as discrimination and harassment at a cost that covers the whole process.

We Offer:

  • A fixed hourly rate for the first hour of advice, followed by a discounted hourly rate thereafter
  • Access to experts at different levels within our team under varying hourly rate options

We remain transparent on our pricing at all times, so do not be afraid to approach us for a cost estimate.

Why choose Simpson Millar?

  • Our nationwide team of experts have considerable experience in Employment law and are recommended in both the Legal 500 and in Chambers & Partners
  • We are regularly instructed in cases that set precedent in the Employment Appeal Tribunal, the Court of Appeal and House of Lords
  • We provide simple, straightforward advice to employees on all elements of employment law

Employment Law Advice

If you need legal advice from an employment law solicitors please give us a call on freephone: 0808 129 3320 or complete our online enquiry form and we will get in touch with you.


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Aneil Balgobin | Partner, Head of Employment Law | Simpson Millar LLP - London & Wimbledon

Aneil Balgobin
Partner, Head of Employment Law

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