If you are an employer facing a discrimination claim, you need to take advice immediately. Our Leeds solicitors specialise in matters like these. Discrimination takes many forms and this is a very difficult and complex area of law. Claimants who succeed at tribunal with discrimination claims can be awarded unlimited compensation. In some cases, awards have run to in excess of £1m.
What are the 9 protected characteristics?
- Sexual orientation
- Religion and belief
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
Can an employer avoid a discrimination claim?
We can advise employers at all stages of a discrimination claim and how to avoid such claims being brought in the first place. If claims progress to an employment tribunal, we can provide full representation and have years of experience of defending such claims should matters reach this level.
Discrimination can be either direct or indirect.
The concept of direct discrimination, victimisation and harassment applies to discrimination related to gender, being married or having a civil partner, race, religion or belief, sexual orientation, age and disability.
You are eligible to make a claim for discrimination if you are a job applicant, apprentice, employee, former employee, contract worker, or working on a contract personally to execute work.
There is no minimum length of service required.
To be successful in a claim for Direct Discrimination, you must be able to show that:
- You received less favourable treatment because of a protected characteristic, for example, race or age, etc.
- The treatment was different to others. It is not enough to be simply unfair treatment, you have to show that the treatment was a result of one of the factors noted above.
- You have a comparator. It is useful (but not essential) to find a real-life comparator.
Indirect discrimination is where your employer has applied a provision/criteria or practice which disadvantages you and which would tend to disadvantage others of your race, sex, age, etc. It is not unlawful if your employer can justify the provision or practice by showing that it is a proportionate means of achieving a legitimate aim.
Yes, in cases of harassment and sexual harassment, claims can be made against the harasser directly.