Discrimination Avoidance Case Study

Avoid Discrimination

Protected characteristics under the Equality Act need to be considered thoroughly to avoid discrimination.

Be Prepared, Call Employers' Champion

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Protected characteristics under the Equality Act need to be considered in your Equal Opportunities policy and a routine approach to equal opportunities within the workplace to avoid:

  • Age discrimination
  • Disability discrimination
  • Gender Reassignment discrimination
  • Marriage and Civil Partnership discrimination
  • Pregnancy and Maternity discrimination
  • Race discrimination
  • Religion or belief discrimination
  • Sex discrimination
  • Sexual Orientation discrimination
  • Equal Pay claims

All these types of potential discrimination require an understanding not only of the different elements contained within them but also the common strands that run throughout employment law including the Equality Act, in order to successfully avoid unintentionally discriminating against an employee.

Avoid Discrimination

Be Prepared, Call Employers' Champion

0775 385 6107

The following 'Reported Examples' (not examples Employers’ Champion has been involved in) of employers being found to have discriminated against their employees contrary to their Equal Opportunities obligations provide clear support to obtain expert advice and preparation for avoidance:

 

An Accounts Manager went off sick with stress and submitted a grievance about bullying concerning a meeting in which his superior was rude to him.

The grievance process was mismanaged over many months during which time there were breaches of the employer's duty to make reasonable adjustments. This included that the company should have conducted its own independent review of the bullying allegation.

Consequently the employee failed to recover his health and was eventually dismissed. The Tribunal considered he had suffered a significant injury to his feelings and awarded him £17,600.

Avoid Discrimination

A senior employee was dismissed which was found by the Employment Tribunal to be discrimination by the company on the grounds of his age.

The company considered that it was top heavy with 'older, grey-haired consultants' and should recruit 'cheaper, younger consultants'. The employee was considered 'stuck in his ways' and the redundancy selection was pre-determined, based on his age.

His general health deteriorated as a consequence of feeling ‘past it’, he had trouble sleeping and he was diagnosed with depression.

He was awarded £16,480 for injury to feeling plus compensation for loss of earnings.

Avoid Discrimination

An employee was racially discriminated against through a flawed and discriminatory redundancy selection process.

The employee's manager subconsciously favoured her ongoing small team of employees and a number of them were excluded from the redundancy selection process.

The claimant's sleep was affected, he had mood swings, his self-esteem and confidence were damaged and his relationship with his family affected.

There was a total failure by the company to offer any form of apology to him at any time. The Employment Tribunal awarded him £15,000 for injury to feeling.