Discrimination at Work Claims
If you have faced any type of discrimination at work, the employment lawyers at Percy Hughes & Roberts are here to help you. Our legal specialists have extensive experience in helping those who have suffered discrimination to understand their legal rights and hold those responsible to account.
We will build a strong case to give you the best possible chance of securing a positive outcome for your discrimination at work claim. We have been helping people across the Wirral, Merseyside and further afield with practical, cost-effective legal advice for more than 100 years.
How can our discrimination at work lawyers help you?
The law surrounding discrimination is extremely complex, however, our lawyers are here to explain your rights in a clear and concise manner that is free from legal jargon. We will provide you with all of the information you require about your legal rights so you can understand the process completely.
We understand the distress you have likely experienced, which is why we will work tirelessly to help you secure a positive result from your discrimination at work claim.
Our extensive experience means we are well placed to help you to secure the outcome you deserve from your discrimination at work claim. Seeking assistance from an employment lawyer will also help to ensure that this behaviour does not happen again.
Why choose Percy Hughes & Roberts Solicitors?
By choosing Percy Hughes & Roberts to handle your discrimination at work claim, you can rest assured that you are in the safest hands. We are committed to delivering the highest standard of service to the people of the Wirral, Liverpool and Merseyside, and have been providing legal advice across this area for more than a century.
We hold a number of industry accreditations, including Lexcel, the Law Society's quality standard. This means we are recognised for providing top-tier legal services to our clients.
FAQs about discrimination at work
What is discrimination in the workplace?
Discrimination in the workplace occurs when an employer treats one or more members of staff less favourably than others. Under the Equality Act 2010, people who have a protected characteristic mentioned below are often more vulnerable to discrimination than others. These characteristics have a special legal status and are called ‘protected characteristics’. It is unlawful to discriminate against people on the grounds of these characteristics:
- Age - this can refer to a specific age group or one particular age, for example, it can refer to young people (usually around ages 18-24), or older people (usually over the age of 55)
- Disability - referring to physical or mental impairment(s), which have a substantial adverse effect on a person’s ability to carry out normal day-to-day work activities
- Gender - means the discrimination of a specific person/group based on their gender
- Gender reassignment - meaning a person who is transitioning or has transitioned from one gender to another. There is a widening scope of who may be protected under this area of law, such as non-binary/gender-fluid
- Pregnancy/maternity - referring to a person who is pregnant, expecting a baby, or had a baby recently
- Religion - including religious and philosophical beliefs including lack of belief (such as Atheism)
- Marriage/civil partnership - refers to the legal union between two people
- Sexual orientation - referring to what gender(s) a person is attracted to
- Race - includes a person’s race, skin colour, nationality (including citizenship), and ethnic or national origins
Discrimination can take place during the recruitment process and any stage during your employment, whether you are doing your job, or in selection for redundancy or dismissal. In addition, discrimination can relate to being left out of a promotion or training opportunities.
What are the different types of discrimination?
Discrimination at work usually fits into one of the following categories:
- Direct discrimination: When an employee is treated unfairly or overlooked for the same opportunities as others because of any of the characteristics mentioned above. For instance, a female worker's appraisal duties are withdrawn while her male colleagues at the same grade continue to carry out appraisals.
- Indirect discrimination: When an employer applies a rule leaving a certain group of employees at a disadvantage. For instance, encouraging staff to wear certain types of clothing, which could affect individuals with certain religious beliefs.
- Victimisation: When an employee is treated unfairly because they have made a discrimination complaint against their employer in the past or they have given evidence to support a colleague who has complained of discrimination.
- Harassment: When an employee is subjected to unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating their dignity, creating an intimidating, hostile, degrading, humiliating, or offensive environment.
How much discrimination compensation can you get at a tribunal?
There is no upper limit to what can be claimed from a discrimination tribunal. However, a tribunal will use the following three elements to work out how much compensation you should be awarded if you win your tribunal claim:
This is based on the idea that you have left your employment due to the discrimination and is related to how much money you have lost - or are likely to lose - while out of work.
Injury to feelings:
Injury to feelings is always payable to claimants in successful discrimination cases. The guidelines on the amounts of compensation are as follows:
- Band 1: £900 - £9,100 (relating to a one-off or isolated incident)
- Band 2: £9,100 - £27,4000 (more serious discrimination)
- Band 3: £27,400 - £45,600 (sustained campaign of the most serious discrimination, which is rare)
Personal injury compensation theoretically has no monetary cap, but this depends on what sort of injury has been caused by the discrimination. Common discrimination injuries are more often than not psychological injuries, such as depression and similar disorders.
Medical evidence is required for this particular claim, and there needs to be substantial evidence that the perpetrator of the discrimination is responsible for the medical condition.
Aggravated damages are awarded in the most serious cases where the behaviour of the respondent to a claim has aggravated the claimant's injury. They can be awarded where the respondent has acted in a "high-handed, malicious, insulting or oppressive manner", the focus here is on the further injury to the claimant due to the respondent's conduct.
Tips for how to gather evidence if you are experiencing discrimination at work
If you are experiencing discrimination at work, it is important to gather evidence of your experience. It is more likely that you will get the results that you want if you are well prepared. Some of the main ways to gather evidence are:
- Get witnesses: having people to corroborate your experience can be useful in building your case as these witnesses can be called upon to provide evidence
- Keep a diary of any discriminatory behaviour: writing down when these occurrences happen can be invaluable as it gives a clear timeline of how often the discriminatory behaviour occurs and what happened during each individual incident
- Collect evidence: try to gather anything that helps to explain your situation such as letters, emails, or online messages