Employees will often have a deep seated grievance, and will want to explore whether an employer's conduct - or that of a colleague or other business contact - is lawful. Discrimination arises when an individual is subjected to less favourable treatment on any of the prohibited grounds or treatment which fails to recognise a disability. These are gender, maternity issues, sexual orientation, race, nationality and ethnicity, age, disability, religious and philosophical belief.
Discrimination may take many forms. It may be direct, when an individual is subjected to detrimental treatment on one of the prohibited grounds, or through stereotyping. It may be indirect if a condition is set which persons of a particular grouping are less able to satisfy and which places them at a disadvantage. Alternatively, discrimination can take the form of harassment or victimisation.
Discrimination in any of these forms can occur during or after termination of the employment relationship and an example of this might arise if the employer refused to give a reference due to discrimination.
We regularly advise employees how to deal with discriminatory conduct during employment, explore whether disputes can be resolved, and will pursue claims when they cannot be. We have particular expertise in advising in respect of disability discrimination issues.