Discrimination, Harassment and Victimisation

Equality and diversity in the workplace is an important and sensitive issue. Employers and employees must ensure the implementation of and compliance with policies, procedures and training, and allegations of discrimination, harassment and victimisation must be properly investigated and acted upon in line with internal procedures. The specialist employment team at O’Donnell Solicitors is experienced in providing advice on the management of discrimination issues and claims arising in the workplace.

What is discrimination?

Discrimination in the workplace is primarily governed by the Equality Act 2010.

Discrimination is unlawful if it is based on any of the following protected characteristics:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race including colour, nationality, ethnic or national origin
• Religion or belief
• Sex
• Sexual Orientation

The Equality Act 2010 defines several forms of discrimination including:

• Direct Discrimination – Treating someone less favourably because of a protected characteristic.

• Indirect Discrimination – Applying a provision, criterion or practice that disproportionately disadvantages people with a protected characteristic.

• Harassment – Unwanted conduct related to a protected characteristic that violates dignity or creates a hostile environment.

• Victimisation – Treating someone unfairly because they have made or supported a complaint about discrimination.

Who can bring a discrimination claim?

A wide range of individuals can bring a discrimination claims if they have been treated unfairly due to a protected characteristic. This includes employees, workers, job applicants, trainees and apprentices, partners in a firm and even self-employed individuals.

Unlike claims for unfair dismissal, employees do not need to have been employed for two years to be able to bring a discrimination claim.

What is the time limit for bringing a discrimination claim?

An employee must file a claim for discrimination with the Employment Tribunal within three months less one day of the date of the act of discrimination.

Early ACAS conciliation is required before filing a claim with the Employment Tribunal. Commencing early ACAS conciliation before the expiry of the limitation period for bringing the claim will result in an extension of up to six weeks.

Failing to file a claim with the Employment Tribunal, or commencing early ACAS conciliation, within the limitation period will mean that the claim will be statute barred and no further action can be taken in relation to it.

The time limit can be extended by an Employment Tribunal if it decides that it was not reasonably practicable for a claim to have been presented within the limitation period. It can be difficult to persuade an Employment Tribunal to exercise its discretion to extent time for presenting the claim. It is therefore imperative that specialist employment law advice is sought as soon as possible if an employee wants to make a claim.

What are the remedies for a successful discrimination claim?

The remedies for successful discrimination claims are designed to provide redress for the harm suffered and to encourage employers to adopt fair and inclusive practices. Potential remedies include:

• Uncapped compensation for injury to feelings, financial losses and aggravated damages.
• A declaration that the employer has acted unlawfully.
• Recommendations for the employer to take specific actions such as providing training and changing policies.

Compensation for injury to feelings is based on the Vento bands. From 06 April 2025, the lower band, for less serious cases such as one-off incidents is £1,200 to £12,100. The middle band, for moderate cases that do not justify an award in the upper band, is £12,100 to £36,400. The upper band for the most serious cases such as prolonged or deliberate discrimination, is £36,400 to £60,700. Awards exceeding £60,700 are possible in the most extreme cases. The Vento bands are reviewed annually with new rates coming into effect on 06 April each year.

Compensation for financial losses is calculated in the same way as for unfair dismissal claims save that there is no cap on the award.

Aggravated damages may also be awarded if the employer’s conduct was particularly malicious or oppressive.

An Employment Tribunal can declare that an employer has acted unlawfully, giving the claimant a sense of justice. It can also make recommendations that the employer take specific steps to reduce the impact of discrimination on the claimant and others in the workplace. This may include implementing or revising policies, or providing training to staff on equality and diversity. The Tribunal cannot enforce recommendations, but failure to comply with a recommendation may be taken into account in future claims.

Contact our specialist employment law solicitors

The specialist employment team at O’Donnell Solicitors has experience in helping both employees and employers to navigate the complexities of discrimination issues and claims.

For employees, we provide advice on discrimination issues in the workplace, including raising grievances with an employer, advising whether a claim exists and what the prospects of success are, assisting with filing a claim with the Employment Tribunal, and negotiating settlements. We are committed to ensuring clients can fight for their rights and secure fair outcomes when discrimination, harassment and victimisation issues arise in the workplace.

For employers, we offer a cost-effective focus on risk management and compliance to avoid tribunal claims. We provide clear, strategic advice on compliance with the Equality Act 2010, conduct audits of workplace practices and policies to ensure that they are as robust as possible, and deliver tailored training sessions on equality and diversity. Where a discrimination claim is filed, we will work with you to defend the claim in a time and cost-effective way, managing the financial and reputational risks to your business.

If you would like to speak to one of our specialist solicitors about a discrimination issue or claim, please contact the Employment Team at 01457 761 320 or e-mail enquire@odonnellsolicitors.co.uk.