Workplace discrimination lawyers

Whether running your own business or being employed in a managerial role, it is important to understand how certain workplace behaviours can be seen as discriminatory.

Discrimination in the workplace

Under the Equality Act 2010, there are laws which protect people with a ‘protected characteristic’ against unfair treatment in the workplace. Protected characteristics are attributes or characteristics which relate to someone’s:

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

Employment discrimination lawyers

Holmes & Hills has a specialist team of employment lawyers who can give advice on all aspects of workplace discrimination and can assist your organisation with:

• Drafting and implementing appropriate policies for staff handbooks or contracts
• Training on how to deal with discrimination issues in the workplace
• Dealing with and managing complaints involving incidents of discrimination or less favourable treatment
• Defending against claims for discrimination in the Employment Tribunal

What does discriminatory treatment look like?

Discriminatory treatment can take various different forms, including:

• Direct discrimination: where someone is treated less favourably than others because of a protected characteristic.
• Indirect discrimination: where an employer puts rules or arrangements in place which apply to everyone but put someone or a group of people with a protected characteristic at an unfair disadvantage.
• Harassment: unwanted conduct or behaviour relating to a protected characteristic which violates someone’s dignity or creates an uncomfortable working environment for them.
• Victimisation: treating someone unfairly because they have complained about discrimination or harassment.
• Discrimination arising from disability: where a person with a disability is treated unfavourably because of something connected to or arising from their disability.
• Duty to make reasonable adjustments (disability discrimination): where an employer is required to make reasonable adjustments to a job which places a disabled person at a substantial disadvantage compared to non-disabled people. A failure to comply with the duty where this arises is a form of disability discrimination.

Employers are responsible for ensuring they take steps to prevent discriminatory treatment, as outlined above, from happening in the workplace.

Where employers are proactive and take positive steps to prevent discrimination this helps reduce the risk of Employment Tribunal claims being brought by staff against the business.

Employment discrimination claims

With discrimination claims there is no limit as to what amount of compensation an employee could be awarded where they successfully prove they have been discriminated against. The level of compensation will depend on the facts and circumstances of the case. It is therefore important for employers to ensure they take their responsibility to prevent discrimination seriously.

What can you do to help protect your business?

• Ensure that you are aware of your obligations, duties and responsibilities under the Equality Act.
• Introduce an anti-discrimination policy and make staff aware of the contents of the policy. The policy should explain what is classed as discrimination, what actions you will take to prevent discrimination, how staff can report incidents of discrimination and how complaints about discrimination will be handled. You should ensure the policy is reviewed and updated regularly to ensure it remains effective and is compliant with employment legislation.
• Provide appropriate training to staff and managers about discrimination and how to prevent this from happening in the workplace. Providing informative and specific training for your managers will help them be able to respond effectively to complaints about discrimination which will in turn help the organisation. Evidence of appropriate training being given and processes being used in an organisation can help defend against claims of discrimination.