discrimination

Suffering a detriment at work?

Sex, race, age, religious discrimination remains within the workplace and this is an area The Associate Law Firm is passionate about. Our solicitors specialise in acting for employees for whom discrimination is an issue and we are particularly strong in the area of sex and race discrimination. The employment team have acted on several high profile discrimination cases.

All of our solicitors are very familiar with the tactics and processes involved in dealing with discrimination and detriments in the workplace and the concealed way in which discrimination is often perpetrated by bullying and harassment. We are able to provide solid and practical advice and assess the value of claims quickly.


Sex Discrimination

The Sex Discrimination Act 1975 makes it unlawful to discriminate against person, on the grounds of their sex. It is discrimination against a person in any circumstances falling within the Act if a person treats another person less favourably on the ground of her sex. That constitutes direct discrimination.

It is also discrimination for a person to apply to another person a requirement or condition which is such that considerably fewer people can comply with it, there is no justification for the requirement or condition and it is to a persons detriment because they cannot comply with it. This amounts to indirect discrimination.

Claims must be brought within 3 months of the alleged less favourable treatment although this time limit may be extended in certain circumstances.


Race Discrimination

Under the Race Relations Act 1976, applicants for employment are protected from discrimination:

• in the arrangements for determining who should be offered employment, which can include advertisements, selection criteria, shortlisting and interviews;
• in the terms on which employment is offered; and
• by refusing or deliberately omitting to offer employment is discrimination against employees.

Those individuals who are already in employment are protected against :-

• discrimination in access to or opportunities for promotion, transfer or training or any other benefits, facilities or services;
• dismissal; and
• being subjected to any other detriment on racially discriminatory grounds including harassment and discrimination on the ground of appearance.
  

Tribunals are aware that it will be rare for there to be direct evidence that an employer has acted unlawfully on grounds of race, and that they may therefore need to draw inferences from all the surrounding circumstances. For example, a tribunal may be inclined to draw inferences of discrimination if the employee can show that they have been treated less favourably than others of a different race, and the employer has been unable to provide a satisfactory explanation for this.

A claim must be brought within 3 months of the alleged discriminatory treatment although this time limit may be extended in certain circumstances.


Disability Discrimination

Under the Disability Discrimination Act 1995, it is unlawful to discriminate against a person who is disabled.

The definition of disability in the legislation focuses on the ability of individuals to perform certain physical and mental functions because of their impairments.

The Act prohibits discrimination in recruitment and during the employment relationship. An employer may be required to make reasonable adjustments to the nature of the work and the working environment to accommodate an employee with a disability.

A person complaining of discrimination on the grounds of disability in the field of employment can make a complaint to an employment tribunal.


Age Discrimination


The 2006 legislation makes age discrimination in the workplace unlawful, whether this is based on old age or youth.

The Employment Equality (Age) Regulations 2006 help ensure that people are no longer denied employment or are harassed because of their age, and in most cases, workers of all ages will have an equal chance of training and promotion. The legislation also provides for the following:

• Employers must make sure that any redundancy policies don't directly discriminate against workers on the grounds of age. They must not discriminate indirectly - for example, by selecting only part-time workers for redundancy, when a large number of these may be older workers. The only exceptions are where an age requirement can be objectively justified.
  
• Employers can only retire employees below 65 where they can show that having a lower retirement age is appropriate and necessary. Whatever the employees age, the Employer must inform the employee in writing, at least six months in advance, of the intended retirement date.
  
• The new regulations remove the upper and lower age limits for the entitlement to statutory redundancy pay. The upper age limit on unfair dismissal claims has also been removed.
  
• The employer will have to pay employees the statutory minimum redundancy payment even if they are under 18 or over 65 (or after normal retirement age if this is lower). This means, if employees meet all the other requirements, they will be entitled to receive redundancy pay whatever their age.