Employment
Workplace discrimination and equality claims
No employee should be treated unfairly because of a protected characteristic. Discrimination issues can arise during recruitment, employment, promotion, disciplinary processes, sickness absence management, redundancy selection, dismissal or after employment has ended.
We advise employees on direct and indirect discrimination, harassment, victimisation, failure to make reasonable adjustments and discrimination arising from disability. We can help you identify the legal basis of the claim, gather evidence and decide how best to raise or pursue the issue.
Types of discrimination matters
We can advise on discrimination connected to protected characteristics and workplace treatment, including:
- Race, sex, pregnancy, maternity, disability, age, religion or belief, sexual orientation, gender reassignment, marriage and civil partnership.
- Harassment, bullying, offensive comments or hostile working environments.
- Failure to make reasonable adjustments for disability.
- Victimisation after raising a discrimination complaint or supporting someone else’s complaint.
- Discriminatory dismissal, redundancy selection, disciplinary action or performance management.
- Negotiated exits and settlement agreements involving discrimination concerns.
Evidence and timing
Discrimination claims are often fact-sensitive. Evidence may include emails, messages, witness accounts, policies, comparators, occupational health records, meeting notes and the timing of decisions. It is also important to consider whether there is a pattern of treatment rather than viewing each incident in isolation.
Strict Employment Tribunal time limits apply, and time can begin to run earlier than expected. We can advise on ACAS Early Conciliation, limitation, the merits of the claim and the practical steps needed to preserve evidence.
Raising concerns effectively
Some employees want to remain in employment and resolve the issue internally. Others may have lost confidence in the employer and wish to consider settlement or tribunal proceedings. The right approach depends on your objectives, the evidence and the seriousness of the treatment.
We can assist with grievances, protected conversations, without prejudice negotiations, tribunal claims and settlement terms, ensuring your position is advanced firmly and with proper regard to the legal tests that apply.