Empowering You Against Workplace Discrimination: Your Legal Rights and Remedies

Whether you are an employee or an employer, it is crucial to understand the laws surrounding workplace discrimination. In this article, we'll delve into the concept of workplace discrimination, the protected characteristics, and legal remedies available. If you need legal assistance in navigating workplace discrimination issues, our expert lawyers are here to help.

1. What is Workplace Discrimination?

Workplace discrimination occurs when an employee or job applicant is treated unfairly because of their protected characteristics. In the UK these characteristics are protected under the Equality Act 2010, and they include:

- Age

- Disability

- Gender reassignment

- Marriage and civil partnership

- Pregnancy and maternity

- Race

- Religion or belief

- Sex

- Sexual orientation

Employers are legally obliged to treat individuals equally, regardless of these protected characteristics. Discrimination can take various forms, including direct discrimination, indirect discrimination, harassment, victimisation, and failure to make reasonable adjustments for disabled individuals.

2. Recognising Workplace Discrimination

It's essential for both employees and employers to recognise workplace discrimination. Employees should be vigilant if they believe they are being treated unfairly due to any of the protected characteristics. Employers must also ensure they maintain a fair and equal work environment to avoid potential legal consequences.

3. Legal Remedies for Workplace Discrimination

If you believe you have experienced workplace discrimination, there are legal remedies available to address the issue:

(a). Internal Complaints and Grievances: Employees can raise their concerns within the company through formal grievance procedures. Employers are obliged to investigate and address these complaints promptly.

(b). ACAS Early Conciliation: The Advisory, Conciliation, and Arbitration Service (ACAS) provides a free service to help resolve workplace disputes through mediation.

(c). Employment Tribunal Claims: If internal processes and ACAS conciliation do not yield satisfactory results, individuals can file a complaint with an employment tribunal. The tribunal can provide remedies such as compensation for damages or reinstatement.

(d). Consult Legal Experts: Engaging our lawyers who are experienced in employment law can be crucial in pursuing a discrimination claim. Our legal professionals can provide expert advice, guide you through the process, and represent your interests in tribunal hearings.

4. Preventing Workplace Discrimination

Employers can take proactive steps to prevent workplace discrimination:

- Implement comprehensive policies and procedures that promote equality and diversity.

- Educate employees about discrimination and the company's stance on such issues.

- Ensure that discrimination complaints are handled promptly and confidentially.

- Provide training for employees and management on recognising and addressing workplace discrimination.

Workplace discrimination is a serious issue, and individuals have legal protections against unfair treatment. If you believe you have been a victim of discrimination, it is essential to understand your rights and the legal remedies available. At Penerley our lawyers are here to provide expert guidance and support. Together, we can work towards a more inclusive and equitable workplace for everyone.