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If you are an employer facing a discrimination claim, you need to take advice immediately. 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?

The law currently makes provision for 9 protected characteristics and these are as follows:
  1. Sex
  2. Race
  3. Age
  4. Disability
  5. Sexual orientation
  6. Religion and belief
  7. Gender reassignment
  8. Marriage and civil partnership
  9. Pregnancy and maternity

If you're an employer facing discrimination claims call us on 0113 218 5459

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.

For further advice please contact Paul Grindley on 0113 218 5459 or email paulg@winstonsolicitors.co.uk.

Contact Paul today

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.

One of the nine features , eg sex , race , disability , age , sexual orientation , religious belief, transgender reassignment , marital status and pregnancy.

Yes and they can face awards of compensation too.