Discrimination Claims

What is discrimination in the workplace?

The law protects employees against discrimination under the Equality Act 2010.  If you believe you have been discriminated against and you’re unable to resolve the issue with your employer, you may be able to present a claim at the Employment Tribunal to remedy the discriminatory conduct.

What are protected characteristics?

An employee can be subject to discrimination if it relates to a protected characteristic.

Protected characteristics are: -

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

What is direct discrimination?

Direct discrimination is less favourable treatment to which an employee is subject because of a protected characteristic. Examples of direct discrimination include dismissing someone, deciding not to employ them, denying them a promotion or giving them adverse terms and conditions because of a protected characteristic. There is no justification or defence to direct discrimination except for direct age discrimination.

What is indirect discrimination?

Indirect discrimination occurs when an employer’s practices, policies or procedures have the effect of disadvantaging employees who share certain protected characteristics.

Indirect discrimination may not be unlawful if an employer can show that there is an 'objective justification' for it.

What is victimisation?

It is unlawful to subject a worker to a detriment because they have carried out a protected act i.e. complained about discrimination in some way. 

What is harassment?

Harassment is unwanted behaviour which an employee finds offensive or which makes them feel intimidated or humiliated.  It can happen on its own or with other forms of discrimination.  Unwanted behaviour could be:

• Spoken/written words or abuse
• Offensive emails or social media posts
• Physical gestures or facial expressions
• Jokes

An employee does not need to have previously objected to something for it to be unwanted. Harassment becomes unlawful discrimination if it relates to one or more of the following protected characteristics:

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

Are there any eligibility criteria in presenting a discrimination claim?

Unlike claims for unfair dismissal and constructive dismissal, there is no requisite length of service which a worker must have in order to gain protection from discrimination under the Equality Act 2010. 

How long does an employee have to present a claim for discrimination?

Generally, a claim for discrimination must be presented to an Employment Tribunal within three months less a day of the last incident occurring. 

How can I fund a discrimination claim?

If you pay us privately for the time we spend on the claim, we will give you a cost estimate at the start of the case which we will update as the case proceeds.  We can also agree a fixed fee for each stage of the work if this is appropriate. You might have legal expenses insurance which will cover our costs (your home and car insurance policies may include legal cover). In some circumstances we can act on a No Win No Fee* basis.

For more information, or to discuss your case, please contact our employment law specialists in Halifax, Maureen Cawthorn or James Hodgson on 01422 339600.