Discrimination law is different
Discrimination claims can be based upon sex, marital or civil partnership status, racial grounds, disability, gender re-assignment, religion or belief, sexual orientation, pregnancy or maternity leave, age and fixed term or part-time working.
The following notes are a brief summary of some important differences between discrimination and other areas of employment law.
No upper limit - If there is a finding of discrimination there is no statutory maximum on the amount that can be awarded.
Qualifying period - An employee does not need to have served a qualifying period of service in order to lodge a discrimination claim. In fact even job applicants can bring a claim.
Injury to feelings - There can be an additional award in discrimination cases for injury to feelings.
Not just dismissal - Discrimination claims can be brought where no dismissal has taken place. So a claim can be brought by an employee while still working within a business.
Three month time limit - The Tribunal has the power to extend the usual 3 month time limit if it decides that it would be “just and equitable” for them to do so.
Harassment - Claims can be brought for harassment based on discrimination and the procedures are different to those relating to non-discriminatory harassment cases.
Burden of proof - In discrimination claims the burden of proof can shift from the employee to the employer once the employee is able to provide some evidence of discrimination.
The above information is not intended to be a complete or definitive statement of the law. For more information or advice please contact our Employment Law team.
