Discrimination at work

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Chambers Guide 2017/18: Humphreys & Co. handles unfair dismissal and unlawful discrimination claims, disciplinary and other internal procedures, TUPE issues, and post-termination restrictions. The team is particularly strong in acting for claimants, but also represents respondents. The practice’s caseload includes advocacy in a variety of employment tribunal claims and it has experience in acting in High Court, County Court and Employment Appeal Tribunal cases. 

Initial case analysis: options & recommendations

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    I am just writing to you again to update you on just how successful I have been under the guidance of Stephen Burbidge.  Against union legal advice, Stephen suggested the option of constructive dismissal. I went for it with a 33% chance of success. I got £10,000 in settlement at the end of the ACAS conciliation period so I did not have to go to court. The full settlement the court would have given me was  about £12,800. I liked the fullness of the information that Stephen gave me, together with his ideas on how to negotiate and his clear direction on specific issues – not to mention the alacrity with which he worked.  If I had not had his help and guidance, I would not have had the confidence to go for constructive dismissal nor to hold out for £10,000 and would have resigned and left my employment with a bitter taste. As it is, I am relaxed!

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    Disciplinary, grievance, misconduct, racism, harassment, discrimination at work:  advice & representation: tribunal claims

    Discrimination laws cover all areas of work including the terms and conditions in a contract of employment, behaviour and conduct during employment, treatment on returning from maternity or sick leave and discrimination at events outside of the workplace such as an office social. They also cover unfair dismissal and can be relevant to matters arising after termination of employment, such as references given by a previous employer which make remarks amounting to discrimination.

    Employees and directors have many rights protecting them against discrimination. Gender discrimination for example protects the right not to be discriminated against on the basis of gender and the right of women to equal pay for like work or work of equal value to work completed by men.

    The rights available to employees to protect them from discrimination cover basics such as pay, bonuses, salaries, holiday entitlement, but also cover rights to receive equal training and support as and the right to be considered equally for promotion, as well as the right not to be harassed or bullied.

    An employer can be held responsible for discrimination by its employees. It may also be liable for discrimination by an external body such as an employment agency.

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    As specialists in all employment discrimination claims, we are capable of handling all types of discrimination claims, including tricky cases where the discrimination is on the basis of more than one personal trait. It is not always just a question of race discrimination for example. There might also be issues of gender or age discrimination to consider.

    The feeling that you are being treated unfairly at work can be distressing. Consulting experienced discrimination solicitors will at least allow you access to sympathetic support and an understanding of where you stand under employment discrimination law.

    It’s prudent to consultant a discrimination lawyer sooner rather than later if you intend to bring a claim, as time limits apply. Discrimination cases can also be complex and so it is best to have an expert input on the process of proving your case early on.

    If an employment tribunal finds in favour of your discrimination claim you may be awarded damages for loss of earnings and injury to feelings.

    Success fee funding may be available for strong tribunal claims

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    Initial case analysis: options & recommendations