solicitors and advocates

Discrimination

Understand new disability regulations 
The Disability Discrimination Act (DDA) made it illegal for any employer to discriminate against someone because of their disability. Previously, the legislation only applied to businesses employing over 15 workers.

Discrimination against employees on any grounds other than their ability to do the job could also be illegal. If an employee or potential employee brings a discrimination case against an employer it could result in costly and time-consuming legalities for months. If they win, you could be liable for unlimited damages.

Which areas of discrimination are covered by law;

  • Sex discrimination
  • Pregnancy discrimination
  • Race discrimination
  • Disability discrimination
  • Religious discrimination
  • Age discrimination
  • Sexual Orientation discrimination
  • Harassment 


If the discrimination led to your employment being terminated, you may be able to claim unfair dismissal , irrespective of how long you were employed.

If the discrimination has not led to your employment being terminated, our solicitors will be pleased to advise you on whether you are entitled to resign and claim constructive dismissal.

In addition to the usual compensation for unfair or constructive dismissal, you would also be entitled to be compensated for injury to your feelings or any resulting health problems.

What is discrimination?
If you feel you're being treated unfairly at work, there may be a law to protect you.

Sometimes discrimination at work is obvious. If you aren't treated as well as someone else because of something like your skin colour or gender, it's referred to as direct discrimination.

If you're finding it impossible to sort things out informally, you may be advised to take your complaint to an employment tribunal. This must be done within three months, or six months if it is a claim under the Equal Pay Act 1970. If you win your case, the tribunal can award damages to compensate you for the losses you have incurred. You may be able to settle your case without the need to go to court but, if not, be prepared for a long and difficult battle, and remember to take legal advice.

1. Racial discrimination
Allow most jobs and training schemes to be occupied by any race; with the exception of jobs such as modeling, acting, or in places where food or drink is served and a certain race is needed for authenticity; Give all races the same terms in the work contract and  allow all races the same promotion, training, and other opportunities.

2. Sexual discrimination
Many people, at some stage in their working lives, receive unwelcome sexual attention from colleagues. Sexual harassment covers a whole range of issues, from rude remarks to leering and unwanted physical contact, and in law is seen as direct discrimination under the Sex Discrimination Act 1975. Although it usually applies to women, men can be victims too.

3. Equal rights
Most jobs, training schemes and apprenticeships must be open equally to both sexes and to people of all ethnic backgrounds. The laws apply to full and part-time work, although a few jobs are excluded from the sex discrimination laws. These include acting, modeling and jobs involving a physical or close contact with the opposite sex. It is also legal for British firms to discriminate for jobs overseas where local customs frown on certain jobs being done by the opposite sex.

4. Disability discrimination
The Disability Discrimination Act 1995 is designed to protect certain groups of disabled people from unfair discrimination and it applies to firms of 20 or more employees. It's against the law to treat a disabled person less favorably than someone without the disability, unless it can be justified for a reason related to the disability. The law allows an employer to discriminate only if the disabled person is unsuitable - or less suitable - than the person taken on or if the person's disabilities would make it very difficult for the job to be done. The law, which applies to trainees as well as employees, also states that a firm should make reasonable adjustments to working conditions to allow a disabled person to do their job.

5. Homosexual discrimination
Lesbian and gay workers are protected against discrimination in the workplace on the grounds of sexual orientation, thanks to the Employment Equality (Sexual Orientation) Regulations 2003. This legislation bans direct and indirect discrimination, harassment and victimisation driven by a person's sexuality.

Discrimination that draws on an assumption about a person's sexuality (regardless of whether the assumption is correct or not) is also ruled out. There's also protection for those who are suffering from discrimination because they associate with people of a certain sexuality.

6. Age discrimination
The Employment Equality (Age) Regulations 2006 came into force on 1 October 2006. Under the new rules it is against the law to discriminate against you for being too young or too old when it comes to employment, adult education and training.

7. Discrimination against religion or belief
The Employment Equality (Religion or Belief) Regulations were passed in 2003 to stop discrimination on the grounds of someone's religion or beliefs. The regulations are intended to protect students in schools in colleges, as well as those in the workplace. As well as direct and indirect discrimination, the regulations outlaw harassment and victimisation.

Employment helpline: 08000731175

Mat Abdulla
Mat Abdulla
Head of Employment Law Department



For More Information Please Click on a Link Below
Sex discrimination legislation
Pregnancy descrimination
Race descrimination
Disability discrimination
Religious discrimination
Age discrimination
Sexual Orientation discrimination

 
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