Discrimination can take many forms and is highly damaging to both employees and employers. For employees, it can make them feel unwanted in the workplace, it can make them isolated and demoralised and, in extreme cases, can lead to them becoming ill. For employers, discrimination in the workplace can destroy the working environment, lead to tension and mistrust between colleagues and, ultimately, to lengthy and expensive litigation in the Employment Tribunal. Failure to provide goods and services because of a discriminatory reason can lead to claims in the County Court as well.
Discrimination occurs when someone is treated differently or less favourably than someone on the grounds of their race, colour, national or ethnic origin, sex, disability, age, sexual orientation or their religious or philosophical beliefs.
Discrimination claims are usually brought in the Employment Tribunal and there is no limit on the amount of compensation that an Employment Tribunal can award. Copmensation is made up of two elements - compensation for injury to feelings (usually limited to a maximum of £25,000) and compensation for any other losses (such as loss of earnings and actual physical or psychological injury caused by the discrimination), which is uncapped.
The fees for making a claim in the Employment Tribunal are the same as for an unfair dismissal claim, and the Tribunal can order the employer to repay the fees to an employee if their claim is successful.
It is very unusual for their to be overt evidence of discrimination and, as a result, discrimination claims can be highly complex. If you feel that you have been discriminated against at work, or if you have been accused of discrimination, call us on 01474 834664 and our highly experienced team will be happy to adivse you.
