As an employer, you could face a claim of discrimination if an employee believes they have been treated less favourably than another employee because of a particular characteristic.
Expert legal advice and representation
At Goodwyn Herrera, we understand the importance of keeping your business running smoothly. If you have been accused of discrimination against an employee, we can step in to try to resolve the issue quickly before positions the matter escalates and positions become entrenched.
We are skilled negotiators and can liaise with your employee’s legal representatives to find an acceptable solution so that damage is minimised and both you and they can move on.
In the event that a case is brought against you at an employment tribunal, we will put together a strong defence on your behalf and represent you robustly.
Under the Equality Act 2010, employees cannot be treated unfairly on the grounds of a protected characteristic. There are nine protected characteristics, as follows:
Pregnancy and maternity
Race and ethnicity
Religious or philosophical beliefs
Marriage or civil partnership
Types of workplace discrimination
Discrimination can take place in a number of ways:
Direct discrimination, where someone is treated less favourably, for example, because of their religious beliefs;
Indirect discrimination, such as considering only full-time workers for a promotion, where most of the part-time workers are women;
Harassment related to a protected characteristic;
Victimisation of an employee who has helped someone raise a discrimination complaint.
Defending a discrimination claim
If your employee can provide evidence supporting their claim, then you will need to prove that your action was not discriminatory.
We will go through the situation with you to try and establish whether in fact the treatment of your employee is for a reason other than a protected characteristic. They may request certain information from you and we can work with you to control what is released, to ensure you do not inadvertently damage your case.
It is important to follow the correct procedure in dealing with any grievance or allegations of discrimination. This may be set out in your employee handbook. Alternatively, you should follow the Acas Code of Practice on disciplinary and grievance procedures.
It is always advisable to seek legal advice as soon as possible to try and reach an early resolution. It is also recommended that you ensure that you have a fair grievance procedure in place so that both you and your employee know what steps need to be taken if an issue arises.
At Goodwyn Herrera we can advise you in respect of discrimination claims and also make sure you have strong procedural documentation governing the raising of complaints.
If you are facing allegations of discrimination and you would like to speak to an expert employment solicitor, call us on 020 8187 6495 or email us at email@example.com to make a free no-obligation enquiry.