We are dealing here with the Equality Act 2010 and Discrimination at Work.  We are also explaining the link between harassment and bullying which can fall within both civil and employment jurisdiction.  We deal with discrimination in goods and service provision here.

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If an employer unlawfully discriminates against or harasses a job applicant or employee, it will be liable for its actions.   Similarly, other bodies can be primarily liable for discriminating against protected individuals: for example, training providers can be liable for discriminating against those seeking or undertaking vocational training.

 

Employers may be liable for the unlawful actions of their employees or agents. Claims may also be brought against the manager, fellow employee or agent who was responsible for the discrimination, victimisation or harassment in question.

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The EqA 2010 defines “employment” as employment under a contract of employment, a contract of apprenticeship or a contract personally to do work.  Those categories included are:

 

• Employees within the meaning of section 230(1) of the Employment Rights Act 1996 ("ERA 1996").

• Workers within the meaning of section 230(3) of the ERA 1996.

• A wider category of individuals who are self-employed, provided that their “employment” contract obliges them to perform the work personally: in other words, if they are not permitted to sub-contract any part of the work or employ their own staff to do it.

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Under the EqA 2010 there are nine protected characteristics where discrimination is concerned:

 

• Age 

• Disability

• Gender reassignment 

• Marriage and civil partnership

• Pregnancy and maternity - see also Family & Dependant Rights here

• Race 

• Religion or belief 

• Sex 

• Sexual orientation 

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What compensation can be claimed?

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Compensation is nearly always awarded in successful discrimination cases.   However, in cases of unintentional indirect discrimination, the tribunal must first consider whether making a declaration or recommendation (or both) would be enough to remedy the situation.  Once it has done so (and, if appropriate, made such a recommendation and/or declaration), it may go on to make an order for compensation if it considers it just and equitable to do so.

 

In determining the amount of compensation, the following general principles apply in employment tribunals:

 

• Compensation can be awarded for financial losses (including loss of earnings, pension, and benefits in kind and any out-of-pocket expenses) and non-financial losses (including injury to feelings, personal injury and aggravated damages).

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• Compensation is based on the tortious measure of damage, and so should be calculated so as to put the claimant in the position they would have been in if the unlawful discrimination had not taken place.

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• Claimants are required to take reasonable steps to mitigate their losses.  This means for example finding alternative employment to reduce loss of earnings.

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• There is no upper limit on the amount of compensation that can be awarded.  The scheme used to assess compensation is known as "Vento awards" - see here.

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• Compensation can be awarded against the employer and against any individual respondents, such as other employees.

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We represent many clients in all discrimination and bullying claims and have considerable experience in these types of claims coming to trial and settling before trial.  We encourage our clients to explore the options to dispose of a claim, and can advise both employer and employee on the best options to take.