Discrimination

All employees should be made aware of the standards required of them in not harassing or discriminating against those with protected characteristics such as sex, race, disability, age, religious beliefs, maternity and pregnancy, sexual orientation, marriage and civil partnership and gender reassignment. Equal opportunities should not only be the subject of a policy but should be reinforced through training.

An employer is vicariously liable for the discriminatory actions of its employee if carried out in the course of employment. If the employer has provided its employees with equal opportunities training then they will be able to defend such a claim.

Discrimination can occur when ‘stereotypical assumptions’ are made about employees with  protected characteristics and as a result they are treated less favourably. Often this is done unintentionally, but intention is not generally relevant.

Successful discrimination can result in uncapped compensation against both the employer and individual employees and also awards for injury to feelings. A Tribunal can also make recommendations to alleviate discrimination in the workplace. Employers are required to report any findings of discrimination when tendering for contracts in the public sector.

For more information please call us on 01235 841506

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Beverley Sunderland
Director
01235 841506
07765 851606
Kevin Charles
Consulting Barrister
07919 361170
Barry Ross
Senior Associate
07884 312800
Maria Hoeritzauer
Associate
07917 420488
Owen Dear
Senior Solicitor