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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.
Neurodiversity describes the natural differences in how people's brains process information, and how they feel and behave. Well-known types of neurodivergence include neurodevelopmental conditions such as ADHD, autism, dyslexia and dyspraxia. The report, published on 6 March 2025, stresses the need for neurodiversity training and proactive measures to support neurodivergent employees, highlighting that approximately 15 to 20% of adults are neurodivergent, with prevalence differing based on gender, condition and industry.
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.
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.
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.
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).
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.
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.
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.
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.
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.