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Discrimination & Harassment
Discrimination based on race, sex, disability, religious and sexual orientation can result in an Employment Tribunal awarding an amount of compensation that is 'just and equitable'. There is no upper limit on this amount.
Discrimination arises in four basic forms:
- Direct discrimination: treating a person less favourably than a person not having that particular characteristic would be treated.
- Indirect discrimination: treating all employees equally but, because a considerably smaller proportion of persons sharing his or her characteristic are able to comply, the effect of the treatment is detrimental to the employee.
- Victimisation: when someone is treated less favourably because they have taken certain steps relating to the discrimination legislation.
- Harassment: for a reason relating to a person's race, sex, disability, religion or sexual orientation, they suffer unwanted treatment which violates their dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them.
Unsuspecting employers can be liable for a wide variety of acts of discrimination including:
- acts carried out by other employees;
- action taken after the employment has ended;
- being guilty of discrimination by trying to overcome practical administrative difficulties posed as a result of changes in the law.
We can advise employers on how to take reasonable, practical steps to prevent the discriminatory acts occurring and advise them on how to validate actions otherwise perceived as discriminatory.
If you are an employee or employer concerned by behaviour that you consider could be discriminatory please contact us for help.
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