Gardner Leader

Discrimination

There are now more grounds than ever on which it is unlawful for an employer to discriminate against an employee. They include:-

• Sex
• Race
• Disability
• Religious belief
• Sexuality
• Marital status
• Part-time status
• Age

It is essential for employers to have proper policies and procedures in place to minimise the risk of actions being taken which, either deliberately or inadvertently, discriminate against particular employees (or potential employees). Employers need to consider every aspect of the employment relationship, from recruitment to retirement (where statutory procedures must now be carefully followed to prevent a retirement being an automatically unfair dismissal).

Such policies also need to cover harassment, which is a particular form of discrimination. An employer can be liable for the actions of other employees if they are harassing a colleague. What one person might see as playful banter can be deeply offensive to the person on the receiving end, and it is the recipient’s view which generally determines whether it is regarded as harassment.

Discrimination claims can be made by any employee, regardless of their length of service. Indeed potential employees who feel they have been discriminated against can also claim. There is no limit on the amount of compensation which can be awarded.

We can help you defend the claim – we would rather help you put in place the policies and procedures which will reduce the risk of you ever having to face one.

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