Discrimination Advice For Employers

Protecting your business from workplace discrimination claims

Workplace discrimination legislation (the Equality Act 2010) protects employees with ‘protected characteristics’ from unfair treatment. Protected characteristics include gender, marital status, gender reassignment, pregnancy, maternity, race, disability, sexual orientation, religion or belief, and age.

Types of workplace discrimination

There are four forms of discrimination at work (six in the case of disability discrimination in the workplace):

• Less favourable treatment because of a protected characteristic, known as direct discrimination
• Imposing a provision, criterion or practice (PCP) which particularly disadvantages a group of people with a protected characteristic and the individual concerned. Known as indirect discrimination, this form of discrimination can be defended if the PCP can be objectively justified. By this the legislation means it is a proportional means of achieving a legitimate aim
• Harassment for a reason related to a protected characteristic
• Victimisation of a person because they have raised or helped someone to raise a complaint of discrimination

Legislation protects:

• Job applicants and employees
• Contract workers, including agency workers
• Police officers and applicants to join the police
• Partners and those seeking partnership in a firm (including an LLP)
• Barristers and trainee advocates

How we will help

Our specialist solicitors can advise on best practice with regards to employment discrimination law. We can help you create and implement an effective equality and diversity policy and train your managers in employment discrimination law. We also help with alleged cases of discrimination in the workplace. Our lawyers and our team of HR consultants can help you handle a fair investigation, disciplinary or grievance process. We also offer services from trained mediators to try and resolve the matter without having to face costly and time-consuming Tribunal proceedings.

If proceedings are issued against you or your company, we can defend these proceedings and, if necessary, represent you at the Tribunal.

Here are some helpful links:

• Age
• Disability
• Pregnancy and Maternity
• Race
• Religion or Belief
• Sex
• Sexual Orientation