Unlawful discrimination has a wider scope than unfair dismissal and can give rise to much more valuable and costly claims.
Unlike unfair dismissal and redundancy there is no minimum qualifying period for an employee considering a discrimination claim. Sometimes claims even arise out of recruitment processes.
Successful claims can lead to awards not only for loss of earnings and other items recoverable for unfair dismissal but also damages (i.e. compensation) for injury to feelings, psychiatric illness and in appropriate cases, exemplary or aggravated damages intended to mark the Tribunal’s disapproval of the respondent’s conduct.
There is no limit on the value of compensation that can be awarded in a discrimination claim. There does not need to be a dismissal and a claimant can remain in their post whilst pursuing a claim, awkward though it may be.
Discrimination can be direct or indirect, the latter by application of policies or procedures which some employees or groups of staff find more difficult to observe.
Discrimination claims may stand alone but more often are linked with potential unfair dismissal situations. Often, for example, efforts to tackle long term sickness absence and capability issues will raise the subject of disability discrimination and employers’ compliance with the duty to make reasonable adjustments.
Whichever side you are on, we can help, not only with strict application of the law but an understanding of the tactical angles from both employee’s and employer’s perspective.
As in all such situations, the earlier you instruct us the better. Contact us by email or telephone 01460 200450.