There is no limit to the amount of financial loss that can be awarded in a successful claim for discrimination. Litigation can involve significant management time and legal costs which are usually not recoverable even if the claim is successfully defended. Add to this, potential reputational issues, and you can understand why you need legal expertise on your side.
Discrimination law covers all employment areas from the recruitment process and terms and conditions of employment, to conduct during employment and termination.
An employer will often be held liable for the discriminatory actions of its employees. It may also be responsible for discrimination by external bodies, such as recruitment agencies, if they are acting with the employer’s authority.
An employer must not discriminate against those who are protected by the Equality Act 2010 based on:
- Sex
- Gender re-assignment
- Being married or in a civil partnership
- Being pregnant or on maternity leave
- Race (including ethnic or national origin, nationality and colour)
- Disability
- Sexual orientation
- Religion or belief
- Age
Our Employment Team work with you to identify potential discrimination risks before they escalate into claims. Our team provides practical guidance on implementing policies and procedures that promote equality and compliance across your organisation.
Don’t wait until a discrimination claim threatens your business. Contact Buckles today for a consultation and discover how our expert employment law team can help you create a compliant, inclusive workplace whilst minimising your risk of costly discrimination claims.
FAQS
What are the different types of discrimination?
The key types of discrimination include:
Direct discrimination: This occurs when someone is treated less favourably than others because of a protected characteristic, such as age, disability, race, gender reassignment, marriage or civil partnership, pregnancy or maternity, religion or belief, sex, or sexual orientation.
Indirect discrimination: Indirect discrimination happens when a policy, rule, or practice that applies to everyone has a disproportionately negative effect on individuals with a specific protected characteristic.
Harassment: Harassment refers to unwanted behaviour related to a protected characteristic that violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.
Victimization: This occurs when someone is treated unfairly because they have made or
supported a complaint about discrimination or raised a grievance under the Equality Act.
Discrimination arising from disability: Treating a disabled person unfavourably because of something connected to their disability, when this treatment cannot be justified, also counts as discrimination.
Failure to make reasonable adjustments: Employers and service providers have a duty to make reasonable adjustments to remove barriers that disproportionately disadvantage people with disabilities.
Understanding these types of discrimination is essential for fostering an inclusive workplace and ensuring compliance with the law.
What’s the difference between positive action and positive discrimination?
Positive action and positive discrimination are often confused, but they are distinct concepts with different implications in a professional or organizational setting. Positive action refers to measures taken to encourage or enable individuals from underrepresented or disadvantaged groups to participate fully in work or training. This includes targeted outreach, training programs, or mentorship initiatives designed to address systemic barriers and level the playing field. Crucially, positive action is lawful as long as it does not result in less favourable treatment of others.
On the other hand, positive discrimination involves favouring someone specifically because of a protected characteristic, such as disability, race, or gender, to the detriment of others who may be equally or more qualified. Positive discrimination is generally unlawful in most contexts as it undermines merit-based decision-making and can lead to reverse inequality. Striking the right balance through legal and fair positive action is key to fostering diversity without compromising equity or fairness.
How can I minimise discrimination risks in recruitment?
How to deal with false accusations of discrimination
Addressing false accusations of discrimination requires a systematic, fair, and transparent approach to protect the integrity of all involved. Begin by thoroughly investigating the claim to establish facts and context, maintaining detailed documentation of all relevant interactions, decisions, and workplace policies. This evidence trail is crucial for clarifying misunderstandings or refuting unfounded claims.
Engage in open communication where appropriate, demonstrating a genuine commitment to constructive resolution. In complex cases, involve neutral third parties such as HR professionals, mediators, or specialist legal advisors to ensure impartiality and fairness. Should your organisation encounter such a situation, seeking specialist legal guidance from the Buckles Law team will provide expert support and strategic advice.
Furthermore, organisations must implement clear anti-discrimination policies and comprehensive training programmes. Proactive education on diversity, inclusion and fair treatment minimises misunderstandings and strengthens trust. Adhering to a structured, respectful and legally informed approach is crucial for upholding fairness and mitigating negative impacts on workplace morale.
