Discrimination
Advantage Solicitors provides expert legal advice and representation on all employment law matters, assisting both employers and employees with a wide range of issue.
- 0208 807 1676
Discrimination Lawyers
What is discrimination?
Under the Equality Act (2010) ‘discrimination’ means treating you less favourably because you have a specific ‘characteristic’ that tends to make you more likely to be the target of negative or hostile behaviour by other individuals or groups at work.
The characteristics that make you more likely to be discriminated against are recognized in the Equality Act which serves to protect everyone against discrimination.
It is unlawful to discriminate against people on the grounds of these characteristics, which are as follows:
- Race, which includes your race, colour, nationality (including citizenship) ethnic or national origins.
- Sex means either male or female or a group of people such as men or boys, or women or girls, although the majority of sex discrimination cases are brought by women.
- Age can refer to a particular age or an age range and can refer to young as well as old people, for example, employees of 18-24 years, or over the age of 55.
- Disability means physical or mental impairment which has a substantial and long-term adverse effect on that person’s ability to carry out normal day-to-day activities.
- Pregnancy and maternity are about being pregnant, expecting a baby, or having had a baby recently.
- Sexual orientation refers to whether a person’s sexual attraction is towards their own sex, the opposite sex, to both sexes, or none.
- Religion or belief includes religious and philosophical beliefs including lack of belief (such as Atheism). Generally, a belief should affect your life choices or the way you live, for it to be included in the definition.
Who can bring a claim in Employment tribunal for Discrimination?
There is no minimum period of employment before you can make a claim in the employment tribunal for discrimination. Unlike unfair dismissal, you do not have to be employed with your employer for two years before you can bring a claim.
Claims of discrimination can be brought by:
- Current employees and others who provide their services personally to an organisation
- Job applicants
- Workers who have left the organisation
- Claims can be brought irrespective of the individual’s length of service, age or number of hours worked.
- Legislation provides protection from discrimination to a wide range of people who provide their services personally to organisations, including.
- Agency temps
- Casual workers
- Part-timers
- Apprentices
- Self-employed people (provided the person concerned is under a duty to provide their services personally)
- Directors
Compensation Awards
Where a claim for discrimination is successful, the tribunal will usually order the employer to pay compensation to the complainant. A compensation award will in most cases include:
loss of earnings, which can include past or future losses, unpaid holiday, bonuses, stock options or notice pay;
- An award of damages for ‘injury to feelings ‘(see the injury to feelings compensation guidelines below). This is to compensate you for the upset, frustration, worry, anxiety, mental distress, fear, grief, anguish, humiliation, unhappiness, stress and depression.
- A personal injury whether this is due to depression or physical injury (see below);
- Aggravated Damages. These are awarded in the most serious cases where the behaviour of your employer has aggravated your injury;
- Punitive Damages. This award is very rare and only in limited circumstances where the compensation itself is an insufficient punishment and your employer’s conduct is very oppressive;
- Interest, which can be awarded from the date of the discrimination until the date the Tribunal calculates compensation.
Injury to Feelings Compensation Guidelines
The Court of Appeal have set out 3 bands of compensation guidelines for injury to feelings, depending on the seriousness of the case. These are commonly known as the ” Vento” guidelines, and from 6th April 2024 they are:
Top band for the most serious cases: £35,200- £58,700 (although it can exceed this in exceptional cases);
Middle band: £11,700 – £35,200
Lower band for less serious cases (e.g. a one-off or isolated incident of discrimination): £1,200 – £11,700
Get Expert Employment Law Advice Today
Facing an employment law issue can be daunting. Let us help. Contact our specialist team for confidential and practical legal advice tailored to your needs. Fill out the form to start the conversation for free.
Get Started Today.
At Advantage Solicitors, our Employment Law department offers professional and dedicated support across a wide range of matters, including unfair dismissal, discrimination, redundancy, and contract disputes. We aim to resolve employment issues effectively while safeguarding your rights and ensuring fair treatment.
Need Legal Advise? Feel Free To Discuss
Advantage Solicitors can support you by offering advice, and support as well as corresponding with your employer, negotiating with discrimination settlements; or possibly bringing a claim on your behalf.