Discrimination, Harassment and Victimisation
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Expert, empathetic support for individuals facing workplace discrimination
We are well-known for the quality of our work in the field of discrimination, and for the strategic, empathetic and effective support we provide to our clients. Bellevue Law’s workplace lawyers have a strong track record of supporting senior executives to navigate sensitive, complex and high-value discrimination cases.
We understand the profound impact discrimination at work can have on individuals’ careers, finances and personal wellbeing, as well as how difficult it can be to challenge unfair treatment. Our approach is to empower you to resolve these issues, providing advice and insight based on our years of experience to enable you to make informed choices and take back control of your career.
The strategy we create together will be driven by your best interests and individual priorities. We will give you clear and holistic advice, taking into account not only the technical merits of your case, but also the emotional, financial and reputational impact of legal disputes.
We are often able to guide clients to resolve matters swiftly and positively through negotiation, enabling them to draw a line under a difficult experience and move forward. Where necessary, however, we provide robust and tenacious representation – and empathetic support – through internal processes, prolonged negotiations and Employment Tribunal claims.
Types of discrimination, harassment and victimisation
Discrimination, harassment and victimisation in the workplace manifest in many different forms.
The Equality Act 2010 (the Equality Act) protects individuals from discrimination in the workplace because of “protected characteristics”: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
Discrimination can be direct – less favourable treatment of an individual because of the protected characteristic – or indirect, when a provision, criterion or practice puts those with a particular protected characteristic at a disadvantage and is not a proportionate means of achieving a legitimate aim.
The law also prohibits harassment related to certain protected characteristics, and victimisation because an individual has complained, or brought a claim, about alleged breaches of the Equality Act (or it is believed they have done, or may do, so).
In relation to disability, the Equality Act protects against unfavourable treatment because of something arising in consequence of a disability (unless such treatment is a proportionate means of achieving a legitimate aim). And it imposes the well-known duty to make reasonable adjustments to avoid certain disadvantages to disabled people.
It also prohibits sexual harassment.
Many of these provisions protect partners and LLP members as well as employees.
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Compensation and other remedies
Employment Tribunals can award compensation for financial loss suffered as a result of unlawful discrimination, such as loss of salary and benefits following a discriminatory dismissal. This is uncapped, but compensatory rather than punitive in nature (with rare exceptions) – so the focus is on what the claimant has lost rather than how poorly the respondent has behaved.
Compensation can also be awarded for injury to feelings, and personal injury resulting from the discrimination. Tribunals can also make recommendations aimed at reducing the impact of the discrimination on the affected individual, and declarations as to the parties’ rights.
In most cases in which Bellevue Law acts, we are able to obtain negotiated settlement of discrimination disputes. In addition to being swifter and more private than litigation, this enables the parties to agree more flexible terms, such as positive messaging, bespoke arrangements if you are leaving the organisation, confidentiality and payment of legal fees.
How we support you in discrimination cases
Discrimination often takes place within a complex context. We start by ensuring we understand the background to your situation, reviewing your employment documentation and any relevant communications. Alongside this, we focus on your wishes for resolving the case. These might include changes to processes, decisions, reporting lines or culture, or financial compensation.
Some clients feel they cannot remain in their workplace, and in that case we discuss options for a negotiated exit. We understand that you may not initially be sure of your goals and are happy to explore options with you to support your decision-making.
We also provide clear initial advice on the merits of your legal case, options to resolve it and the benefits, risks and likely costs of each approach. Our aim is to work with you to create a strategy that reflects not only your legal rights but also financial, emotional and career factors.
In many cases, the next step is raising your concerns with your organisation. We can support you to do this, or make a complaint on your behalf if you prefer. If you are looking to leave your role with a severance package, we can also support you in commencing negotiations with your employer, or, again, do this on your behalf.
Where internal processes or negotiation do not achieve a satisfactory resolution, we can support you in pursuing a discrimination claim in the Employment Tribunal. Strict limitation periods mean that it is sometimes necessary to commence proceedings to protect your position even if both sides hope to resolve the dispute through negotiation.
Before you take this step, we ensure that you have clear advice on the merits of your claim, the potential risks, and the likely procedural steps and costs involved. Our team has extensive Tribunal experience and will provide ongoing advice and support throughout. At the same time, and with your best interests at heart, we usually seek opportunities to obtain a negotiated resolution, helping to limit the costs, stress and uncertainty of litigation.
Clarity and support when you need it most
Discrimination at work is always a sensitive and challenging experience. With our expert, holistic support, you can address unfair treatment with clarity and confidence. We help you protect your rights, safeguard your reputation and achieve the best possible financial and professional outcome.
If you are facing discrimination at work, we can help you understand your options and take the right steps with confidence.
Please get in touch for advice and support about workplace discrimination.
Our Workplace Law Team
