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 on 0161 820 8888 for a no obligation discussion.
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Discrimination is where you are treated unfairly or differently at work because of who you are, such as being disabled or being a woman. The main law that covers discrimination at work is the Equality Act 2010. The unfair treatment might not be aimed at you personally – it could be a rule or policy for everyone that affects you worse than others.
Harassment is where someone creates an atmosphere that makes you feel uncomfortable – this could be because you feel offended, intimidated or humiliated. Your situation might also be harassment under the Equality Act 2010. If it is, you can take action under that law.
It might be harassment if someone’s:
- verbally abused you
- asked very personal questions, for example about your disability or religion
- put up posters that make you feel uncomfortable
- made rude physical gestures or facial expressions towards you
- told you jokes of a sexual nature
- made comments you find offensive, for example on social media
If your colleagues say the behaviour was just friendly banter, it might still be harassment if it meets the definition of harassment in the Equality Act.
You can take action by making an informal complaint – you should try to resolve the problem by doing this first; making a formal complaint called a ‘grievance’; going to a tribunal. You should decide which approach is best for your situation before you start to take action. The best approach will be based on things like the type of problem, the amount of time since the problem happened and the outcome you want
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