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Discrimination Issues - Sex, Race and Disability

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. The person discriminated against by being dismissed does not have to have been employed for a qualifying period before being entitled to bring a claim, unlike a claim for unfair 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 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. The Act forbids discrimination 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:

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