Employment Discrimination at Work

Knight-Webb Solicitors have particular expertise in handling complex discrimination claims.

Workplace discrimination is unlawful if the reason for the treatment is age, disability, race, religion or belief, sex or sexual orientation.

A claimant or potential claimant in a discrimination claim should consider whether to serve a statutory questionnaire on the employer to obtain statistical and other information, which may be relevant to the claim. The sanction for not answering a questionnaire within a reasonable time or answering evasively or inadequately is that in certain circumstances, the tribunal may draw adverse inferences against the employer.

Age Discrimination at Work

Under the Equality Act 2010, direct discrimination, indirect discrimination, victimisation and harassment because of age in the sphere of employment and vocational training is prohibited. Direct discrimination can also arise where a person is discriminated against because they are perceived to be a certain age or age group. Employers may also be responsible for the acts of their agents, as well as the acts of other employees.

The Act protects workers from age discrimination in recruitment, employment terms and conditions, promotions, transfers, dismissals and vocational training. However, the Act provides that direct and indirect discrimination may be justified.

The Coalition government has abolished the default retirement age from 1 October 2011. Where appropriate, the dismissal of older workers should be managed through discussion or formal performance and management procedures.

Sex Discrimination at Work

Discrimination on the grounds of sex in the sphere of employment has been unlawful since 1975. The current legislative provisions are contained in the Equality Act 2010.

Direct discrimination occurs where a person is treated less favourably because of sex. There is no need to show motive or intention behind the discriminatory treatment; discrimination can be unconscious.

Indirect discrimination arises where an employer’s policies or practices place a woman (or man) at a substantial disadvantage, and cannot be justified.

Discrimination on the grounds of marital or civil partnership status, gender reassignment, pregnancy or maternity leave is also unlawful under the Act.

Race Discrimination at Work

It is unlawful for a person to discriminate on racial grounds against another person in an employment context. The law defines racial grounds as including race, colour, nationality or ethnic or national origins.

Employees are also protected against discrimination on the grounds of religion or belief

Discrimination on the grounds of religion or belief

Employees are protected against discrimination on the grounds of religion or belief.

Disability Discrimination at Work

It is unlawful to discriminate against disabled persons in employment and other areas. A person has a disability if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out day-to-day activities.

Disability discrimination may take place in any of these ways: direct discrimination, disability-related discrimination, harassment, victimisation or by failing to make reasonable adjustments. If working practices or features of the premises put an employee at a substantial disadvantage compared with a non-disabled employee, the employer must make reasonable adjustments to remove or minimise the disadvantage. In deciding whether reasonable adjustments have been made, several factors are taken into account including the nature of the adjustment, the cost, the impact of the adjustment and the resources of the employer.

Whistle Blowing at work

It is unlawful for an employer to subject a worker to a detriment or dismissal for making a protected disclosure. Such a dismissal will be automatically unfair and there is no qualifying period of employment.

A qualifying disclosure is information, which in the reasonable belief of the worker shows at least one of the following:

• that a criminal offence has been committed, is being committed or is likely to be committed,
• that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject,
• that a miscarriage of justice has occurred, is occurring or is likely to occur,
• that the health or safety of any individual has been, is being or is likely to be endangered,
• that the environment has been, is being or is likely to be damaged, or
• that information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed.