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Discrimination Issues - Sex, Race and Disability
WARNING: There is no upper limit on the amount of damages that an employee can claim in a discrimination claim. The amount of compensation may include a sum for injury to feelings, future loss of earnings and aggravated damages.
Sex Discrimination
Discrimination on the grounds of sex or marital status is made unlawful
by the Sex Discrimination Act 1975. The Act forbids discrimination at every
stage of employment: advertising vacancies, engagement of employees, promotion
and other opportunities, and dismissal. Unlike most other employment claims
there is no qualifying period of employment required for a claim for sex
discrimination. Any term in a contract which tries to exclude or limit any
provision of the Act is unenforceable. An agreement to compromise or settle
a complaint of sex discrimination is not binding on the complainant unless
it has been reached with the assistance of a conciliation officer or by
way of a compromise agreement.
Race Discrimination
Discrimination on racial grounds is made unlawful by the Race Relations
Act 1976. An employer is prohibited from discriminating on the grounds of
race at every stage of employment: advertising vacancies, engagement of
employees, promotion and other opportunities, and dismissal. Any term in
a contract which tries to exclude or limit any provision of the Act is unenforceable.
An agreement to compromise or settle a complaint of race discrimination
is not binding on the complainant unless it has been reached with the assistance
of a conciliation officer or by way of a compromise agreement.
Disability Discrimination
The Disability Discrimination Act 1995 has radically altered the law in
relation to disabled employees. The Employer is under a statutory duty to
take such steps as are reasonable to prevent any arrangements from placing
a disabled applicant or an employee at a substantial disadvantage compared
to those applicants or employees who are not disabled. Such steps to be
taken may include:
