An employee dismissal is discriminatory if it is related to a protected characteristic your employee has or is thought to have (perception discrimination):
An employee who has been dismissed unfairly has grounds for discrimination if they were dismissed from any of the points below:
- sex, or marital or civil partner status
- colour, race, nationality or ethnic origin
- sexual orientation or gender reassignment
- religious or philosophical beliefs
What they can claim?
There are no upper limits on the amount of the award. An employee who wins on a discrimination claim might also be entitled to compensation for injury to feelings and 8% interest on any compensation that is awarded.
Contact our Litigation Solicitors:
If you would like to enquire for any matters regarding discrimination of employment dismissal please complete our online contact form here or send an email to us at [email protected] and one of our solicitors shall call you back.
Alternatively, please call our litigation solicitors in Manchester on 0161 820 8888 for a no obligation discussion.
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- It is illegal for an employer to discriminate against an employee because of any of the following: –
- Gender (sex discrimination)
Direct discrimination – where, because of a protected characteristic, a person (A) treats another person (B) less favourably than A treats or would treat others (section 13(1), Equality Act 2010).
Indirect discrimination – where person A applies to person B an apparently neutral provision, criterion or practice that A would apply equally to others, but which puts or would put those who share B’s protected characteristic at a particular disadvantage. There will be no discrimination if the use of provision, criterion or practice can be objectively justified (section 19 Equality Act 2010).
Gross misconduct is an act which is so serious that it justifies dismissal without notice. Examples of gross misconduct include theft, fraud, violent or intimidating behaviour or damage to property. In your Employee Handbook, you should set out examples of acts which will be considered gross misconduct and include any conduct specific to your sector. Even in cases of gross misconduct, you still need to follow a fair procedure. If you do dismiss the employee instantly, it is likely that you will face a claim of unfair dismissal. When dealing with gross misconduct, you need to follow your disciplinary procedure and the ACAS Code of Practice. A fair disciplinary procedure involves investigating the matter, informing the employee of the issue, holding a disciplinary hearing, allowing them to be accompanied, letting them respond to the allegations and giving them the chance to appeal.
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