DISCRIMINATION

The law which says you mustn't be discriminated against is called the Equality Act 2010. Suppose you've been discriminated against, and you've not been able to sort things out with the person or organisation who's discriminated against you. In that case, you can contact us for our expert assistance and to pursue with this matter.

CONDITIONS TO MAKE DISCRIMINATION CLAIM

When you make a discrimination claim, you need to show the court evidence that you've been treated unfairly and that the reason you've been treated unfairly is because of a protected characteristic in the equality act which might be any of the following:

1. Age
2. Gender reassignment
3. Disability
4. Pregnancy and maternity
5. Race
6. Religion or belief
7. Sex
8. Sexual orientation

AGE DISCRIMINATION

Age discrimination encompasses various forms such as direct discrimination, indirect discrimination, victimization, and harassment, affecting aspects like recruitment, internal promotions, and benefits like training and bonuses. It applies to both younger and older workers.

DIRECT AGE DISCRIMINATION

It occurs when someone is treated less favourably due to their age compared to others.

INDIRECT AGE DISCRIMINATION

It happens when a practice puts an individual at a disadvantage due to age. Age-related Harassment involves offensive behaviour that creates a hostile environment. Employers can potentially justify age discrimination, though it's rare.

HARASSMENT

Age harassment involves offensive or distressing behaviour based on age, violating dignity or creating a hostile work environment. Examples include offensive comments about ageing, age-related nicknames, or exclusion from social activities due to age. Pressure to retire can also constitute age-related harassment.

Harassment can be based on perceived age or the age of someone associated with you. Even if not directed at you, offensive behaviour can still be harassment if it targets a protected characteristic. Younger employees can also experience age harassment, such as being teased for having a youthful appearance.

The law extends to third-party harassment, where clients, customers, or suppliers subject employees to unwanted conduct. Employers are liable if they fail to prevent such harassment after being informed of it on multiple occasions.

VICTIMISATION

This is where you are treated less favourably because of you having made, tried to make, or helped someone else to make or assumed to have made, a complaint or grievance of age discrimination under the Act.

RELIEF FOR AGE DISCRIMINATION:

Compensation as a remedy or relief for age discrimination follows the Vento guidelines, categorized into bands based on severity.

1. Band 1 - £900 - £8,800;
2. Band 2 - £8,800 - £26,300;
3. Band 3 - £26,300 - £44,000

DISABILITY DISCRIMINATION

Disability discrimination encompasses various forms of unfair treatment, victimization, or harassment based on an individual's disability status. Certain disabilities, such as blindness, cancer, HIV, Multiple Sclerosis, and severe disfigurements, are always covered under the Equality Act 2010.

EXCEPTIONS TO DISABILITY DISCRIMINATION

Conversely, disabilities like substance addiction, exhibitionism, voyeurism, tattoos, and tendencies to abuse others are typically not covered unless they stem from an eligible disability.

UNDEFINED DISABILITY DISCRIMINATION

In cases where a disability isn't specifically defined, the Tribunal assesses whether an individual has a long-term, substantial impairment affecting day-to-day activities.

DIRECT DISABILITY DISCRIMINATION

It occurs when someone treats another less favourably because of their disability. Positive discrimination in favour of disabled individuals is permissible. Discrimination arising from disability arises when someone is treated unfavourably due to the consequences of their disability, but not the disability itself. Employers must make reasonable adjustments to ensure disabled workers aren't significantly disadvantaged, such as providing wheelchair access or offering flexible working arrangements.

INDIRECT DISABILITY DISCRIMINATION

Indirect disability discrimination occurs when a policy disadvantages disabled individuals disproportionately unless the employer can justify it to achieve a legitimate aim.

DISABILITY HARASSMENT

It involves unwanted conduct related to disability that violates the victim's dignity or creates a hostile environment.

VICTIMISATION

It occurs when someone faces detrimental treatment for raising a complaint or grievance about discrimination.

REMEDIES FOR DISABILITY DISCRIMINATION

The remedy available for disability discrimination is compensation, including financial losses and injury to feelings, which is unlimited and can be increased if the employer's actions are particularly malicious.

PREGNANCY AND MATERNITY DISCRIMINATION

Under the Equality Act 2010, it is unlawful for businesses to treat pregnant employees or those on maternity leave unfairly. We understand that facing such discrimination can be extremely stressful. Our solicitors specializing in pregnancy and maternity discrimination are here to assist you. Pregnancy and maternity are recognized as 'protected characteristics' under the Act, ensuring your rights and legal protection against workplace discrimination.

ELIGIBILITY CRITERIA TO GET A CLAIM

If you have been dismissed due to pregnancy if your dismissal occurs:

1. Because of your pregnancy or any related reason.
2. Due to childbirth or any related reason.
3. For taking maternity leave.
4. For exercising any of your contractual employment rights while on maternity leave.

In addition to, you are also a victim of discrimination due to pregnancy if you have been:

1. Suspended from work on medical or health and safety grounds.
2. Made redundant during or at the end of your maternity leave without being offered a suitable alternative position.

RIGHTS OF PREGNANT EMPLOYEES

1. Paid Time Off for Antenatal Care: Employees have the right to paid time off for antenatal appointments.
2. Maternity Leave: All employees are entitled to take maternity leave.
3. Maternity Pay (if eligible): Employees may qualify for maternity pay.
4. Protection Against Unfair Treatment: Pregnant employees are protected against discrimination, unfair treatment, or dismissal.

ELIGIBILITY CRITERIA FOR MATERNITY LEAVE

Every employed woman is entitled to take maternity leave.

DURATION OF MATERNITY LEAVE

1. Statutory Maternity Leave: Up to 52 weeks of leave is available.
2. Compulsory Maternity Leave: At least 2 weeks (4 weeks for factory workers) of leave must be taken immediately after the birth.

ELIGIBILITY CRITERIA FOR MATERNITY PAY

1. Have worked for their employer for at least 26 weeks by the 15th week before the expected week of childbirth.
2. Earn an average of at least £107 a week.
3. Provide at least 28 days' notice.
4. Submit proof of pregnancy, such as a doctor's letter or a MATB1 certificate from a midwife.

SEX DISCRIMINATION

According to the Equality Act 2010, it is illegal for employers to discriminate against employees based on their sex. This doesn't just mean that women should receive equal pay to men for the same work; it also means that men can face discrimination in the workplace. For instance, while maternity leave is generally accepted, paternity leave might be discouraged or viewed negatively.

DIRECT DISCRIMINATION

This occurs when an individual is treated less favourably because of their sex.

INDIRECT DISCRIMINATION

This happens when company policies or practices apply to everyone but disadvantage one sex disproportionately.

VICTIMISATION

This occurs when someone is treated unfairly because they have complained about sex discrimination. This could involve raising a grievance about being denied flexible working arrangements to manage childcare or reporting sexist behaviour in the workplace.

SEXUAL HARASSMENT

This type of discrimination can affect both men and women and includes unwanted sexual comments, innuendo, or physical harassment. This behaviour can create a distressing work environment, and it is the employer's responsibility to address and stop such conduct immediately.

Harassment on the Grounds of Sex: This form of harassment involves unwanted conduct related to an individual's sex. Examples include name-calling or derogatory comments based on gender, which the victim finds offensive or degrading. This type of harassment can affect both men and women.

HARASSMENT AND BULLYING

"Bullying within the workplace" encompasses a range of behaviours but typically refers to the exertion of force, intimidation, or coercion to mistreat, intimidate, or assert dominance over others. This conduct is often repetitive and entrenched. Bullying and harassment collectively entail behaviour that causes someone to feel intimidated or offended, and these terms are frequently used interchangeably. If workplace bullying qualifies as harassment under the Equality Act 2010, the claim can be pursued under this legislation. Otherwise, A claim under the Protection from Harassment Act 1997 can also be made.

ELIGIBILITY CRITERIA FOR CLAIM AGAINST HARASSMENT

UNDER THE PROTECTION FROM HARASSMENT ACT 1997:

1. Occurrences of conduct on at least two occasions;
2. Targeted towards the claimant;
3. Calculated objectively to cause distress; and
4. Assessed objectively as oppressive and unreasonable.

UNDER THE EQUALITY ACT 2010

1. You've been subjected to unwelcome conduct.
2. This conduct is related to a protected characteristic.
3. This conduct has the purpose or effect of violating your dignity, humiliating, degrading you, or creating an offensive work environment.

It is difficult to work on the job when you are being discriminated, harassed or bullied. It can affect a person mentally. But it is also important to raise the voice against this discrimination and harassments. You need the advice and support of an expert in cases related to discrimination, harassment and bullying. We assure you that we offer the advice which is best for you. Don't worry about getting a good solicitor because you have reached the right platform. RLC Solicitors are here to help. We know what is best for you and will offer you our best legal advice. RLC Solicitors are here, to assist and guide you at every step of the process.

TUPE - Transfer of Undertakings (Protection of Employment) Regulations

When a business changes ownership, its employees may be protected under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE).

TUPE PROTECTION

TUPE regulations apply to employees of businesses operating in the UK, regardless of the business's size or where its head office is located, if the part of the business being transferred is in the UK.

TUPE APPLIES WHEN:

1. Employees' jobs typically transfer to the new company, except in cases of redundancy or certain instances of insolvency.
2. Their employment terms and conditions are preserved.
3. Continuity of employment is maintained.

PUBLIC SECTOR TRANSFERS

While transfers within the public sector typically fall outside TUPE's scope, some transfers from the public sector to the private sector may be covered. Nonetheless, public-sector employees receive comparable protection.

BUSINESS TRANSFERS

In a business transfer, a business or a segment of it moves from one employer to another. This encompasses mergers where two companies amalgamate to form a new entity. To be safeguarded under TUPE during a business transfer, there must be a change in the employer's identity.

SERVICE PROVISION CHANGES

Service provision changes occur when:

1. An in-house service (e.g., cleaning, workplace catering) is outsourced to a contractor.
2. A contract expires and is awarded to a new contractor.
3. A contract expires, and the work is brought in-house by the former client.

EXCEPTIONS UNDER TUPE

Employees are not covered under TUPE if the contract involves:

1. Supplying goods for the company's internal use (e.g., a restaurant changing food suppliers).
2. Engaging in a single event or short-term task (e.g., hiring a catering company for a large corporate event).

Only employees clearly identified as providing the transferred service are protected.

STEPS TAKEN PRIOR A TRANSFER OF OWNERSHIP

Prior to a transfer of ownership, employers are required to inform trade unions or employee representatives about:

1. The impending transfer, its timing, and reasons behind it.
2. The anticipated impact of the transfer on employees.
3. Any planned reorganization.
4. Details regarding the use of agency workers, including the number employed and the nature of their work.

Failure to comply with these requirements may result in penalties for employers.

REPRESENTATION REQUIREMENTS

In workplaces with a trade union, employers are obligated to inform and engage in consultations with representatives from the union. In the absence of a trade union, employers must inform and consult other designated employee representatives.

If there are no designated employee representatives:

1. Employers with fewer than 10 employees can directly inform and consult with their employees.
2. For transfers completing on or after July 1, 2024, employers with either fewer than 50 employees or transferring fewer than 10 employees can directly inform and consult with their employees.
3. Otherwise, an election must be held to appoint employee representatives.

TUPE transfers are a complicated topic which requires legal assistance to understand. We assure you that we offer the advice which is best for you. Don't worry about getting a good solicitor because you have reached the right platform. RLC Solicitors are here to help. We know what is best for you and will offer you our best legal advice. RLC Solicitors are here, to assist and guide you at every step of the process.

BREACH OF CONTRACT

An employment contract establishes the legal relationship between you and your employer, typically documented in writing. If your employer does not adhere to the terms of your employment contract, they may be in breach of contract. Our employment lawyers specialize in drafting and advising on employment contracts and are well-equipped to assist with any issues or disputes that may arise. We recommend consulting us before engaging in any potentially contentious discussions with your employer regarding your employment contract terms.

REASONS OF EMPLOYMENT CONTRACT DISPUTES

Employment contract disputes commonly occur in the following situations:

1. When an employer violates a contractual term, such as by not paying salary, bonuses, or commission.
2. When an employer seeks to modify the contract.
3. When there is ambiguity in the interpretation of a term or condition.
4. When an employee wishes to enforce a provision that was discussed with the employer but not adequately included in the written contract.
5. In matters concerning an employee's post-termination restrictions or restrictive covenants.

REMEDIES FOR BREACH OF EMPLOYMENT CONTRACT

You have the option to seek compensation from your employer while continuing your employment. Alternatively, if the breach is severe, you can resign and file a claim for constructive dismissal.

UNFAIR DISMISSAL

Every employee who meets the qualifying period of service is entitled to protection against unfair dismissal. If a dismissal is to occur, the employer must demonstrate that the reason (or, if multiple reasons, the primary reason) falls within one of the categories specified in the Employment Rights Act 1996 below. The five categories are as follows:

1. The employee lacked the necessary capability or qualifications for the job they were hired to perform.
2. The dismissal was due to the employee's conduct, such as dishonesty, poor attendance, failure to follow instructions, which could constitute gross misconduct.
3. There was a legitimate redundancy.
4. Continuing the employment would violate a statute, such as needing to drive for the job but being banned from driving due to speeding.
5. The fifth category is "Some Other Substantial Reason (SOSR)." This includes dismissals that do not fit into any of the aforementioned categories. Examples include a personality clash with your employer, non-renewal of a fixed-term contract used for maternity leave cover, or refusal to accept new changes to your terms and conditions. Each case is evaluated based on its own circumstances.

Unless your employer can demonstrate one (or more) of these five valid reasons for dismissal, your termination will be considered unfair.

ELIGIBILITY CRITERIA TO CLAIM IN EMPLOYMENT TRIBUNAL

If an employee has attempted to appeal and wishes to pursue the matter further, they may consider filing a claim with an employment tribunal and we can help you with for the same with our expert assistance.

An employee generally has the right to file an unfair dismissal claim with an employment tribunal if:

1. They hold 'employee' employment status.
2. They have been employed by their current employer for at least two years.

However, if the dismissal was for an 'automatically unfair' reason, the length of employment does not matter.

DURATION FOR MAKING A CLAIM

There are strict deadlines for filing a claim with an employment tribunal. An individual has 3 months minus 1 day from the date their employment ended to make a claim.

In nearly all cases, the employment end date is either:

1. The last day of their notice period, or
2. The day they were dismissed if no notice was given by the employer.

CONSTRUCTIVE DISMISSAL

Constructive Dismissal occurs when an employer commits a serious breach of contract, allowing the employee to resign in response. The employee can consider themselves "dismissed" due to the employer's conduct, often termed a "repudiatory breach." For those without legal expertise, it might be confusing why a resignation is considered a "dismissal." Essentially, the employer's actions (the "constructive" part) lead to the employee's resignation (the "dismissal" part). Legally, this resignation is treated as a form of unfair dismissal by the employer, known as "constructive unfair dismissal."

JUSTIFICATION OF BREACH TO DEFEAT A CONSTRUCTIVE DISMISSAL BY EMPLOYER:

The employer cannot justify a breach to defeat a constructive dismissal. The determination of whether a breach has occurred is objective. The employer's intention and the circumstances leading up to the breach are irrelevant. For instance, if you are demoted and relocated to an unsuitable, cramped office due to economic pressures, this explanation does not negate the breach.

ELIGIBILITY CRITERIA TO CLAIM CONSTRUCTIVE DISMISSAL

You need to be employed at least for 2 years.

EMPLOYEE CAN CLAIM CONSTRUCTIVE DISMISSAL UNDER FOLLOWING CIRCUMSTANCES:

1. Being subjected to a forced salary reduction or threatened with one.
2. Demotion without valid reason or in violation of contract terms.
3. Unfounded allegations of poor performance.
4. Unjustified findings or reports to a regulator without opportunity for response.
5. Unreasonable disciplinary proceedings.
6. Significant changes to job responsibilities.
7. Harassment or bullying.
8. Unaddressed workplace stress, including being overworked.
9. Failure to provide reasonable accommodations for a disability.
10. Being compelled to work in violation of health and safety regulations.

MAKING A CLAIM FOR CONSTRUCTIVE DISMISSAL

Making a claim for constructive dismissal hinges on several factors. Continuous employment with the same employer for two years is typically required, except in exceptional cases like discrimination claims. The burden of proof rests on the employee to demonstrate that the employer's actions fundamentally breached the employment relationship. This contrasts with unfair dismissal claims, where the employer must justify the fairness of the dismissal.

While some breaches may be evident, others may present a gray area. Decisions in tribunal cases are context-specific, relying on what a reasonable person would consider intolerable conduct by the employer. The legal test centers on whether the employer exhibited clear intent to abandon contractual obligations.

AWARDS GIVEN TO EMPLOYEE IN CONSTRUCTIVE DISMISSAL