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DISCRIMINATION

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We know that if you are treated badly and/or less favourably than others just because you are different or are perceived to be different, this can prevent you from using services available to others, taking advantage of opportunities open to others, from participating fully in society, and in some cases, deny or rob you of your rights.

Williams Hortor is here to help you to deal with any situation in which you feel you may have been discriminated against. Check below to see whether the law protects you in your particular situation.


WHO IS PROTECTED FROM DISCRIMINATION?

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Anti-Discrimination laws protect individuals with certain specified characteristics from being treated unfairly or differently to others who are in the same or a similar situation to them. The law also protects those who others may think are different in any of these ways, even though they are not in reality.

 

The specific characteristics, which the law protects, known as the “protected characteristics” are those relating to a person’s

  • Age
  • Disability
  • Gender Reassignment
  • Marital Status
  • Civil Partnership Status
  • Pregnancy and Maternity
  • Race
  • Religion or Belief
  • Sex
  • Sexual Orientation
 

A note on limits

If you wish to bring a claim in the employment tribunal you must usually do this within 3 months less 1 day of the unfair treatment. Different time limits apply in redundancy and Equal Pay claims.

Any other discrimination claim must be brought in the county court within 6 months less 1 day of the unfair treatment.


There law also protects the following categories of workers from discrimination

 

  • Agency workers
  • Part time workers
  • Fixed term workers
  • Trade union reps

 

HOW CAN I TELL THAT I AM BEING DISCRIMINATED AGAINST?

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Discrimination can manifest in a variety of ways, including

Direct discrimination where you have been treated unfairly because you have a protected characteristic or because you are, or have been associated with a person with, a protected characteristic.

Indirect discrimination ie unfair treatment through rules, criteria or policies of general application which disadvantage you or others who share the same protected characteristic as you.

Harassment where you are bullied or intimidated because of a protected characteristic, or because you are or have been associated with a person with that protected characteristic.

Victimisation where you are treated unfairly or harassed because you have previously complained about unfair treatment either of yourself or of another person, who has a protected characteristic.

Discrimination arising from disability - where you are discriminated against because of something arising in consequence of your disability.

Discrimination also occurs where, in relation to disability, an employer or service provider fails to make a reasonable adjustment. These apply regardless of whether the treatment relates to the provision of goods, facilities and services or to an employment situation, and protection from discrimination in employment also covers recruitment and post-employment.


HOW WE CAN ASSIST YOU
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If you feel that you that have been treated unfairly in any of the ways listed above, we can assist you with the steps which you need to take to resolve matters or obtain redress. These include:

 

  • Completing a Questionnaire which you can send to your employer or the person who treated you unfairly, to ask them the reason for the treatment and to ask them to provide answers to other specific questions.
  • Advising or assisting you in relation to a grievance which you can raise with your employer in relation to the unfair treatment
  • Drafting a letter to your employer.
  • Drafting a letter to the provider of the goods, facilities or service in relation to which you have been or are being treated unfairly.
  • Drafting your legal claim for the tribunal or court, as the case may be.
  • Representing you in a tribunal or county court proceedings.
If you are not sure whether how you have been treated gives rise to a claim, we offer a no obligation fixed fee consultation to discuss the treatment, and the merits of any potential claim.


CONTACT US

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Contact us for a preliminary discussion to see how we can assist you. Call us to book an appointment on 01920 871 519 or email us at abi@williamshortor.com or info@williamshortor.com