Discrimination

Direct and indirect discrimination is unlawful in the employment field as is unlawful discrimination by victimisation. Discrimination at every stage of employment is forbidden.

What is unlawful discrimination in Employment Law?

1. Sex Discrimination

Direct Discrimination

Where a woman is treated less favourably than a man in employment this is direct discrimination. Treatment that is different is not enough for it to be unlawful - it must be shown to be less favourable treatment. The question is whether the woman would have received the same treatment but for her sex.

Victimisation

If an employer treats any person less favourably than others because that person threatens to bring proceedings, to give evidence or information, to take any action or make any allegation concerning the employer with reference to the Sex Discrimination Act 1975 or has done any of those things, then the Employer is guilty of Discrimination.

Responsibility of the employer for discrimination of employees

An employer is responsible for the discriminatory acts of its employees. For example if a male employee harasses a female employee at work the employer will be legally liable for it because the law regards harassment as a form of direct discrimination.

2. Disability Discrimination

The same rules of direct and indirect discrimination applies to all forms of discrimination including Disability.

Disability means there must be a physical or mental impairment which affects normal day to day activities.

The employer has the following duties to employees:

• Not unjustifiably to treat a person less favourably for a reason relating to disability in connection with arrangements, job offers and terms and
• To make reasonable adjustments to any "arrangements" or physical features in premises which substantially disadvantage a disabled person
• Whether the discrimination can be justified will be judged after taking account of the employer’s duty to make arrangements

3. Racial Discrimination

The rules on race discrimination are broadly similar to those applying to sex discrimination. Race is defined as including colour, race, nationality or ethnic or national origin.

If a Claimant claims that he or she was not selected for interview and alleges that the reason was due to discrimination on the grounds of race the claimant can claim race discrimination in the arrangements made for the purpose of determining who should be offered that employment or by refusing or deliberately omitting to offer him that employment.

Once the inference of discrimination is drawn from the facts it then falls upon the employer to show that it did not treat the Claimant any differently from other applicants for the position and the selection for interview was purely based upon appropriate experience and qualifications of each applicant for the position advertised.

At Silver Shemmings we have an understanding of the challenges faced by employers in meeting these issues and the potential Employment Tribunal claims. We can provide a range of services to assist in protecting you in defending them. If a claim arises we can use out experience and knowledge to increase the chances of a favourable outcome and we can offer a cost effective "one stop shop" service to include the conduct of the case throughout, including representation and advocacy at the hearing.

For more information and initial advice please contact us on:

Sarah Shemmings or Richard Silver

Tel.:     0845 345 1244
Email:  office@shemmingsllp.co.uk

Robert Shawyer – Cardiff

Tel.:     02920 474 570
Email:  cardiff@shemmingsllp.co.uk

Don’t forget that you can also make initial contact through our free helpline 08455 1 92 92 1