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Discrimination, Bullying and Harassment


Search our in-depth knowledge centre for answers to your employment questions, plus hints and tips from the experts.

A man in a wheelchair is sitting at a table with other people.
By Springhouse Solicitors October 2, 2024
The British Airways Plc v Rollett & Others ruling underscores the importance of focusing on the actual disadvantages caused by workplace policies. Employers are now obliged to be more vigilant in assessing the broader impacts of their decisions, ensuring equity and fairness for all employees, regardless of whether they possess a protected characteristic under the Equality Act 2010. By proactively addressing these considerations, employers can foster a more inclusive work environment and mitigate the risk of indirect discrimination claims.
A man is touching a woman 's shoulder at work in a case of sexual harassment.
By Marianne Wright May 9, 2024
The UK is taking a bold step in the fight against sexual harassment by introducing a new duty for employers to take proactive measures to prevent such incidents in the workplace. This groundbreaking development, expected to come into force in October, marks a significant shift in the UK's approach to workplace safety and respect. This article delves into the details of this new legislation and its implications for employers and employees alike.
a woman is writing on a tablet while using a laptop .
By Matthew Kilgannon March 20, 2024
Every April, the Government reviews and makes changes to employment laws, including a review of financial rates. Below we set out a summary of the proposed changes coming into effect in April and beyond.
A woman is giving a glass of water to a man.
By Marianne Wright March 19, 2024
Bullying in the workplace is a serious issue for workers (29% of whom will experience workplace bullying at some point1), and for employers (bullying is estimated to cost UK businesses £18 billion a year2 and to contribute to the loss of over 17 million working days each year3).
a man in a wheelchair is sitting at a desk with a woman standing next to him .
By Marianne Wright February 20, 2024
In the modern workplace, fostering a culture of inclusivity and ensuring equal treatment for all employees is a crucial aspect of employment law. Discrimination based on disabilities (which can include mental health conditions) is strictly prohibited in the United Kingdom. This article explores the legal framework in UK employment law that safeguards employees against discrimination and highlights the consequences faced by employers who fail to uphold these important principles.
Female employee getting harassed at work by a colleague
By Marianne Wright January 19, 2024
Creating a safe and respectful work environment is a fundamental aspect of UK employment law. This article explores the legal obligations placed on employers to address workplace harassment, highlighting the measures they should take to promote a culture of respect and protect their employees' mental health.
Whistleblowing, Sexual Harassment and Gagging Clauses image
By Louise Maynard November 9, 2023
On 23 October 2024, the new, positive duty to prevent sexual harassment in the workplace comes into force. The extent to which a non-disclosure agreement can prevent a worker disclosing sexual harassment will be under the limelight. In the employment context, the most common area for non-disclosure agreements is settlement agreements, under which an employee agrees to settle all claims in return for a compensation payment often where the employer has been unable to resolve a grievance including unlawful discrimination or sexual harassment.
Positive duty to prevent sexual harassment in the workplace
By Louise Maynard November 3, 2023
On 26 October 2023, Parliament passed new legislation to amend the Equality Act 2010 to place a duty on employers to take reasonable steps to prevent sexual harassment of employees and workers during the course of their employment. The new duty comes into force on 26 October 2024.
November 28, 2022
From 6 April 2019, the compensation which successful claimants can recover for injury to feelings in discrimination cases will increase as the “Vento guidelines” – which employment tribunals follow when deciding how much to award for injury to feelings – have been increased. Unlike in unfair dismissal cases where only economic loss is recoverable, successful claimants in discrimination and harassment cases can recover compensation in the employment tribunal for non-economic loss – otherwise known as “injury to feelings awards.” Although there is theoretically no limit on the compensation which may be awarded in discrimination and harassment cases, employment tribunals do have to follow official guidelines when making awards for injury to feelings. These are the so called “Vento guidelines” which set out three bands of compensation, depending on the seriousness of the discrimination and its effect on the victim. Revised guidance has recently been issued Presidents of the Employment Tribunals in England and Wales and Scotland which should apply for the next 12 months. The bands are expected to be increased each year in line with the RPI index. New Vento bands published For claims which are made on or after 6 April 2019, the Vento bands which will apply in the event that the claimant is successful and an injury to feelings award is made, are increased as follows (the previous maximum amount is shown in square brackets): lower band: £900 to £8,800 [£8,600] (less serious cases); middle band of £8,800 to £26,300 [£25,700 ](cases that do not merit an award in the upper band); and upper band of £26,300 to £44,000 [£42,900] (the most serious cases), For the most exceptional cases it is possible, although highly unusual, to recover more than £44,000. Comment Claimants can bring claims against both their employer and the individual who carried out the alleged act of discrimination. The consequence of this change is that it will become even more expensive for employers who discriminate against staff – or do nothing to prevent individuals working for them from discriminating against others. It costs individuals nothing to start a claim in the employment tribunal, those who believe they may have suffered discrimination or harassment will now have even more reason to consider bringing legal proceedings. In addition, these figures are a helpful yardstick to those who may be negotiating with their employer in respect of an alleged act of discrimination or harassment.  If you need advice on whether you may have a claim for discrimination or harassment, speak to one of our employment law experts today.
November 28, 2022
Contacting an employment lawyer can feel daunting if you have never done so before – it’s not the first thing people would choose to spend money on! Often the clients who come to us are experiencing turmoil – feeling desperate, anxious and alone – because of a problem at work and, they don’t know who else to turn to or, what else to do. Many clients feel frustrated if they have been left in a state of limbo by a workplace dispute and just want to find a resolution so that they can move on with their lives. For example, perhaps their employer has started disciplinary proceedings against them but these are dragging on and on. This is where the hugely experienced employment solicitors at Springhouse can help you get the results you want. It’s not our job to be judgemental about anything you tell us, our principle objective is to “fight your corner” and represent you in the best way possible in order to achieve the right result for you. Here are some of the specific things we can do to help. Anyone can do a Google search and see what the internet says but, we will take the time to fully understand the specific facts of your situation and think about how the law applies to them. We are all approachable and unstuffy and will be sympathetic to you personally. Part of our job is to assess what level of assistance you need with understanding the particular legal complexities of your situation and explain things to you accordingly. Reading text on a screen is no substitute for a bespoke, personal interaction – which our solicitors are trained to give. A disciplinary hearing, redundancy or other workplace conflict is a stressful situation. We can provide a buffer between you and your employer meaning you don’t personally have to have the conversations or deal with emails because we are doing so on your behalf. We can also provide you with reassurance about situations you may be facing by explaining what will happen, giving you an idea of the questions to ask and responses to give – even role playing scenarios with you if you feel this will help! In workplace conflict situations things often get very personal and, understandably, people take things to heart, get things out of perspective or generally get so emotional that they struggle to see the wood for the trees. Ultimately, this doesn’t help resolve things and can prolong the agony for all involved. We will analysis the situation in a more clinical way, looking for the best outcome for you at all times and keeping things professional and in perspective. Once we have assessed the facts of your case and talked to you about what result you are looking for, the next step is often writing to your employer. Receiving a letter from a law firm often has the desired effect of making an employer sit up and take notice. It demonstrates that you are serious and can assist in clarifying the issues. The next step may be to negotiate a settlement for you. While the final decision on whether to accept an offer is ultimately one for the individual, we can advise you on what a good deal looks like as well as conducting the actual negotiations (be that by email, phone or face-to-face) with your employer (or their adviser). Because our experienced solicitors have seen it all before, they are likely to have some creative ideas to help you achieve the outcome you want, which you may not have thought about. This may result in a better outcome for you, perhaps financially, for example by structuring your termination package differently you may save some tax or, simply relieving the emotional pressure on you by resolving the situation sooner than you could have done otherwise. If your employer offers to terminate your employment by paying you a termination package, you will usually need to enter a settlement agreement. We are qualified to give relevant independent legal advice and sign off such agreements, in order to ensure they are valid.  Legal advice may be a distress purchase but, we believe that it is ultimately an investment you won’t regret making with us. We pride ourselves on delivering great value, creative and pragmatic advice to our clients.
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