Making a claim for discrimination at work
If you think there has been discrimination against you at work,
you could have a claim against your employer.
If you do wish to make a claim for discrimination, there is a
strict three-month time limit in which to do so. The time limit
runs from the last act or acts of discrimination.
It is always a good idea to keep a written record of any acts of
discrimination, so that if and when you do make a claim, you have
accurate information to work from.
Discrimination claims can be related to other types of
employment claims. So, for example, the discrimination may be
related to unpaid wages, or unfair dismissal. Because of this,
discrimination claims can be very complicated. There can be more
than one time limit running within the same claim.
Unlike most other types of employment claim, there is no minimum
length of service required in order to bring a claim of
discrimination. So, if you think your employer is discriminating
against you, it is always a good idea to get legal advice.
Types of Discrimination
Discrimination can be either direct or
indirect.
Direct Discrimination
Direct discrimination means that you have been discriminated
against on the grounds of gender, being married or having a civil
partner, race, religion or belief, sexual orientation, age or
disability.
To be successful in a Claim for Direct Discrimination, you must
be able to show that:
- There was less favourable treatment on the grounds of gender,
being married or having a civil partner, race, religion or belief,
sexual orientation, age or disability.
- The treatment you received was different to the treatment of
others. It is not enough to be simply unfair treatment - you have
to show that the treatment was a direct result of one of the
factors noted above.
- It is also useful (though not essential) to have a real-life
comparator.
Indirect Discrimination
Indirect discrimination means your Employer has applied a
provision or practice which disadvantages you and which would tend
to disadvantage others of your race, sex, age, disability etc.
It is not unlawful if your Employer can justify the provision or
practice by showing that it is a proportionate means of achieving a
legitimate aim.
Do you think you could have a claim for discrimination at
work?
If you think you have experienced discrimination at work due to
your gender, race, religion, sexual orientation, age, disability or
marital status, our employment solicitors could help you to bring
your case to the Employment Tribunal. Call us on freephone
0800 422 0241 or complete our contact form and we will get
back to you.