As an employee, if you are struggling at your workplace not because of your performance but due to discrimination of any sort, it’s time to consult the employment tribunal. Whenever an employee starts feeling worked up at work, making the employment tribunal claim can save the person from further embarrassing moments. The grievance is dealt with by the experienced employment solicitors or employment lawyers who work along the lines of U.K. Discrimination Law to seek you justice.
According to the discrimination law, you, as the employee, are protected against discrimination that comprises:
- Unfair dismissal
- Violation of your employment’s terms and conditions
- Less pay package and benefits
- Transfers and promotions
Wondering why you are consistently being treated differently?
Discrimination is a simple mindset of a person, group of people, or society as a whole that doesn’t want to look beyond the superficial realm. It is based on a perception that is hard to fathom and can be changed only to a certain extent. From nationality, colour, race to sexual orientation, and religious beliefs to sexual orientation, discrimination can be done on various levels.
The Equality Act 2010 states that an employer must desist from discriminating its staff members on the following grounds:
- Sexuality and gender
- Civil partnership
- Race – colour, religion, beliefs, religion, and nationality
- Sexual orientation – indirect discrimination
- Harassment – physical abuse
Political or philosophical beliefs are not covered by the act per se; they are akin to religious ones. You can take advantage of the employment discrimination law at work, in education, as a consumer, public, and home buyer.
An employee when under stress or treated unjustly due to any of the aforementioned reasons has all the right to take an action against discrimination. As a matter of fact, the discrimination legislation not just applies throughout the employment but it begins playing its role starting from the recruitment process and till the dismissal.
When you are treated unfavourably throughout your tenure in the organisation and the employment is negligent to your allegations, making a tribunal claim is the only way out. Astoundingly, a section of employers fail or do not conduct a thorough investigation of the employees’ complaints. The failure to investigate act of discrimination can land the employers and their reputation into trouble.
If your employer has taken an initiative to look into the matter, here’s what to expect:
- A thorough investigation
A sensible employer would never ignore or discourage the discrimination complaints or tribunal claims rather, conduct a thorough investigation. Sufficiently investigating a certain issue can save the employers from reputation damage.
- Least biased investigation
Sometimes, the employers put forward an obvious source of bias to conduct an investigation. However, when an employment solicitor is involved in your case, things are more likely to proceed with least biasness.
- Hearing of your side of the story
You will be able to tell your side of the story and given space to justify your viewpoints and feelings and the trauma that you underwent due to the indifference by your employer.
- Effective responses that are also consistent
A little step by you can have you bring substantial changes in the organisation. Immediately after conducting the internal investigation, the employer is more likely to start treating the similar co-workers better.
- Proper reviewing of the documents
The investigator will go the extra yard to determine the documents that would be useful in order to address the discrimination complaint raised by you. E-mails, text messages, and performance reviews are some of the relevant documents that can help substantiate the investigation.
- Appropriate remedial action
Effective steps will be taken to improve the conditions at work for the rest of the employees and for eliminating any discriminatory conduct to prevent the chaos in future.
- Documenting of the investigation
The investigator would take proper notes of investigation at every step of the way because those notes are to be disclosed in litigation.
You, as the complaining employee, would be notified by your employer of the result and ensured that the discrimination or retaliation will not be repeated going forward.
What if a company fails to investigate the act of discrimination?
Failure to investigate an act of discrimination can have the employers face severe implications including sanctions or civil fine. Being reluctant to comply with the rules and follow the employment law can get the businesses into trouble. The refusal to take an immediate action can drag the employer in contempt of court with the responsible authorities facing jail time.
If you think you have been discriminated against, realise it’s a realisation. An employer must conform to law on preventing discrimination at work. Failing to oblige by the rules and regulations may land even the biggest ventures like Tesco in trouble. From not hiring someone to choosing a particular person for employment redundancy, and treating one or group of employees less favourably than the rest, discrimination can include many things.
Moreover, living and working in the United Kingdom alone can bring you the privilege to enjoy employment benefits. Besides making the tribunal claims when wronged, as a worker of a multinational company based in the UK and with presence elsewhere in Europe, you have the various rights reserved. You can ask your employer to set up the European Works Council Directive, EWC – a legal procedure that represents the staff of multinational companies to represent in the European Economic Area (EEA). It enables you to put across your thoughts in matters related to management or transitional issues.
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Tom Street qualified as a solicitor in 2003 and has over 20 years experience in employment and litigation law. He studied law at the University of Manchester before undertaking the legal practice course at the College of Law in Guildford, going on to complete his legal training at a firm in Chancery Lane, London. Once fully qualified, he moved to a niche litigation practice in the City of London.
In 2010, Tom set up his own legal practice, Tom Street & Co Solicitors and as part of this, in accordance with his strongly held objective to provide everyone with an easy pathway to justice he established the online portals Do I Have A Case? and Tribunal Claim. These websites are trading names of Tom Street & Co Solicitors.