Have you fallen victim to workplace discrimination and want to know your options?

Solicitors Specialising in Workplace Discrimination

Discrimination at work is something that many employees experience every day. However, as well as being upsetting and unfortunate, discrimination in the workplace is unlawful if the reason is based on the grounds of race, age, disability, gender identity, sex, marriage or civil partnership, gender reassignment and maternity to name some.

We understand that anyone who has been treated unfairly in the working environment can be deeply affected by what has happened to them. That’s why we provide a compassionate and sympathetic legal service that is focused on your needs. Our experience of acting on behalf of employees means that we have genuine insight into the pressure points and tactics on both sides of the table. This allows us and our clients to always remain one step ahead.

Neither party usually wants to end up in contentious proceedings, but when litigation can’t be avoided, our team will go that extra mile to achieve the best possible outcome for you.

BTMK have a team of workplace discrimination solicitors in Essex, and we have offices across the region and London. If you’ve experienced a form of discrimination and need legal advice, please contact us by calling 03300 585 222 or by sending an email to info@btmk.co.uk.

Why Instruct Our Discrimination Solicitors?

There are many different forms of discrimination, ranging from direct discrimination to harassment and bullying. Discrimination can happen at any point during employment, including during the recruitment process.

Our highly experienced discrimination solicitors will:

You must take advice as soon as possible as there are strict time limits for bringing tribunal claims. To ensure the best possible outcome, we would suggest that you seek our advice without delay following any potential discrimination

FAQs

What is constructive dismissal? 

Constructive dismissal is when an employee feels that they have been forced to leave their job because of their employer’s conduct or actions. If this has unfortunately happened to you, then you may be able to make a constructive dismissal claim at an employment tribunal.

What is wrongful dismissal?

Wrongful dismissal is a dismissal in breach of contract. If you’ve been wrongfully dismissed, then you might be able to claim compensation for all financial and other benefits you would have received if you were dismissed in compliance with your employment contract.

Is sexual harassment the same as sex discrimination?

Employment law identifies a distinction between sexual harassment and sex discrimination. Sexual harassment would take place if an employee exhibited sexual behaviour that is unwanted. This could be via sending explicit images or by making jokes. Sex discrimination is when an employee is treated less favourably because of their gender or self-identification.

What is ACAS?

ACAS stands for the Advisory, Conciliation and Arbitration Service. They provide free and impartial advice to employers and employees on all areas of workplace relations and employment law. As well as providing this advice they also offer an individual conciliation service.

Can I be made redundant because of pregnancy?

No. You cannot be made redundant just because you’re pregnant. If this has happened to you, then you would be able to make a workplace discrimination claim under the Equality Act 2010. However, if your employer was making other employees redundant and you were selected for reasons other than your pregnancy, then you can still be made redundant.

I had to leave my job because I was being bullied. What can I do?

Bullying in the workplace is when someone tries to intimidate another employee. It’s similar to harassment which is where someone else’s behaviour is intentionally offensive.

You can’t make a direct legal claim about bullying in the workplace, but you can make complaints under certain laws that cover harassment and discrimination. If you had to leave your job because you were being bullied then you might be able to make a constructive dismissal claim. In this situation, we’d always recommend seeking legal advice.

My employer has denied my flexible working request. Is this fair? 

If you’ve been working for your current employer for more than 26 weeks, then you have a right to request a flexible working arrangement. Your employer must give your request reasonable consideration and come back to you with a decision within 3 months. There might be valid reasons why your employer would deny your request, but you do have the right to make an appeal if you disagree with them.

Do I have to resign in order to claim for constructive dismissal?

You can’t claim for constructive dismissal if you haven’t resigned from your job. In order to claim for constructive dismissal, you must have terminated your employment contract as a result of your employer’s unreasonable conduct. However, it’s important to take legal advice before taking this step.

Can I make a claim without legal representation?

In short, the answer is yes. But, employment law is complex, and making a claim can be stressful. Added to this is the fact that most employers instruct a solicitor to defend and represent them. The majority of claimants, therefore, choose to instruct a professional workplace discrimination solicitor.

Fiona McAnaw

Litigation & Dispute Resolution

Samantha Hyslop

Litigation & Dispute Resolution

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