Discrimination law in the UK is a minefield. Employers need to be aware of their obligations during recruitment, promotion, disciplinary and performance procedures as well as when contemplating dismissal. Employers also have equality and diversity obligations; bullying, victimisation and harassment may be an issue. We help employers to understand their obligations, take steps to minimise risk and adopt good practice. With considerable experience of advising in this area our employment law experts will help you to safely navigate this area of law, providing advice on specific issues and general legal compliance.
Discrimination can take many forms: sexual harassment and discrimination in the City has been widely covered by the media but many discrimination claims are entirely fabricated.
Under the Equality Act 2010 employees are protected against discrimination on the grounds of:
- gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- race discrimination (which covers ethnic or national origin, nationality and colour)
- religion or belief
- sexual orientation
Discrimination can be classified as direct, indirect, harassment or victimization.
Most employers wish to avoid discriminating against employees and to prevent any form of bullying, harassment or victimisation at work. We advise what may constitute unlawful discrimination and when allegations may be more likely to arise. The compensation which the Employment Tribunal can award is uncapped for such claims and there is no requirement for the employee to have worked for their employer for a set period of time. Indeed, a discrimination claim may be brought against a potential employer where a candidate has not even been hired or by a former employee with regard to a reference request.
Discrimination against employees and partners can occur in any type of workplace; senior executives, hedge fund or private equity partners and partners in law firms may be caught. We are very familiar with the financial and professional services sectors and the types of personalities involved. We provide targeted, effective advice.
How Fox & Partners can help…
- draft policies and offer equal opportunities training – if an employee discriminates against a fellow employee, the first defence available to an employer is that they provided adequate training with the object of preventing discrimination
- assist if an employee makes allegations of discrimination, victimisation or harassment guiding employers through a grievance process, or mediation or defending an Employment Tribunal claim
- provide advice on conducting a lawful redundancy, disciplinary or other internal process
- explain obligations during recruitment and promotion
- advise on disability discrimination, including obligations to make reasonable adjustments for an employee with a disability and how to manage an employee’s sickness absence.
Please call us on 020 7618 2400