Discrimination

The law in respect of discrimination can be extremely complex - often employers apply provisions and practices which unlawfully discriminate without realising.

Compensation for unlawful discrimination is often much higher than in other areas of employment law, primarily because those who have suffered discrimination can achieve compensation to reflect the injury to their feelings.

It should also be noted that the law in respect of discrimination does not merely protect employees - it extends to workers and sub contractors. It also extends to potential employees and those who have left the business. The employer can be liable for the acts of its employees and workers - employers liability for discrimination is not merely confined to management, it extends to all those acting in the course of the business.

You should consider the potential consequences of discrimination law in all your activities in relation to staff. For example:

• Is an employee's under performance caused by a potential disability?
• Are there any reasonable adjustments I can make to enable the employee on long term sick to return to work?
• Can I justify not allowing the employee to work flexibly on her return to work from maternity leave?
• Does the bonus scheme discriminate against disabled staff or those on maternity leave?
• Can I justify why I did not employ a particular job applicant?
• Does the proposed change in hours cause any problems for females with childcare responsibilities or any staff with particular disabilities?

It is vital that you have a relevant and operational equal opportunities policy in place. The policy needs to be communicated to staff and everybody should be aware of their responsibilities.

Our team is experienced in drafting bespoke equal opportunities policies which suit your business and can assist in ensuring that it is communicated to staff.

We can assist you in ensuring that you do not fall foul of the anti-discrimination laws and help in dealing with any complaints of discrimination. We will guide you through the complex nature of discrimination law so that you do not discover much later at a costly Employment Tribunal that you were inadvertently discriminating.

If you have any questions with regards to discrimination please do not hesitate to contact Andrew Moore, andrew.moore@clough-willis.co.uk
for assistance.