Discrimination is against the law. Discrimination at work is when your employer treats you less favourably than others, on grounds that are not related to your competency or ability to do your job because you belong to a particular group or category. The particular group or category is known as a “protected characteristic”. The protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. The Equality Act 2010 provides protection from discrimination for EVERYONE with a protected characteristic.
We have all the resources, legal guidance, template letters information and advice to deal with the different types of workplace discrimination, at every level whether you just need advice before you decide what to do, have already been fired or are even in the middle of any of these procedures.
Asking discrimination questions through the Questions Procedure is a way of getting information from your Employer about discrimination you have suffered at work. It is important for gathering evidence to support your case….flip the book for more
The ACAS Code defines grievances as “concerns, problems or complaints that employees raise with their employers”. You can raise a grievance about things like your terms and conditions of employment, health and safety, workplace relationships, new working practices, organisational changes, equality, discrimination, bullying and harassment, and whistleblowing. Always try to resolve problems informally before raising a grievance.
Discrimination is when your employer treats you less favourably than others at work, on grounds that are not related to your competency or ability to do your job, because you belong to a particular group or category. The particular group or category is known as a “protected characteristic”.
Part V of the Equality Act 2010 (EQA 2010) provides job applicants, trainees, employees, and selfemployed workers with protection from discrimination at work. This Act makes it unlawful for your employer to discriminate against you because of your protected characteristic in job advertisements, recruitment and selection, during and after employment, in occupational pension schemes, employment training and equal pay.
Section 39 EQA 2010 says that an employer must not discriminate against, victimise or harass a job applicant or worker. As a worker, your employer must not discriminate against or victimise you;
You must raise a grievance about the discrimination before doing anything else. This guide includes explanations of the different types of discrimination and how you can apply the law to your particular circumstances. We recommend that you also take advantage of the ACAS Questions Procedure to get evidence about the discrimination you are facing at work. If your employer treats you badly for raising the grievance, you will also have a victimisation claim.
The Schedule of Loss tells the Employment Tribunal how much you think you should be paid if you are successful. If your discrimination claim is successful, the Employment Tribunal will order your Employer to pay you compensation. In discrimination, compensation is meant to place you in the same position you would have been in if your employer had not discriminated against you. There is no limit on the amount of compensation that the Employment Tribunal can award for discrimination. Compensation is made up of your financial lost, interest as well as any of these types of compensation, depending on the facts of your case;
Injury to feelings for the upset, hurt and distress that your Employer has caused you. This can range from £750 up to £30,000 depending on how serious your Employer’s actions were.
Personal injury is where the unlawful discrimination of your Employer caused you physical or mental injury. The award is made according to guidelines issued by the Judicial College Guidelines for the Assessment of damages in Personal Injury cases.
Aggravated damages is awarded where your Employer has acted in a particularly malicious, insulting or oppressive way.
Exemplary damages are very rarely awarded by the Employment Tribunal. They are intended to punish a state Employer where the actions were “oppressive, arbitrary or unconstitutional.
This Discrimination Schedule of Loss spreadsheet helps you calculate all of the above. Your heads of loss are easy to calculate with formulas for adjustments such as the ACAS uplift and grossing up options at a nominal 20% or 40% tax rate built in.
The schedule of loss calculates a payment for each different type of loss. The losses are called ’Heads of Loss’ or ’Heads of Damage’, and your schedule of loss will show how much you are claiming under each head of loss. Losses are calculated on gross pay for the Basic Award and net pay for the Compensatory Award. The schedule of loss is made up of;
The following heads of loss come under the Compensatory Award;
This Excel Spreadsheet has been developed specifically for an unfair dismissal claim. Use it with the guide to calculate your Basic and Compensatory Award with precision. With this spreadsheet, your heads of loss are easy to calculate with formulas for adjustments such as the ACAS uplift and grossing up options at a nominal 20% or 40% tax rate built in.