Discrimination and harassment
You have the right not to be discriminated against or harassed at work. This means that your employer has a duty to keep you safe, both by not being discriminatory themselves and by preventing other employees from discriminating against you. When your employer fails to keep you safe, you may be entitled to make a legal claim for compensation or another suitable remedy.
At Tayntons, our expert team of employment law solicitors can assist with all types of discrimination and harassment matters. We understand how upsetting, frustrating and humiliating these types of issues can be, particularly if you have already gone through your employer’s grievance procedure and haven’t received a satisfactory outcome.
The way some employers handle complaints can feel very strict and formal which can discourage employees. Employers also tend to have difficulties putting anti-discrimination and harassment laws into practice because, unfortunately, unconscious biases still play a major part in the modern workplace.
This is why the assistance of an employment law specialist is essential. We will fight your corner and take all possible steps to achieve a positive outcome for you, whether this be compensation, a favourable settlement agreement or an apology. As well as assisting employees who have been discriminated against at work, we can also help if:
- You have been dismissed or made redundant for a discriminatory reason
- You have suffered discrimination during a business’s recruitment process
- You are being treated unfairly because you supported someone else’s discrimination or harassment complaint at work
In most cases, we can open a constructive dialogue with the employer and reach a suitable settlement without turning to litigation, saving considerable time, costs and stress.
However, your best interests will always be central to what we do; if it is necessary to take Employment Tribunal action, we will provide detailed advice so you can make an informed decision about whether to proceed.
Please contact our employment lawyers in Gloucester by calling us or filling in our online enquiry form. Our clients come from across the South West, including Gloucestershire, Cheltenham and the Forest of Dean.
Harassment and discrimination at work – the law
Discrimination and harassment in the workplace take a number of different forms.
Your employer should have systems and processes in place to handle any grievance you may have. The Employment Act 2002 means that Employers should have policies in place to deal with grievances. What often starts out as a relatively minor situation, can often escalate over the course of time.
Discrimination is covered by four main areas of law. These are:
Direct discrimination – Being treated less favourably due to gender, race, disability, religious belief, sexual orientation or age
Indirect discrimination – Where provisions are put in place in order to single out employees
Harassment – Violation of an employee’s dignity or creation of a hostile environment
Victimisation – Where an employee’s beliefs or actions mean that they are treated in a less favourable manner
What do I do if I feel discriminated against at work?
The first step should be to consult an employment law specialist about your rights and whether the treatment by your employer amounts to discrimination. We can guide you through the process of making a formal complaint to your employer or appealing a dismissal. Depending on the circumstances, it may be beneficial to attend mediation for help resolving the matter.
If going through the employer’s internal processes is unsuccessful and you want to take the matter further, you must inform Acas (the Advisory, Conciliation and Arbitration Service) that you are considering Employment Tribunal Proceedings. Acas will offer you the chance to take part in ‘Early Conciliation’ to attempt the settle the matter amicably without the need for a Tribunal judgment.
If Early Conciliation does not work, the final step is to make an application to the Employment Tribunal. We can draft and issue the employment claim on your behalf and represent you at all stages of the process up to a final hearing.
How hard is it to prove discrimination at work?
To prove discrimination and harassment you need to gather evidence to support your case, such as:
- A log of incidents
- Emails, texts and social media posts
- Witness statements
Your contract of employment and copies of your employer’s policies can also evidence whether they have treated you unfairly and/or handled your complaint correctly.
Depending on the circumstances of your case, compiling enough evidence to prove discrimination or harassment can be tricky. For example, not being invited to a work social event isn’t necessarily discrimination; not being invited to a work social event because you supported a colleague’s complaint about sexual harassment is (it is victimisation).
Part of our success stems from our ability to present evidence in its best possible light. We can advise you about the types of evidence you will need to compile and help you prepare your case, giving you the best possible chance of achieving a positive outcome.
Why choose Tayntons?
At Tayntons we understand that working in an environment that is discriminatory or causes you to feel harassed will leave you feeling deeply upset and troubled. If you believe that you have been a target of any form of discrimination or harassment then it is time you sought legal advice.
Our team of expertly trained employment specialists are here to offer legal advice and support, as well as a listening ear.
Contact our harassment and discrimination solicitors in Gloucester
For specialist workplace advice for employees, contact our employment lawyers in Gloucester by giving us a call or filling in our online enquiry form. Our clients come from across the South West, including Gloucestershire, Cheltenham and the Forest of Dean.