Work Discrimination Lawyers in Essex: Romford, Brentwood, Upminster
What is a Discrimination Lawyer?
Role of an Employment Discrimination Lawyer
An employment solicitor can advise you if you feel that you have been discrimination against at work. We can also advise Employers in relation to equality and diversity policies, and assist if you have had a discrimination claim brought against you.
Key Legislation Acts
The Equality Act 2010 is the basis of discrimination law in the UK. The Act states that it is unlawful for an employer to discriminate against an employee on any of the following grounds:
- age
- disability
- gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- race
- religion or belief
- sex
- sexual orientation
These are known as protected characteristics.
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Direct Discrimination
Discrimination can be direct, such as treating an employee differently because they have a protected characteristic.
Indirect Discrimination
Discrimination can also be indirect, such as implementing a policy for all employees which affects one employee differently because of their protected characteristic.
Victimisation
It is also unlawful to victimise an employee because they have complained about discrimination.
Harassment
It is also unlawful to harass an employee.
There is no qualifying period of employment required to bring a claim against an employer for discrimination.
The Importance of Hiring a Work Discrimination Lawyer
Mullis & Peake Experience with Specific Industries and Expertise in Employment Law
As an employer, you should have an Equality and Diversity policy in place and should regularly review internal procedures to ensure that they are not discriminatory. Our team of solicitors can assist with drafting and reviewing policies and procedures, as well as helping you to defend any claim brought against you.
If you are an employee and believe you have been discriminated against in the workplace, our Employment team can assess your case and advise as to the best way forward.
Navigating Complex Legal Processes
The law around discrimination in the workplace is changing constantly as new cases expand the definition of discriminatory behaviour and the parameters of the protected characteristics. Our employment solicitors can help you navigate the complex legal process.
Employee Discrimination Lawyer: What to Expect
Initial Consultation Process
Our specialist employment lawyer will need to see you for an initial consultation. This can be either in person, or a virtual meeting if you prefer. At the initial consultation your lawyer will take a full history from you, in addition to reviewing any relevant documents. There will be a fixed fee of £500 plus VAT for the initial consultation.
Case Evaluation and Strategy
Following the initial consultation, our employment specialist will advise as to whether or not you have a case against your employer. We will also outline the procedural steps involved in bringing a claim, how long it is likely to take, and the costs involved.
Legal Representation in Employment Tribunals
Our employment specialist can represent you in any preliminary Tribunal hearings. For your final hearing, we will arrange for you to be represented by a Barrister who is an expert in discrimination matters.
Advising on Rights and Remedies
If you do have a claim against your employer, we will advise you as to the compensation that is likely to be awarded if your claim succeeds.
The Process of Filing a Discrimination Claim
Steps to Take Before Filing
Before filing a claim, you should first use your employer’s internal grievance procedure. If that is not successful, the next step is to start an Early Conciliation process through ACAS. This is a requirement before you can begin a Tribunal claim. It is important to be aware that there are time limits within which you must start your claim. Your employment lawyer will advise about the time limits applicable to your claim.
Filing a Claim with an Employment Tribunal
An Employment Tribunal claim is started by filing an ET1 form with the Tribunal. The form sets out details about your employment, the discrimination you have suffered, and the remedy that you are seeking.
Documenting Discrimination Incidents
Importance of Evidence
It is vital that you collect evidence to support your claim – this will help you to prove what has happened to you, and when it happened.
Types of Documentation to Collect
If there was anyone present during the acts of discrimination, ask if they would be prepared to write a statement. If not, make a note of their names. Keep copies of any documents that relate to the discrimination, and make notes in a diary of the dates of the key events.
The Role of Mediation in Discrimination Claims
Benefits of Mediation
Mediation can help to resolve a claim without the need for expensive and stressful Tribunal proceedings. It can also help both parties to feel that they have been heard by the other.
How Mediation Works
If both parties agree, a mediator can be appointed to try and resolve the claim. The mediator, who is independent, reviews the evidence and explores the parties’ positions. They will then go back and forth between the parties to see if there is any common ground, and whether a remedy can be agreed. The mediator doesn’t have the power to make a legal ruling on the case, but instead guides the parties toward agreement.
Legal Remedies Available for Discrimination Victims
Compensation and Damages
The level of compensation awarded to you if your claim succeeds will depend upon the severity of the discriminatory acts. Your employment specialist will be able to advise once the facts of your case have been discussed.
Reinstatement and Other Remedies
If you have been dismissed from your job, you can ask for an order that you be reinstated i.e. given back your job. This is often not practical or desirable. You can also ask the Tribunal to make a recommendation, to try and prevent the same thing from happening to another employee in future.
Costs Involved in Hiring a Discrimination Lawyer
Understanding Legal Fees
After your initial consultation, all work that we carry out for you will be charged at an hourly rate. You will be given details of the hourly rate, and an estimate of fees, at your initial consultation. Unlike in the civil courts, in most Employment Tribunal claims each party will bear their own legal costs no matter who wins. You will need to take this into account when deciding whether or not to bring a claim.
Preparing for a Consultation with a Discrimination Solicitor
What to Bring to the Meeting
You should bring all relevant documents to the meeting. This will include your contract of employment, papers from any grievance procedure that has been carried out, and any evidence that you have collected.
Key Information and Questions to Prepare
Your consultation will be most effective if you have a clear timeline of what has happened to you. If you have any specific questions that you want answered, it can be helpful to jot them down before the meeting, to make sure that they aren’t forgotten
The Impact of Workplace Discrimination on Employees
Emotional and Psychological Effects
Suffering workplace discrimination can lead to employees developing adverse mental health consequences such as depression and anxiety. It can also impact upon self-worth.
Long-term Career Consequences
If the mental health consequences upon an employee are severe, this may lead to long-term absence from work, which in turn may have an impact upon the employee’s future career.
Understanding Settlement Agreements in Discrimination Cases
What is a Settlement Agreement?
A Settlement Agreement can sometimes be used to settle a discrimination claim. Under the Agreement, the employer will pay compensation to the employee, in return for which the employee will agree not to bring a claim, or if the claim has already started, to withdraw it.
Pros and Cons of Settling
The main benefit of settling a claim is that it will bring matters to a conclusion without the cost, time and stress involved in a Tribunal claim. Reaching a settlement may mean that an employee feels they have not had closure and/or their “day in court”. Your solicitor can help you to weight up the pros and cons of settling.
The Role of ACAS in Discrimination Disputes
Overview of ACAS Services
ACAS can offer advice to employers and employees about discrimination in the workplace. They also offer an Early Conciliation service, and can assist the parties in trying to reach settlement.
How ACAS Can Assist Employees
ACAS cannot provide legal services, nor can they represent parties in the Tribunal. They can help with trying to reach settlement with your employer, as well as offering free information and guidance via their website.
How Employers Can Prevent Discrimination
Best Practices for Employers
All employers should have a current Equality and Diversity policy, and should ensure that everyone in the business is aware of the policy, and complies with it. Employers should also provide training for their employees around discrimination. Any complaint from an employee relating to discrimination should be investigated fully, and support given to the employee in question.
Legal Obligations of Employers under the Equality Act
Responsibilities to Employees
It is unlawful for an employer to discriminate directly or indirectly against an employee because they have a protected characteristic or, in some cases, because they are associated with someone who has a protected characteristic. Employers are also under a legal duty to consider requests for reasonable adjustments from employees who have a disability.
Consequences of Non-Compliance
If any employer is found to have discriminated against an employee, they are likely to be ordered to pay compensation to the employee. There is also likely to be adverse publicity which may affect the business in the wider community.
Frequently asked questions
Discrimination can be direct or indirect. Direct discrimination means that one particular employee is treated badly because they have a protected characteristic. Indirect discrimination occurs when all employees are treated the same, but it has a negative impact upon certain employees because of their protected characteristics.
If you are aware of discrimination occurring at your workplace, you should raise the issue with management. Try to collect as much evidence as you can to support your position.
If you feel that you are being treated unfairly at work, our employment specialist will be able to advise in your initial consultation.
An example of unfair treatment would be if a female employee was passed over for promotion because she had childcare commitments, or if a male employee’s application for a role was unsuccessful because of a perception that the role in question was more suited to a woman.
Mullis & Peake have solicitors in employment law ready to help you. Contact us online today or call us on 01708 784000.
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