We are Unlawful Discrimination Solicitors based in London. Unfortunately, unlawful discrimination still occurs in workplace.
Following the introduction of the the Equality Act 2010, the following are Protected Characteristics under the Act:
- Age; Your employer might deny you a promotion because you are too young, or might try to force you out because you are nearing retirement
- Disability; A wide variety of physical and mental conditions may amount to disabilities under the Act, one of the most common being back problems. Employers should not treat employees less favourably than non-disabled staff as a result of the condition and should make ‘reasonable adjustments’ to facilitate the person in the role;
- Gender reassignment; This includes people who have or who plan to undergo sex change operations;
- Marriage and civil partnership; For example dismissing someone because they have got divorced;
- Pregnancy and maternity; For example it is unlawful to dismiss someone because they are pregnant, or to deny them a promotion because they plan to start a family
- Race; It is unlawful reject a job application because of their racial or ethnic background;
- Religion or belief; It is unlawful to dismiss someone because of their religious or political beliefs, though in some cases the dismissal of someone with far-right views has been justified as was the dismissal of a marriage registrar who refused to marry same-sex couples;
- Sex; For example it is unlawful to deny someone a promotion because of their gender. .
- Sexual orientation: It is unlawful to refuse to employ someone because they are gay.
The discrimination may be direct, or may be indirect by applying a provision, criterion or practice which puts a greater proportion of people with a certain Protected Characteristic at a disadvantage as compared to another group without that characteristic.
A classic example is denying a woman returning from maternity leave the opportunity to return on a part time basis without reasonable justification.
To read more about awards for injury to feelings click on the arrow: Discrimination and injury to feelings
This is a complicated area and it can make all the difference if you get legal advice on your situation. We are well aware of how upsetting discrimination in the workplace can be and we will help you work through this difficult area.
Time Limits: Don’t forget, most claims must generally be received by the Employment Tribunal no later than three months from the date of the last act complained of. You should now normally make use of internal procedures (such as appeals or grievances) before bringing a claim in the Tribunal. If you do so you may be entitled to an extension of time in which to bring your claim.