The law protects individuals against discrimination in connection with various protected characteristics – age, disability, sex, gender and gender reassignment, sexual orientation, marriage or civil partnership status, pregnancy and maternity, race, religion or belief.
It may be that you are feeling unsupported by an employer who is refusing to make workplace adjustments to accommodate your disability or are being overlooked for opportunities because of your sex or other protected characteristic.
We have advised on many discrimination matters and have brought successful discrimination claims against large employers. If you feel like you are being subjected to any negative treatment because of a protected characteristic, then get in touch.
How do I sue for discrimination at work?
You have three months to make a complaint to ACAS (Advisory, Conciliation and Arbitration Service). Once you have contacted ACAS they will then provide you with a certificate which gives you the right to take a claim in the employment tribunal system. You do not need to resign prior to making a claim (although you may choose to do so if believe that your employer has fundamentally breached your contract of employment).
Prior to this ACAS notification, there would be an expectation that you had tried to resolve matters within the organisation by raising a grievance but this is not compulsory. A failure to try and resolve matters may lead to a deduction in any award you win at the tribunal.
It costs nothing to raise a claim through the tribunal system or ACAS.
What is unfair discrimination at work?
Any detrimental treatment based upon or related to the protected characteristic (or an individual bringing a claim for discrimination or harassment or supporting another's claim) is likely to be unfair discrimination with only a few very narrow exceptions. There are a few situations set out in legislation where discrimination is allowed but these are very specific such as occupational requirements for a role or where employment is for the purposes of an organised religion or religious ethos.
In addition actions, decisions or policies even if not intended to treat anyone less favourably, but which, in practice, have the effect of disadvantaging a group of people with a protected characteristic can be indirect discrimination. Where such an action disadvantages an individual who has that characteristic, the disadvantage will amount to indirect discrimination unless it can be objectively justified.
What legally constitutes harassment at work?
There are three types of harassment. The first is where the individual is subjected to unwanted conduct related to a protected characteristic which has the purpose or effect of violating that individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for the individual.
There are then two further specific protections being harassment which is conduct of a sexual nature and less favourable treatment because of an employee's rejection of or submission to harassment of a sexual nature or harassment related to sex or gender reassignment
How can you prove harassment at work?
Harassment can be difficult to prove, there are often no witnesses to events. It is important for a victim of harassment to diarise what has been said and when this occurred. If witnesses are present then details of times, dates and their names should be recorded. Any written evidence should be retained, and copies of texts, emails or pictures which have upset you should be retained. If voicemail messages are left these also can be retained.
Here at Julian Taylor HR we're a small but very experienced team of employment law solicitors. What makes us different to other firms is that you're going to be working directly with one of us - we won't pass your case off to a junior, or someone else working behind the scenes.
JULIAN TAYLOR
JAYNE SINCLAIR
Chambers 2025 "The service provided by the firm is quick and efficient."
Julian Taylor is a well-regarded employment practitioner recognised for advising his clients on an array of HR-related disputes as well as negotiating senior employee exit terms. He is additionally adept at handling unfair dismissal claims and is noted for his experience in contractual issues and post-termination restrictive covenants.
- Julian does an amazing job in a way that's economically realistic for his client base and covers a full range of employment disputes.
- Julian has a very strong understanding of the situation. He gets the point quickly and offers sensible, logical advice.
- Julian was extremely knowledgeable on employment law. He's been very practical on dispute resolution and had a very clear understanding of how to deal with tribunals.
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- The team provides clear communication and practical advice.
- The Julian Taylor team are extremely responsive to any developments.
- We are confident in the Julian Taylor team's ability to handle complex and sophisticated matters. They take the time to understand our industry and provide relevant responses.
Employment boutique Julian Taylors Solicitors acts for both employers and employees on the full spectrum of employment-related mandates, with particular expertise in complex disputes with discrimination elements. Name partner Julian Taylor is recommended for contentious work and is praised by clients as 'always very responsive and reassuring in his approach'.
- Julian Taylor is a small yet highly knowledgeable employment law solicitor practice that offers exceptional and personalised service to its clients. The team at Julian Taylor is known for their expertise in dealing with complex employment matters while keeping the people involved at the heart of the matter.
- Julian Taylor is a highly experienced professional who leads most of our complex and sophisticated issues. He works closely with us to empower us to make informed decisions confidently. His knowledge of our business and expertise sets him apart from his competitors.
Speak to Equality and Discrimination Solicitors in Oxford.
Are you dealing with workplace issues? Our dedicated team of employment law specialists can help. We’ve dealt with numerous discrimination cases and workplace harassment. Get in touch with us today if you would like some help.