Employment Archives - Beverley Morris

Discrimination in the Workplace

Beverley Morris — Tue, 29 Apr 2025 08:45:00 +0000

Being discriminated against at work can make life very difficult. It can result in an employee feeling demotivated, anxious and isolated.

Sometimes, workplace discrimination can make an employee leave their job, putting that individual under financial strain.

If you think you are being discriminated against at work, it can be difficult to raise the issue and many people do not know what to do for the best.

However, the law protects you against discrimination by an employer. If you think you are being treated unfairly for certain reasons, you may have a discrimination case.

In this blog, our specialist Employment Law Solicitors answer some frequently asked questions about workplace discrimination.

What is employment discrimination?

Employment discrimination is when someone is treated less favourably at work because of certain ‘protected characteristics’.

What law protects against employment discrimination?

The Equality Act 2010 protects individuals against workplace discrimination in England and Wales.

Under the Equality Act, it is against the law for an employer to discriminate against anyone because of nine ‘protected characteristics’.

These are:

Age.
Sex.
Sexual orientation.
Religion or belief.
Race including colour, nationality, ethnic or national origin.
Disability.
Being pregnant or on maternity leave.
Being married or in a civil partnership.
Gender reassignment.

If you have been treated unfairly because of any of these characteristics, it may be discrimination.

What are some examples of employment discrimination?

The Equality Act 2010 recognises the following main types of discrimination:

Direct discrimination. This is when someone is treated less favourably at work because of a protected characteristic, such as an employer refusing to hire someone because they are disabled.

Indirect discrimination. This is when an employer treats everyone the same but their actions put someone with a protected characteristic at a disadvantage. For example, a company introducing a policy that all staff must work on a Sunday, even if this runs contrary to a person’s religious beliefs.

Harassment. This is defined as ‘unwanted or offensive behaviour related to a protected characteristic’, such as sexual harassment or spreading malicious rumours about a colleague.

Victimisation. This is when someone is subjected to unfair treatment because they are involved in a discrimination or harassment complaint. An example might be excluding someone from meetings or giving them a heavier workload.

Failure to make reasonable adjustments. It may be considered discriminatory if an employer fails to provide reasonable adjustments to accommodate the needs of a disabled individual, such as adapting their workspace or providing assistive technology.

The law protects employees against discrimination at work in various areas, including in relation to:

Dismissal.
Employment terms and conditions.
Pay and benefits.
Promotion and transfer opportunities.
Training.
Recruitment.
Redundancy.

How do you make an employment discrimination claim?

If you believe you are being discriminated against at work, you should:

Stage one: Seek legal advice.

If you think you are being treated unfairly at work, seeking prompt advice from a specialist employment law solicitor with experience in discrimination claims is vital.

At Beverley Morris & Co. Solicitors, our employment lawyers in Blackheath help individuals across the South East and beyond with their workplace discrimination claim, including discrimination based on age, race, religion or sexual orientation.

We can guide you through what the process involves, providing tailored legal advice and support at every stage.

To speak to one of our employment law specialists in Blackheath, please call 020 8852 4433 or email huw@beverleymorris.co.uk.

Stage two: Keep a record.

If you believe you are being discriminated against, it can be helpful to keep a diary or notes about what has happened. These should include the names of the parties involved, the dates the discrimination occurred, and what it involved.

Stage three: Advise your employer.

You should discuss the issue with your employer. If things aren’t resolved, inform them in writing that you plan to take further action.

Stage four: Contact Acas.
If talking to your employer doesn’t resolve the issue, reach out to Acas. They offer early conciliation services to help resolve disputes before they escalate.

Stage five: Employment Tribunal.
If Acas can’t resolve your case, you’ll receive a certificate to take your claim to an Employment Tribunal.

Read more about what you can expect at an Employment Tribunal in our previous blog by clicking here.

Employment Solicitors Blackheath

Employment is a complex area of law. Your rights are not always as straightforward as you might think, and disputes can arise between employers and employees for various reasons.

Employment rights usually have a short limitation period which is why it is important to seek prompt specialist legal advice when faced with an employment law issue.

At Beverley Morris & Co. Solicitors, our employment law solicitors will help you by reviewing the facts of your case and letting you know the options open to you, providing a route to resolve your employment dispute in the most efficient way possible with minimal effect on your professional life.

To speak to one of our employment law specialists in Blackheath, please call 020 8852 4433 or email huw@beverleymorris.co.uk.

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What to Expect from an Employment Tribunal

Beverley Morris — Wed, 14 Aug 2024 13:05:29 +0000

Disagreements in the workplace can arise for various reasons. Disputes over pay, allegations of discrimination, unfair dismissal and legal questions over redundancy can all cause friction between employers and employees.

Many issues can be resolved informally by reaching an agreement internally. However, in some instances, it may be necessary to take the dispute to an employment tribunal, which is an independent legal hearing where workers can bring claims against their employers.

In this blog, our experienced Employment Solicitors answer some frequently asked questions about employment tribunals.

What is an employment tribunal?

Employment tribunals hear cases from people who believe they have been treated unlawfully by an employer, a potential employer or a trade union.

Unlawful treatment can include:

Unfair dismissal.
A redundancy claim.
A discrimination claim.
Breach of contract.
A payment dispute, such as unpaid wages or unauthorised salary deductions or an equal pay claim.
Maternity and paternity rights.
Whistleblowing.

Employment tribunals only hear cases which have failed to be resolved by alternative means. For almost all claims, employees are expected to try to resolve any employment law issues directly with their employer, or through early conciliation with the Advisory, Conciliation and Arbitration Service (Acas) before bringing a case to an employment tribunal.

Do you need legal representation for an employment tribunal claim?

You are not required by law to have a legal representative for an employment tribunal hearing. However, seeking advice or representation from a solicitor specialising in employment law can considerably increase your chances of a successful outcome.

An employment lawyer can help prepare your case, identify relevant witnesses, and provide guidance throughout the process.

Our employment law specialists at Beverley Morris & Co. always work towards settling disputes before they reach an employment tribunal wherever possible. However, should early mediation or the Acas process fail, we will robustly defend your interests at an employment tribunal to put forth a claim.

If you are involved in a dispute with your employer and need legal advice on employment law, speak to our employment law specialists in Blackheath today. Please call 020 8852 4433 or email huw@beverleymorris.co.uk.

What does an employment tribunal involve?

The process for an employment tribunal case usually involves the following stages:

1. Employee receives Acas Early Conciliation Certificate. If you wish to bring a claim against an employer, you must notify Acas within a set time limit (usually three months less one day of the act you are complaining about).

Acas will then offer you early conciliation to resolve your dispute. This is a free service where they will speak separately with you and your employer to try to resolve the dispute. If early conciliation does not work or you choose not to participate, Acas will send you an early conciliation certificate.

2. Employee bringing a claim (the claimant) completes an ET1 Form. This form incudes questions about your personal details, earnings and benefits, and sets out key details of your dispute. It must be completed by all claimants and filed with the tribunal office within one month of receipt of the Acas certificate.

3. Employer completes an ET3 Form. This is a document completed by an employer in response to the ET1 Form. Once the claimant has submitted their ET1 Form, the tribunal will send their employer a copy. The employer will then have 28 days from the date of receipt to return their ET3 form.

4. Tribunal contacts Acas. Once the tribunal has received your ET1 Form and your employer’s ET3 Form, it will send them to Acas who will attempt to resolve the case without a hearing. The tribunal may also send you and your employer a case management order setting out what you need to do to help the case progress.

5. Hearing. If the case cannot be resolved, it will progress to a hearing. Employment tribunal hearings can take place in person or online.

It is crucial to prepare in advance for an employment hearing as the tribunal will decide your case based on the evidence presented. Your legal representative will ensure that you are prepared and have the relevant information and documentation in place.

During an employment tribunal hearing, both the claimant and respondent present their case, and both parties and their witnesses are asked questions. Both sides are then allowed to make closing submissions before the tribunal makes its final decision.

If a claim is successful, the tribunal may hold a remedy hearing to decide what compensation should be awarded.

Employment Law Solicitors Blackheath

Employment is a complex area of law. Your rights are not always as straightforward as you might think, and disputes can arise between employers and employees for various reasons.

Employment rights usually have a short limitation period which is why it is important to seek prompt specialist legal advice when faced with an employment law issue.

We can help you with a wide range of matters, including:

Settlement/Compromise Agreements.
Contract Disputes/Changes to Terms and Conditions.
Disciplinary, Grievance and Capability Procedures.
Harassment, Bullying and Victimisation.
Whistleblowing.
Employment Tribunals.
Discrimination (related to sex, race, disability, age, religion and sexual orientation).
Redundancy, Lay Off and Short-Time Working.
Unfair/Wrongful/Constructive Dismissal.
Bonus disputes.
Employee shareholder disputes.

To speak to one of our employment law specialists in Blackheath, please call 020 8852 4433 or email huw@beverleymorris.co.uk.

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Discrimination in the workplace – Long COVID

Pippa — Fri, 08 Jul 2022 11:49:50 +0000

Discrimination in the workplace can originate from various prejudices leading to unfavourable treatment based on someone’s gender, sexuality, race, religion, pregnancy, maternity or disability. Recently, there has been a case whereby an employee with long-COVID deemed disabled under the Equality Act 2010 brought a discrimination claim against his employer.

Since 2020, many aspects of the law have had no choice but to adjust or transform to house the new world that the pandemic has created.

What is long-COVID?

Long-COVID has affected many people who contracted the illness since its global outbreak in March 2020. There is a lot of speculation surrounding long-COVID, its symptoms, effects and victims.

Public Health England estimates that:

3% of people experience long-COVID one month or longer after infection
5% of people experience long-COVID three months or longer after infection and
more than 30% of people hospitalised with the illness experience long-COVID.

Burke v Turning Point Scotland

In the case of Mr Burke, who was employed as a caretaker at Turning Point Scotland for around 20 years, he did not return to work after contracting COVID-19 in November 2020 due to the severity of his short and long-term symptoms. His symptoms included:

Headaches
Fatigue
Loss of appetite
Joint pain
Difficulty sleeping
Exhaustion

Many of these symptoms meant that Mr Burke could not stand for long periods of time.

In April 2021 and June 2021, Turning Point Scotland obtained two occupational health reports that concluded it was “unlikely” that the disability provisions outlined in the Equality Act 2010 would apply to Mr Burke. Shortly after this, in August 2021, Mr Burke was dismissed by Turning Point Scotland on the ground of ill health.

In his letter of dismissal, it was stated that due to the uncertainty of a date when Mr Burke would be able to return to work, it was with regret that he was dismissed.

Mr Burke later claimed disability discrimination.

Disability Discrimination Claims

In the employment tribunal, it was found that Mr Burke had a physical impairment that affected his ability to carry out normal day to day activities. This impairment was found to be more than minor and likely to last longer than 12 months.

The ruling found that Mr Burke was experiencing symptoms that met the relevant tests of the definition of disability, according to the Equality Act 2010.

Employment Tribunal for Discrimination

Although not all disability means that an employee cannot be dismissed for capability reasons, an employer should always ensure that their decision surrounding a dismissal does not discriminate against the employee in question.

It is highly likely that following Burke v Turning Point Scotland, there will be an increase in discrimination claims from employees suffering from long-COVID.

Moreover, ACAS has issued sickness and absence advice for employers and employees dealing with ‘long-COVID’.

Employers should always be cautious when managing suspected cases of long-COVID or any disability in the workplace.

Solicitor for Employment Tribunal

At Beverley Morris & Co., we provide specialist guidance surrounding workplace discrimination issues, as discussed in this article.

We have extensive experience helping employers comply with their obligations under the Equality Act. Our employment and dispute resolution teams also help bring or defend any Equality Act complaints brought by employees.

To speak to a team member today, please call 020 8852 4433, email enquiries@beverleymorris.co.uk or fill in a contact form, and we will get back to you.

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What is the minimum wage?

Pippa — Tue, 10 May 2022 10:12:07 +0000

April 2022

On the 1st of April 2022, new rates of the National Living Wage (NLW) and National Minimum Wage (NMW) came into force based on recommendations by the Low Pay Commission (LPC) in October 2021. The increase is welcomed by many in a cost-of-living crisis; with prices of fuel, energy and more increasing, many are struggling to choose between heating their home or having food to eat.

The hike in the minimum wage comes after PM Boris Johnson promised a “high wage, high skill, high productivity economy that the people of this country need and deserve”.

What is the new minimum wage?

The new rates are listed below:

National Living Wage – £9.50
21–22-Year-old rate – £9.18
18–20-Year-old rate – £6.83
16–17-Year-old rate – £4.81
Apprentice rate – £4.81
Accommodation Offset – £8.70.

The raise will put an extra £1000, on average, into a full-time worker’s pay packet. Although this does sound somewhat considerable, the rise in the cost of living has brought a hike of 7% in prices.

Between October and December 2021, the average weekly pay across Britain dropped by -1.2%, further highlighting the need for an increase in the minimum wage.

What happens if I am getting paid less than minimum wage?

For those over 22, most people who work are entitled to get paid at least the National Minimum Wage. Contrary to popular belief, this includes casual workers, those on zero hours contracts and agency workers.

If you are not getting the minimum wage when you should be, your employer owes you the difference between what you should have been paid and what they have been paying you.

What can I do if I am getting paid less than minimum wage?

The best thing to do initially is to have an informal chat with your employer. Ask them to explain how they have worked out your pay and why they think it is the correct amount.

Even without raising a formal grievance, it is possible to report your employer to HMRC. They may or may not decide to investigate your employer. This is more likely to happen if more than one employee has complained.

If you do not get anywhere, there are some steps you can take:

Call the Acas Helpline.

The Acas Helpline can help you confirm whether or not you are entitled to the minimum wage.

Raise a formal issue.

Most employers have a formal grievance procedure. Be sure to raise a grievance, explain why you don’t think you have been paid enough and ask them to pay the difference.

Fill in the early conciliation form.

You will need to fill in the early conciliation form from Acas. This means that they will check if your employer will agree to a process called ‘early conciliation’. If they agree, you will not have to take them to a tribunal.

Take your employer to a tribunal.

This should be your last resort. Taking your employer to a tribunal can be stressful and expensive since you must instruct a solicitor for legal representation. Always consider the potential implications before proceeding.

From the day of the most recent underpayment, you have three months minus one day to submit a claim to an employment tribunal. You must have already notified Acas, gone through early conciliation and got an early conciliation certificate.

Contact the Beverley Morris & Co. employment team today if you believe you need to take your employer to a tribunal.

Take your employer to court.

As mentioned above, there is a time limit within which you have to take your employer to a tribunal. If you miss this deadline but still believe you are entitled to your money, you can take your employer to court. As with a tribunal, this can be very stressful and expensive.

Employment Law Solicitors Blackheath

Click here for more information about how Beverley Morris & Co. employment solicitors can support you.

To contact us today, please call 020 8852 4433 or email enquiries@beverleymorris.co.uk, and we will get back to you.

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