Our specialist employment law team can help clients who are facing allegations of discrimination from an employee. This is a complex area of law that requires specialist advice. We understand the issues faced by businesses, including those that operate across borders.
Giambrone has offices in the UK, Spain, Germany, Italy and Tunisia. Our multi-lingual employment lawyers can advise employers and help them to understand and abide by the relevant international and regional employment laws in relation to discrimination. Get in touch with us today to find out how we can help.
What is discrimination?
Discrimination is the unequal treatment of an individual or several individuals who are considered protected persons under the terms of the Equality Act 2010.
Discrimination in the workplace
Discrimination laws ensure that employees are protected from their employers illegally discriminating against them. An employee can bring a discrimination claim against their employer if it can be proven that the act to which they were subjected to was because of one of the following ‘protected characteristics’:
- Marriage or civil partnership
- Sexual Orientation
Discrimination claims can be very complicated and difficult to handle. Our expert discrimination lawyers can advise individuals on the relevant issues and will provide personalised advice, specific to your circumstances.
Who can make a claim for discrimination in the workplace?
Discrimination legislation covers not only employees but also job applicants, contract workers and agency workers. These cases can be especially complicated where the allegations are made by senior executives and directors. At Giambrone, we have the experience to advise and represent organisations that are facing such claims.
It is worth remembering that positive action or discrimination is not generally regarded as unlawful. This occurs where a minority group is given preferential treatment to ensure a fair playing field compared to those that are not in that minority.
Types of discrimination – how can an employee be discriminated against?
Discrimination can take several different forms within the workplace, including:
- Direct discrimination - this occurs when someone is treated less favourably due to a protected characteristic.
- Indirect discrimination - arises when a group of people with a protected characteristic are disadvantaged due to a provision, criterion or practice being implemented that is not proportionate to achieving a legitimate aim.
- Harassment - of someone due to a protected characteristic. This can include sexual harassment.
- Victimisation - of someone that raised a discrimination claim (or helped someone to raise a claim).
- Failure to make reasonable adjustments.
Our team have considerable experience in dealing with discrimination cases and can help to ensure that matters are dealt with fairly and responsibly, whilst also protecting your reputation. We can advise on how to deal with any media attention to ensure that your organisation is presented positively.
When can discrimination occur?
The circumstances where discrimination laws apply are fairly broad and include all stages of employment including hiring, promotions, remuneration and benefits, termination and training.
We can advise clients on their current systems to prevent any discrimination claims from arising and make sure that their actions fall within the legal remit of the legislation in this area. We work proactively, guiding organisations and businesses on ensuring compliance with discrimination laws in their relevant jurisdiction.
Facing discrimination allegations
When an organisation is facing a discrimination allegation, expert legal advice must be sought to protect your rights and understand your obligations fully. Our specialist employment lawyers will discuss the unique circumstances of your particular case and provide you with a robust defence.
If issues arise that cannot be resolved internally by the organisation, there is the risk of litigation that can be damaging to their reputation. The amount of damages awarded can be uncapped, which means that employees might be tempted not to settle and to take the matter to court. We understand the implications of these types of cases on organisations and can advise you on the best course of action.
Our employment law team can assist clients internationally, providing guidance to organisations on the relevant law if they are facing discrimination allegations. We have both the expertise as well as a wealth of experience in this area to support our clients in successfully defending such claims. It is worth noting that there are often short time limits to bring these claims and we can advise clients whether these have been correctly met.
Contact our Discrimination Lawyers in the UK
Organisations facing allegations of discrimination should contact our expert discrimination team, who can advise and represent you. We can also assist employers on processes and procedures to make sure they are compliant with discrimination laws.