Discrimination - Ask a question

Discrimination - Ask a question

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Discrimination - Precedents

Discrimination - Precedents

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Discrimination - Primer
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Discrimination - Videos

Discrimination - Videos

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Discrimination law

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[spacer size=”20″] [service title=”Race discrimination” icon=”http://www.direct2lawyers.co.uk/wp-content/uploads/2012/08/warning1_48.png” size=”32″]Race discrimination occurs when you’re disadvantaged in the workplace because of or for a reason related to your race

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[/service] [service title=”Sex discrimination” icon=”http://www.direct2lawyers.co.uk/wp-content/uploads/2012/08/warning1_48.png” size=”32″]

Sex discrimination occurs when you’re disadvantaged in the workplace because of or for a reason related to your gender

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[/service] [service title=”Age discrimination” icon=”http://www.direct2lawyers.co.uk/wp-content/uploads/2012/08/warning1_48.png” size=”32″]

Age discrimination occurs when you’re disadvantaged in the workplace because of or for a reason related to your age

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[/service] [service title=”Disability discrimination” icon=”http://www.direct2lawyers.co.uk/wp-content/uploads/2012/08/warning1_48.png” size=”32″]

Disability discrimination occurs when you’re disadvantaged in the workplace because of or for a reason related to your disability

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[/service] [service title=”Religious belief discrimination” icon=”http://www.direct2lawyers.co.uk/wp-content/uploads/2012/08/warning1_48.png” size=”32″]

Religious belief discrimination occurs when you’re disadvantaged in the workplace because of or for a reason related to your religious belief

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[/service] [service title=”Sexual orientation discrimination” icon=”http://www.direct2lawyers.co.uk/wp-content/uploads/2012/08/warning1_48.png” size=”32″]

Sexual orientation discrimination occurs when you’re disadvantaged in the workplace because of or for a reason related to your sexual orientation

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[/service] [service title=”Gender orientation discrimination” icon=”http://www.direct2lawyers.co.uk/wp-content/uploads/2012/08/warning1_48.png” size=”32″]

Gender orientation discrimination occurs when you’re disadvantaged in the workplace because of or for a reason related to your gender orientation

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[/service] [service title=”Pregnancy & maternity discrimination” icon=”http://www.direct2lawyers.co.uk/wp-content/uploads/2012/08/warning1_48.png” size=”32″]

Pregnancy & maternity discrimination occurs when you’re disadvantaged in the workplace because of or for a reason related to the fact you’re pregnant or a new mother

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[/service] [service title=”Marriage & civil partnership discrimination” icon=”http://www.direct2lawyers.co.uk/wp-content/uploads/2012/08/warning1_48.png” size=”32″]

Marriage & civil partnership discrimination occurs when you’re disadvantaged in the workplace because of or for a reason related to the fact you’re married or in a civil partnership

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[/service] [service title=”Philosophical belief discrimination” icon=”http://www.direct2lawyers.co.uk/wp-content/uploads/2012/08/warning1_48.png” size=”32″]

Philosophical belief discrimination occurs when you’re disadvantaged in the workplace because of or for a reason related to your philosophical belief

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[/service] What is discrimination?

Firstly, we’ll have a look at what the colloquial definition of discrimination is. We’ll then take a look at what the legal definition of workplace discrimination is.

Colloquial definition

According to Wikipedia discrimination is:

“the prejudicial or distinguishing treatment of an individual based on their actual or perceived membership in a certain group or category, such as their race, gender, sexual orientation, ethnicity, national origin, or religion”

Legal definition

As we’ll see below, there are a number of types of unlawful workplace discrimination so the definition of discrimination will depend upon which type applies. There are the following types of discrimination:

  1. Direct discrimination
  2. Indirect discrimination
  3. Harassment
  4. Victimisation
  5. Disability-related discrimination
  6. Pregnancy & maternity discrimination
  7. Failure to make reasonable adjustments
[stextbox id=”info” bwidth=”1″ color=”eb9d15″ bcolor=”eb9d15″ bgcolor=”ffffff” mleft=”0″ mright=”10″ mtop=”10″ mbottom=”10″]How does a no win no fee policy work? What will I pay? Find out here >>[/stextbox]

This site is designed to inform people of their legal rights and to enable the consumer to understand and pursue their own legal actions, if they so wish.

However if, having considered the information below, you believe that you have claim for discrimination or harassment please contact us via the online form on your left or telephone us on 0845 544 1395.

We will then forward your case to an employment law firm for an employmen carry out a Free, No Obligation preliminary assessment of your case and if we consider it appropriate we will offer to represent you on a no win no fee basis.

Workplace discrimination – the law

If you’ve been discriminated against then you may be entitled to compensation for the financial and non-financial losses that you’ve incurred as a result. There’s a strict 3-month time limit from the date of your dismissal to submit a complaint to the Employment Tribunal so you shouldn’t delay dealing with your claim.

There are two ways that you can deal with your discrimination claim:

  1. Undertake the claim yourself as a “Claimant in person”
  2. Instruct a specialist employment solicitor to deal with your claim

There are benefits and costs to pursuing both approaches. Undertaking the claim yourself can be cheaper than instructing an experienced specialist employment lawyer. Further, if your claim is a simple one and you have the time to deal with the case then it may be worth your while doing so.  However, many lawyers now pursue claims in the Employment Tribunal on a “no win no fee” basis, so it is recommended that you at least consider instructing a solicitor on such a basis. Further, the benefit that experienced legal advisers is that they are, well, experienced. They generally substantially improve your chances of dealing with the claim efficiently and, most importantly, winning.

The following is a very brief outline of the law relating to discrimination in the workplace. Although not a comprehensive analysis, these are the kind of questions that you should be looking to ask yourself to evaluate whether you have a potential claim for discrimination. We’ll therefore take a look at:

  1. What is your protected characteristic?
  2. What type of discrimination could you have suffered?
  3. How to analyse a claim of discrimination

[stextbox id=”custom” bwidth=”1″ color=”0371AC” bcolor=”0371AC” bgcolor=”ffffff” mleft=”5″ mright=”10″ mtop=”10″ mbottom=”10″ image=”null”]1. What is your protected characteristic?[/stextbox]

[stextbox id=”custom” bwidth=”1″ color=”0371AC” bcolor=”0371AC” bgcolor=”ffffff” mleft=”5″ mright=”10″ mtop=”10″ mbottom=”10″ image=”null”]2. What type of discrimination have you potentially suffered?[/stextbox]

There are a variety of types of discrimination under the Equality Act 2010

  1. Direct discrimination – You’re treated less favourably than other workers because of your race/sex/age etc. If so, you’ve potentially been the victim of direct discrimination
  2. Indirect discrimination – A provision, criterion or practice is applied to you (such as that, for example, all workers must work at the weekend)  which places people of your race/sex/age (etc.) at a particular disadvantage and does in fact place you at a disadvantage (because, for example, you can’t work at weekends because of family commitments). If so, you’ve potentially been the victim of indirect discrimination
  3. Discrimination arising from disability – You’re disabled and have been treated less favourably than other employees who are not disabled, with no objective justification for the treatment. If so, you’ve potentially been the victim of discrimination arising from disability
  4. Pregnancy & maternity discrimination – You’re pregnant or on maternity leave and have been discriminated against by your employer (for example, you’ve been dismissed because you’ve said you’re planning to go on maternity leave). If so, you’ve potentially been the victim of pregnancy & maternity discrimination
  5. Failure to make reasonable adjustments – You’re disabled and a provision, criterion or practice, or  a physical feature, or the lack of an auxiliary aid (such as, for example, the failure to train other employees in sign language) puts you at a substantial disadvantage relating to your work in comparison with workers who are not disabled
  6. Harassment – You’re subjected to unwanted conduct at work which has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for you
  7. Sexual harassment – You’re subjected to unwanted conduct of a sexual nature at work which has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for you
  8. Victimisation – You’re subjected to a detriment because you’ve done a protected act or the person victimizing you believes that you have done, or may do, a protected act

[stextbox id=”custom” bwidth=”1″ color=”0371AC” bcolor=”0371AC” bgcolor=”ffffff” mleft=”5″ mright=”10″ mtop=”10″ mbottom=”10″ image=”null”]3. How to analyse your claim for discrimination[/stextbox]

The first thing to think about, obviously, is to analyse how you’ve been discriminated against. If it’s a case of direct discrimination:

  • Have you been treated less favourably than other workers?
  • How have you been treated less favourably?
  • Is the reason you’ve been treated that way because of your protected characteristic?
  • Is there any other explanation for the treatment that you received?
  • How much evidence have you got of discriminatory treatment?

 

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