Disability Discrimination and Making Reasonable Adjustments in the Workplace

Navigating the complexities of the workplace can be challenging, especially for individuals with disabilities. Understanding the concept of disability discrimination at work and the importance of reasonable adjustments is crucial for both employers and employees. 

When living with a disability, being aware of your rights and the responsibilities of your employer can help to ensure fair treatment and equal opportunities in the workplace. Many do not realise that in addition to direct discrimination, indirect discrimination, harassment and victimisation, not making reasonable adjustments in the workplace is a form of discrimination. In this post, we have explored what “reasonable adjustments” means and the legal protection available to disabled employees being treated unfairly at work. 

Understanding Disability Discrimination at Work

Disability discrimination occurs when an individual with a physical or mental impairment is treated less favourably than others because of their disability. This can manifest in various ways, such as refusal to employ a disabled person or lack of proper accommodation for an employee’s specific needs. Discrimination can also be subtle, such as not considering an employee for a project or promotion due to assumptions about their capabilities. 

Recognising and addressing disability discrimination is not only a legal obligation but also a step towards creating a more inclusive workplace. It is essential for employers to be proactive in identifying and preventing discriminatory practices, and for employees to be aware of their legal rights under the Equality Act 2010 (EqA).

The Legal Framework

In the UK, the EqA provides a clear legal framework to protect individuals from discrimination in the workplace. This Act covers a range of protected characteristics, including disability. It requires employers to make reasonable adjustments for employees with disabilities to ensure they are not at a disadvantage compared to non-disabled employees. 

The Act covers a range of disabilities, including physical and mental impairments, and the definition of ‘disability’ under the Equality Act 2010 is relatively wide, yet the impairment must have a substantial and long-term adverse effect on an employee’s ability to carry out normal day-to-day activities. The protection provided applies to all aspects of employment too, from recruitment to training and career development.

What Are Reasonable Adjustments?

Reasonable adjustments are changes made to the work environment or the way things are done to remove or minimise the disadvantage for individuals with disabilities that is created by policies. These adjustments aim to provide equal opportunities for everyone in the workplace. Some common examples include flexible working hours, special equipment or modifying day-to-day duties. The goal is to remove any barriers that hinder an individual’s ability to work as effectively and comfortably as non-disabled employees. 

Identifying the Need for Adjustments

The first step in an employer making reasonable adjustments is to identify the needs of the employee with a disability. This often involves a conversation between the employer and the employee to understand the specific challenges and potential solutions. In some cases, professional assessments by occupational health may be necessary. It is also important for employers to create an environment where employees feel comfortable disclosing their disabilities and discussing their needs without fear of stigma or repercussions.

Implementing Adjustments

Once the needs are identified, employers should take appropriate steps to implement the adjustments. The nature of these adjustments will vary depending on the individual’s disability and the specific job role. What is considered “reasonable” in the eyes of the law will also differ depending on factors such as the size of the organisation and the cost of the adjustments. 

Employers need to approach this process with an open mind. They should also follow up with the employee to ensure the adjustments are effective and make further modifications if necessary. Employers must remember that a one-size-fits-all approach is often ineffective and they should be as flexible as possible to support employees. 

Seeking Professional Advice

Navigating the complexities of disability discrimination and the process of requesting adjustments in the workplace can be daunting for employees. If you find yourself in this situation, seeking advice from legal professionals who specialise in employment law is beneficial. These experts can provide you with information about your rights, your employer’s obligations and the most effective approach to address your needs. They can also assist you in case of any disputes or misunderstandings. If required, they can support you during Employment Tribunal proceedings for disability discrimination compensation. 

Overcoming Challenges 

As an employee, requesting reasonable adjustments for your disability may present various challenges. You might encounter resistance or a lack of understanding from your employer or colleagues. Financial and logistical considerations might also be raised as concerns by your employer. To overcome these challenges, you should try to be flexible to help you find mutually beneficial solutions and discuss alternative adjustments if your initial request is not feasible. Remember, the goal is to find a balance that allows you to perform your job effectively while respecting your rights and needs. 

Speak to an Expert About Disability Discrimination

Disability discrimination at work is an issue that requires action. Employers are legally obliged to make reasonable adjustments to support employees with disabilities, fostering an inclusive work environment. Understanding and implementing adjustments not only supports the day-to-day work life of employees but also contributes to a diverse and productive workforce. Whether you have a physical or mental disability, speaking to your employer and asking for adjustments can significantly impact your ability to carry out your job role to the best of your ability. 

If you are experiencing discrimination arising from disability, whether your employer treats you less favourably or they have refused to make reasonable adjustments for you, do not hesitate to contact Damian McCarthy. With more than two decades of experience, Damian has represented clients at the highest levels and has an in-depth understanding of employment law. Damian can discuss the ins and outs of your discrimination claim with you and work with you to achieve results. Take a look at Damian’s website today to find out more about how he can help

Do You Need Two Years’ Service to Make an Employment Tribunal Claim?

When facing difficulties at work, understanding your rights and the legal options available to you is crucial. One common misconception among employees is that they need two years of service to make an Employment Tribunal claim. This assumption can often deter employees from seeking justice in situations where they might have a valid claim. 

All employees need to understand the legal protection available to them and in this post, we will explore this topic in more detail. By demystifying the ‘two-year rule’, employees can take informed actions when they face unfair treatment or wrongful practices at work. 

The Two-Year Rule: A General Guideline

Under UK employment law, employees generally need to have worked for their employer for at least two years to claim unfair dismissal at an Employment Tribunal.There are important exceptions to this and employees should be aware of these. For instance, if the employee was dismissed for an automatically unfair reason (such as whistleblowing) there is no minimum service period and all employees can make a claim. 

It is important for employees to understand this rule does not leave them entirely without protection during their first two years of employment and they are protected by legislation like the Equality Act 2010 (EqA).

Exceptions to the Rule

The two-year service requirement does not apply to all types of Employment Tribunal claims. There are several situations where you can make a claim regardless of your length of service, including the following; 

  • Discrimination Claims – If you are facing discrimination at work based on a protected characteristic like sex, age, race, disability, sexual orientation, religion or belief, or pregnancy and maternity, you do not need two years of service to make a claim. Protection is available at every stage of employment, including recruitment, and this reflects the right for employees to be treated equally and fairly in the workplace.
  • Whistleblowing – Employees who are dismissed for reporting wrongdoing in the workplace, known as whistleblowing, can make a claim without having worked for two years. This protection encourages employees to speak up against unlawful practices, from miscarriages of justice to environmental damage, without fear of suffering any detriment or losing their jobs.
  • Breach of Contract – If your employer breaches the terms of your contract, including wrongful dismissal, you can make a claim regardless of your length of service. This ensures that employers adhere to the terms agreed upon at the start of employment.

Know Your Rights

Knowing your rights is the first step in determining whether you can make a claim. Employment law can be complex and every situation is unique. This is where exploring the ACAS website or getting some advice from an employment law specialist becomes invaluable. Impartial advice can help you to determine the best course of action in your circumstances. Understanding your legal rights is essential not just for pursuing legal action, but also for negotiating with employers and making informed decisions about your employment.

Seek Professional Advice

Consulting with an employment law specialist is crucial when taking a claim to the Employment Tribunal. They can provide expert guidance on your rights and the legal processes involved in making a claim. An experienced specialist can help you navigate the intricacies of employment law, ensuring your case is presented effectively and you get the compensation you deserve for the situation you have experienced. They can also help demystify legal jargon, making the process more accessible and less overwhelming for you.

Prepare Your Case

If you decide to proceed with an Employment Tribunal claim, preparation is key. Collect any relevant documents, emails and witness statements that support your case. An employment law specialist can assist you in organising your evidence and preparing your legal arguments. They can also help identify key issues and ways your case may be discredited by employers, ensuring a comprehensive and well-prepared argument.

Check Time Limits

It is important to act promptly when experiencing problems in the workplace. Employment Tribunal claims must generally be made within three months less one day of the issue or dismissal. Due to this tight timeframe, seeking legal advice as soon as possible is essential. This time limit emphasises the need for quick action and ensures cases are dealt with in a timely manner, which can be crucial for preserving evidence and witness recollections.

The Role of Employment Law Specialists

Employment law specialists are not just legal advisors, they are advocates for your rights in the workplace. They possess the expertise to navigate the complexities of employment law and can represent you at an Employment Tribunal, ensuring your case is heard and your rights are upheld. Their role is pivotal in levelling the playing field between individual employees and their employers, ensuring justice can be sought and you get the compensation you are entitled to regardless of the size or resources of the respondent.

Making an Employment Tribunal Claim 

All in all, while the two-year service rule is a significant aspect of employment law, it does not apply in every case. Understanding the exceptions and your rights as an employee is crucial. Whether you are facing discrimination, wrongful dismissal or other workplace issues, consulting an employment law specialist can provide clarity and guidance. It is essential to remember the law is there to protect you and with the right advice and preparation, you can confidently approach an Employment Tribunal claim, regardless of your length of service.

To speak to an employment law specialist about your unique circumstances in more detail, do not hesitate to contact Damian McCarthy. With over two decades of experience, Damian has handled even the most complex employment law cases and has a track record of turning difficult cases into winning ones. He will work hard to understand your case and achieve the results you were hoping for. You can rest assured that Damian will have your interests in mind at all times and be completely transparent throughout the whole process. 

Understanding the ‘Good Faith’ Legislation in Whistleblowing

Whistleblowing at work is vital for exposing wrongdoing, yet it comes with its complexities, particularly when it is questioned whether a disclosure was made in ‘good faith’. The good faith legislation plays a significant role in whistleblowing claims, affecting both the whistleblower and the employer. Below we have put together some essential whistleblowing advice, focusing on how the good faith requirement impacts whistleblowing claims. 

The Role of ‘Good Faith’ in Whistleblowing

In the context of whistleblowing, ‘good faith’ refers to the intention behind the whistleblower’s actions. It suggests the disclosure of information should be made with honest intentions, primarily aimed at addressing the wrongdoing, rather than for personal gain or out of malice towards the employer. Employers often challenge whistleblowing claims by questioning the reasoning behind them. They may argue that the whistleblower had ulterior motives, such as personal grievances, casting doubt on the legitimacy of the claim. 

This scrutiny of the whistleblower’s motives can be a significant hurdle in whistleblowing cases, as proving good faith involves demonstrating a lack of personal bias. Not to mention, this aspect of whistleblowing claims underscores the need for whistleblowers to be clear and transparent about their reasons for reporting wrongdoing from the outset, as any hint of personal animosity can weaken the perceived integrity of their claim.

Common Defences Employers Use

When they are on the receiving end of a whistleblowing claim, employers often resort to specific strategies to defend their position. These include;

  • Discrediting the Whistleblower – Employers might attempt to argue that a whistleblower was treated less favourably due to other factors. This could involve claims that the whistleblower was difficult to work with, had poor performance or was unpleasant to colleagues and management. They might also delve into the whistleblower’s past employment history to find instances of misconduct or disciplinary action, using these to paint a negative picture of the whistleblower’s character.
  • Challenging the Disclosure – They may also argue that what was reported does not constitute a disclosure of “information” or that the whistleblower lacked a reasonable belief in the disclosures made. In this defence, employers may scrutinise the specifics of the information disclosed, questioning its relevance or accuracy to the alleged wrongdoing. They may also challenge how the information was disclosed, arguing that it was not communicated to a prescribed person or within a suitable time frame.
  • Public Interest Debate – Employers might claim that the disclosure was not made ‘in the public interest’, questioning the motives behind the whistleblowing. This involves an argument that the reported issue does not impact the wider community or that the whistleblower’s primary intent was not to benefit the public but to serve a personal agenda. The employer might also argue that the issue raised was trivial or already well-known and did not warrant whistleblowing.

The Challenge with ‘Good Faith’

The requirement of good faith in whistleblowing can be contentious. While many employment law specialists advocate for it to end, arguing that it complicates the process and can be misused to discredit genuine claims, it remains a part of employment law. Employers frequently use this legislation to refute whistleblowing claims, particularly when they suspect the claim is driven by personal vendettas against the business or specific individuals within it. 

This ongoing debate highlights the delicate balance between protecting the interests of a business and ensuring genuine concerns are heard and addressed. For whistleblowers, this means carefully considering how their actions and motivations might be perceived, not just by their employer, but by all parties involved. Understanding this perspective is crucial in preparing a whistleblowing case that withstands scrutiny under the good faith requirement and effectively communicates the intent to serve the public interest.

Preparing for a Whistleblowing Claim

For employees considering a whistleblowing claim, understanding the importance of disclosing wrongdoing in good faith is crucial. It is advisable to;

  • Reflect on Motivations – Before making a disclosure, ensure that your motives align with exposing a criminal offence, miscarriage of justice, damage to the environment, health and safety violation or failure to comply with a legal obligation for the right reasons. Carefully consider your intentions to ensure they are rooted in a desire to correct a wrong or protect the public. This self-assessment is vital, as it can help clarify your objectives and strengthen your position against any allegations of malicious intent.
  • Seek Professional Advice – Consulting with specialists who can provide whistleblowing advice is vital. They can help assess the strength of your whistleblowing claim and prepare you for potential defences raised by employers. Experts can offer insights into the complexities of legal frameworks and suggest the best course of action. Their experience can be invaluable in building a robust case.
  • Document Everything – Keep a detailed record of the wrongdoing and your steps in reporting it. This can be crucial in demonstrating your good faith intention. Documenting the process includes maintaining copies of all communications, noting dates and details of incidents, and keeping track of any responses from the employer. This evidence will be essential in substantiating your claim and showing that your disclosure was made with the intent of addressing genuine concerns.

Get Some Advice About a Whistleblowing Claim 

Navigating a whistleblowing claim requires a good understanding of the Employment Rights Act 1996 and the concept of ‘good faith.’ Whistleblowers must be prepared for the challenges posed by employers’ defences and ensure their actions are genuine. Seeking professional guidance and carefully considering the implications of your actions are key steps in successfully navigating blowing the whistle at work.

Whether you are an employee contemplating blowing the whistle or you have suffered detriment due to blowing the whistle, Damian McCarthy is here to help. With over two decades of experience, Damian will guide you through the difficulties that you will face and get you results. He will be committed to your case and has achieved outstanding results in some very difficult cases. Damian has acted as a whistleblower himself and exposed corruption at the highest levels, so he understands what the repercussions can be like for a whistleblower. To speak to Damian about your whistleblowing claim, get in touch today. 

Reporting and Resolving Gender Inequality at Work

Gender inequality in the workplace remains a prevalent issue across a range of industry sectors, often manifesting in disparities in pay and benefits between male and female employees. Understanding and addressing this inequality is crucial for fostering a fair work environment. In this post, we have explored the intricacies of dealing with gender inequality and the possibility of making a sex discrimination claim under the Equality Act 2010 (EqA) when you are treated unfairly in the workplace due to your gender. 

Understanding Equal Pay Claims

Equal pay claims are a significant aspect of the battle against gender inequality in the workplace. These claims can be categorised into two types; a straightforward sex discrimination claim or a claim under The Equality Act 2010. Distinguishing which path to pursue can be complex and it is beneficial to get some tailored advice. Disputes over pay, benefits and bonuses typically fall under the EqA but may also constitute sex discrimination. Consequently, claimants often pursue dual claims to cover all bases. 

It is important to note that equal pay claims and sex discrimination claims are not limited to one gender, both men and women have the right to take a case to the Employment Tribunal. The fundamental principle is that everyone is entitled to equal pay for equal work, regardless of their gender. This inclusive approach underlines the commitment to ensuring fairness in the workplace, making it clear that the issue of equality affects the workforce as a whole.

The Scope of the Equality Act 2010

The equality provisions of the EqA encompass everything included in the employment contract. This includes salary, holiday and sick pay, as well as bonuses, overtime and benefits such as work-related pensions and health insurance. The EqA stipulates that women are entitled to claim pay equal to their male colleagues if they are in the same employment and engaging in;

  • Work that is the same or very similar to an employee of the opposite sex.
  • Work rated as equivalent under an analytical job evaluation scheme.
  • Work of equal value, where jobs that are different but equivalent in terms of things such as skills, effort, decision-making, etc.

Reporting Gender Inequality

When facing gender inequality in the workplace, the process of making a claim can be intricate but is crucial for ensuring fair treatment. The steps involved in reporting and addressing these disparities are outlined below;

Identifying a Comparator

For an employee to begin their claim, the first step is to find a suitable point of comparison. This involves identifying a colleague of the opposite sex whose role and responsibilities are comparable to theirs. This comparator can be a current or past employee. The aim is to establish a clear and fair basis for comparison between the roles. While employees can choose multiple comparators to strengthen their case, it is important to note that increasing the number of comparators can add complexity to the claim.

Seeking Legal Assistance

Navigating the complexities of a gender inequality or gender discrimination claim requires specialised legal expertise. Speaking to a solicitor who has experience in employment law is a critical step. These legal professionals not only provide guidance on the intricacies of the claim process at an Employment Tribunal but also represent you in negotiations or legal proceedings, ensuring your rights are adequately protected and advocated for.

Resolving Gender Inequality

Once an employee has taken the necessary steps to make a claim, the onus then shifts to the employer. The employer must demonstrate that any differences in pay or benefits are not rooted in discrimination. This stage is crucial in the resolution of gender inequality and can lead to significant outcomes for both the employee and the employer.

Justifying Pay Differences

After an employee has filed a claim, the employer is tasked with providing a valid and non-discriminatory reason for any pay discrepancies. This can involve a detailed analysis of job roles, responsibilities and the criteria used for determining pay or benefits. The employer must prove that any disparity in pay is due to factors unrelated to the employee’s gender, such as experience, qualifications or performance-based criteria.

Compensation for Successful Claims

In cases where a claim for equal pay or sex discrimination is successful, the resolution often involves financial compensation. This compensation typically includes backdated pay covering up to six years from the date the claim was lodged. However, you need to demonstrate that you were engaged in work of equal value throughout this period to qualify for the full extent of the compensation. Compensation can also be awarded for injury to health or feelings.

Implications for Employers

For employers, a successful claim against them can have significant financial implications. Besides the compensation to be paid, they might also need to reassess and restructure their pay scales and benefits packages to ensure compliance with equality laws. This is a critical step in preventing future claims and fostering a fair and equitable workplace culture.

Legal Steps for Blowing the Whistle at Work

Whistleblowing is the act of exposing wrongdoing within an organisation and is a courageous step that employees might take to uphold integrity and ethics in the workplace. Understanding whistleblowing law in the UK and knowing the right steps to take are crucial for anyone considering voicing their concerns about something that has happened, is happening or is going to happen in the future. 

In this post, we have explored the legal steps for blowing the whistle at work, offering essential whistleblowing advice to help you navigate the process correctly and effectively.

Protection from Whistleblowing Law in the UK

The Employment Rights Act 1996 (ERA 1996) plays a crucial role in safeguarding workers who blow the whistle in the UK. This legislation provides protection to ensure that employees can disclose information about wrongdoing without fear of retaliation. It stipulates that it is automatically unfair to dismiss an employee for making a protected disclosure. Additionally, it is unlawful to subject a worker to any detriment for making a disclosure. 

These provisions offer robust protection to employees who raise concerns about wrongdoing in their workplace and make what is legally termed as a ‘protected disclosure’. All UK workers are protected when making a protected disclosure from the moment they start their employment. Importantly, the worker disclosing information must have a reasonable belief that their disclosure is in the public interest to be protected by whistleblowing law in the UK. 

Step-by-Step Guide to Blowing the Whistle

Embarking on the journey of whistleblowing requires a clear understanding of the process and careful consideration at each step. Here is an overview of the whistleblowing process from an employee perspective, so you can blow the whistle correctly;  

Identify the Wrongdoing

The initial and most critical step in whistleblowing is to accurately pinpoint the wrongdoing. This could encompass a range of issues, from criminal offences, miscarriages of justice, health and safety violations, damage to the environment, failure to comply with legal obligations or deliberately concealing any wrongdoing. It is crucial to be specific about the nature of the wrongdoing to ensure that your disclosure is clear and a qualifying disclosure.

Know Your Rights and Protections

When considering whistleblowing, it is crucial to understand the legal protections available to you under the Employment Rights Act 1996. As mentioned above, this Act plays a key role in safeguarding employees who blow the whistle. It ensures that workers can disclose information without fear of adverse consequences. Under this Act, you are protected against dismissal and other forms of unfair treatment that may arise as a result of your whistleblowing.

This knowledge is essential as it empowers you to proceed with confidence, knowing that the law is on your side. The ERA 1996 offers a safety net, encouraging employees to speak out against wrongdoing without the risk of jeopardising their career or workplace relationships. However, it is important to approach whistleblowing with a clear understanding of the correct procedures and channels, as these protections are most effective when disclosures are in full compliance with legal guidelines. 

Gather Evidence

Gathering strong evidence is essential in substantiating your claim. This includes collecting emails, documents, witness statements and any other materials that can corroborate your allegations of wrongdoing. The credibility and impact of your disclosure significantly depends on the quality and relevance of the evidence you present.

Choose the Right Channel for Disclosure

Selecting the appropriate channel for your disclosure is a critical step in the whistleblowing process. The general rule is to first attempt to resolve the issue within your organisation. This typically involves using designated internal channels, such as reporting to a supervisor, manager or through a formal whistleblowing procedure. This internal approach allows an organisation the opportunity to address and rectify the issue directly.

However, if internal resolution is not feasible, for instance, if the nature of the issue makes it unrealistic or impossible to address within the organisation, or if you have already attempted an internal resolution without success, then it becomes necessary to consider external disclosure. In such cases, the disclosure should be made to an appropriate prescribed person or body. The disclosure must fall within the jurisdiction of the external person or body to ensure that it qualifies as a protected disclosure under whistleblowing laws.

Seek Professional Advice

Consulting with a professional who specialises in whistleblowing law is highly beneficial. An expert can provide invaluable advice on navigating the complexities of your case, ensuring that your actions are legally sound and strategically planned. They can also help you understand the potential risks and benefits of different courses of action.

Make a Disclosure

Once you are fully prepared and informed, proceed with making your disclosure. It is important to communicate your concerns clearly, factually and without personal bias. How you present your disclosure can greatly influence how it is received and acted upon. It is not uncommon for employers to attempt to quash an Employment Tribunal claim by stating the case was not made in “good faith” and is formed due to a grudge against the employer. So you must ensure the protected disclosure is completely unbiased from the outset. 

What Happens After Blowing the Whistle at Work?

After blowing the whistle, the immediate response typically involves your employer initiating an investigation into the reported misconduct. This process should be conducted impartially and thoroughly, aimed at uncovering the truth about your allegations. During this phase, you can expect to receive updates about the investigation and its progress. It is crucial for employers to handle the situation sensitively, protecting your rights as a whistleblower.

Simultaneously, you might experience changes in workplace dynamics. Whistleblowing can unfortunately impact your working relationships, potentially leading to a feeling of isolation. Under UK whistleblowing law, you are protected from retaliation such as dismissal, detriment or any other mistreatment due to your disclosure. However, suppose you do face adverse treatment or feel that your concerns are not being adequately addressed. In that case, it is important to seek legal advice to understand your rights and the steps you can take, including the possibility of a whistleblowing claim at an Employment Tribunal.

Making a Whistleblowing Claim 

Blowing the whistle on wrongdoing at work requires courage, preparation and an understanding of your legal rights. By following these steps, you can ensure that your actions are protected under whistleblowing law in the UK and that you have a strong whistleblowing case should you experience any unfavourable treatment. Remember, whistleblowing not only protects public interest but also reinforces a culture of transparency and accountability in the workplace. If you are considering this path, professional whistleblowing advice and support are invaluable to navigating this complex yet vital process.

Should you have any questions about whistleblowing in the workplace, contact Damian McCarthy. Over the years, Damian has represented clients at the highest levels and he has acted in high-profile whistleblowing cases. With extensive experience in employment law, Damian can support you through the process of making a whistleblowing claim. For a free, confidential and no-obligation discussion, complete Damian’s contact form today. 

The Importance of Evidence in Workplace Discrimination Claims

Navigating workplace discrimination claims is a complex yet crucial aspect of employment law. When experiencing discrimination at work, the success of your Employment Tribunal claim hinges significantly on the evidence you present. This is a fundamental aspect of discrimination claims across all work environments in the UK and beyond. 

Effective evidence can range from direct statements to patterns of behaviour that indicate unfair treatment based on protected characteristics. Below, we have explored discrimination issues and the importance of gathering evidence in more detail. If you are currently being treated unfairly and facing workplace discrimination, you can ensure you are building a robust legal case and will be awarded the compensation you deserve. 

The Role of Evidence in Proving Discrimination

Discrimination in the workplace can take various forms; direct discrimination, indirect discrimination, harassment and victimisation. Being treated less favourably than someone else can vary from not being hired due to a protected characteristic to being treated in a way that causes you emotional or physical suffering. Proving discrimination, however, can be complex and requires substantial evidence. 

For instance, evidence might need to demonstrate a pattern of behaviour over time, not just a single incident, to effectively illustrate systemic or ingrained discriminatory practices. This could involve showing how decision-making processes, like promotions or pay raises, consistently favoured one group over another. Additionally, evidence can come from a variety of sources, including internal communications, employee witness statements and business records. All of these elements combined can help to paint a comprehensive picture of the discriminatory behaviour experienced, strengthening your Employment Tribunal case.

Types of Evidence in Discrimination Claims

When making a discrimination claim, the type of evidence presented can significantly influence the outcome. This evidence can be categorised into various types, each playing a unique role in proving that discriminatory behaviour has occurred; 

  • Direct Evidence – This includes explicit statements or actions that directly indicate discriminatory behaviour. For example, emails, messages or recorded conversations where discriminatory language or intentions are evident.
  • Indirect Evidence – More commonly, discrimination cases rely on indirect evidence. This may include patterns of behaviour, such as a consistent preference for certain types of employees or policies that disproportionately affect certain groups.
  • Witness Statements – Testimonies from colleagues or other witnesses who have observed the discriminatory behaviour can be very powerful. This can include both current and former employees.
  • Documentary Evidence – Employment records, performance reviews, communication records and other official documents can provide a background to a discrimination claim, showing inconsistencies or biases in treatment.

Gathering and Presenting Evidence

The Equality Act 2010 (EqA) protects employees at every stage of UK employment, from recruitment to differences in employee pay, and enables you to take legal action if you are treated unfavourably at work. Collecting and effectively presenting evidence is crucial in building a strong workplace discrimination claim. This process entails several key actions;

Documenting Incidents

  • Keep a Detailed Record – It is vital to document every incident of discrimination, noting not just the dates and times, but also the context and any immediate consequences. This comprehensive record helps establish a pattern of behaviour that can strengthen your Employment Tribunal claim.
  • Context Matters – Alongside the basic details of the incidents, include the context in which the discrimination occurred. Was it during a meeting, via email or in a performance review? The setting can sometimes add weight to the nature of the discrimination experienced in the workplace. 

Preserving Communications

  • Save All Relevant Communications – Make copies of any emails, messages or written notes you have received that reflect discriminatory remarks or decisions. This also includes any indirect references that might imply discriminatory motives as they can add to your discrimination claim. 
  • Maintain Chronological Order – Try to organise any communications in chronological order to depict the sequence of events clearly. This can help demonstrate how the discriminatory behaviour has evolved over time and why it resulted in you leaving the company, for instance. 

Seeking Witnesses

  • Identify Potential Witnesses – Colleagues who have witnessed the discrimination or have experienced similar treatment can provide crucial testimonies. Reach out to people in the workplace who you think would be willing to assist you with your discrimination claim and ask them to write down what they have witnessed. 
  • Credibility of Witnesses – Consider the credibility and position of each potential witness. Testimonies from individuals in varied roles can offer a comprehensive view of the discriminatory environment.

Legal Representation

  • Engage an Employment Law Specialist – A legal professional experienced in discrimination cases can support you with your Employment Tribunal claim. They can provide invaluable advice and guidance from the outset, and represent you throughout the legal proceedings. 
  • Professional Assessment – An expert in discrimination and employment law can assess the strength of your evidence, advise on any additional information needed and present the evidence in the most effective way during legal proceedings. They can help you turn a difficult case into a winning one. 

Getting Support with Discrimination at Work in London 

All in all, evidence is the cornerstone of any workplace discrimination claim. Understanding what constitutes strong evidence and how to effectively gather it is crucial. For anyone facing discrimination at work, being proactive about documenting incidents can make a significant difference in the outcome of a claim. Do not hesitate to seek professional legal advice either as most discrimination claims need to be filed within three months less one day from the date that the most recent discriminatory behaviour occurred. 

Should you be searching for someone who can assist you with discrimination at work in London, contact Damian McCarthy today. Damian is regularly instructed on discrimination cases involving difficult issues and he has an in-depth understanding of discrimination law. He is known for his client-focused approach and will never settle your case because it is in his interest to do so. He will quickly get to the heart of your case and help to ensure you have everything required to develop a winning strategy that will get you results.

Tackling Age Discrimination in the Workplace

Age discrimination at work is something that many employees face and it can take various forms, from subtle biases to overt actions that negatively impact your career. Contrary to common belief, this type of discrimination can affect all age groups. Not only are older people discriminated against in the workplace, but younger people are too.

In addition to impacting the individual being discriminated against, age discrimination has far-reaching consequences for both employees and organisations. It influences morale, leading to reduced job satisfaction and productivity. Not to mention, it can limit innovation and growth as organisations do not invest in age-diverse teams.

Addressing discrimination requires proactive steps. Employees should be aware of their rights under UK law and take appropriate action when necessary. By tackling age discrimination head-on, employees can help to create a fairer and more inclusive work environment for everyone. Below we have delved into the issue of age discrimination in more detail.

What is Age Discrimination at Work?

Age discrimination occurs when an employee is treated unfairly because of their age. It can affect people at every stage of UK employment, from recruitment and promotions to dismissal and retirement. However, this type of discrimination often targets those who are considered to be “too young” or “too old” for a particular role. Recognising the signs of age discrimination in the workplace is the first step in addressing it effectively.

Common Forms of Age Discrimination

There are several different types of discrimination outlined in employment law. The Equality Act 2010 (EqA) lists “age” as a protected characteristic and employees are protected against direct discrimination, indirect discrimination, harassment and victimisation. Some common forms of age discrimination at work include;

  • Hiring and Promotion – Age discrimination can manifest during job application and promotion processes. Both older and younger candidates can be unfairly excluded or overlooked, and without objective justification, this can be discriminatory.
  • Unfair Treatment – Employees may face unfavourable treatment when it comes to opportunities, like access to training and development, based on their age. This can have a knock-on effect on their professional growth and career prospects.
  • Harassment – Age-related jokes and comments in the workplace can create a hostile environment that undermines job satisfaction. This type of discrimination can have a big impact on workplace culture.
  • Redundancy – Older employees are sometimes unfairly chosen for redundancies, especially when organisations are trying to cut costs or adopt new technologies. This can be considered direct discrimination.
  • Stereotyping – Assumptions about an employee’s capabilities, adaptability or willingness based on their age are common in the workplace. When acting upon stereotypes and prejudiced attitudes it can lead to discrimination.

Tackling Age Discrimination in the Workplace

There are lots of ways employees can be proactive in preventing age discrimination at work.

Promote Age Diversity

Encourage your organisation to embrace age diversity and inclusivity. Advocate for policies and practices that value employees of all ages and promote a culture of respect and equal opportunities. By championing age diversity, you can contribute to creating a more inclusive workplace for everyone.

Know Your Rights

It is always beneficial to familiarise yourself with age discrimination laws in the UK, such as the EqA which provides protection from age discrimination at work. Understanding your rights is the first step in addressing the discriminatory behaviour you have experienced, empowering you to take informed action to protect your interests.

Document Everything

Keep a detailed record of any age-related incidents or discriminatory actions you experience or witness in the workplace. This documentation can be crucial if you decide to make an internal complaint or take a claim to the Employment Tribunal, as it provides concrete evidence to support your case and get the justice you deserve.

Raise the Issue

If you experience age discrimination, it is essential to report it to your HR department or a relevant senior team member within your organisation promptly. Many companies have policies and procedures in place for addressing discrimination complaints, and you should also adhere to the ACAS Code of Practice on Discipline and Grievance Procedures.

Speak to Colleagues

If you feel comfortable doing so, consider talking to colleagues who may have witnessed the discrimination or experienced it themselves. Their support and willingness to share their experiences can be valuable when addressing the problem, and it can create a stronger collective voice against discrimination.

Seek Legal Advice

If the issue persists, escalates or you are unhappy with how it was handled internally, it is advisable to seek advice from an employment law expert who specialises in discrimination cases. They can assess your situation, provide guidance on your legal options and advocate on your behalf if necessary, ensuring your rights are protected at all times.

Make a Claim

With the assistance of an employment law specialist, you can take a discrimination claim to the Employment Tribunal if necessary. Pursuing a claim and getting compensation is a significant step in holding your employer accountable for the discrimination you experienced and seeking justice for any harm you have suffered at work.

Speak to an Expert About Age Discrimination at Work in London

Age discrimination is a serious issue that should not be tolerated. As an employee, you have rights and protections under the law. By understanding the forms of discrimination and seeking legal assistance when necessary, you can play a vital role in combating age discrimination in the workplace. Remember that addressing age discrimination benefits not only individuals but also organisations that strive for a more diverse and inclusive workforce.

Should you require support with an Employment Tribunal claim for discrimination at work in London, do not hesitate to contact Damian McCarthy. Damian is a dedicated employment law specialist and over the years, he has represented clients at the highest levels with a wide range of discrimination claims. He has achieved outstanding results in some very complex cases and will be committed to your claim.

With extensive experience, Damian can not only provide you with sound advice but also help you to get the compensation you deserve following an incident of age discrimination at work. You can learn more about how Damian can help on his website today. 

Disclosing Information in the Public Interest; A Guide for Whistleblowers in the UK

Whistleblowing is vital for upholding transparency and ethics in the workplace. In the UK, blowing the whistle is protected under employment law, with both the Employment Rights Act 1996 (ERA) and the Public Interest Disclosure Act 1998 (PIDA) making it unlawful for employers to be unfairly treated because they have disclosed wrongdoing. However, to ensure protection, there are several rules that a whistleblower must adhere to.

When blowing the whistle, the information must be disclosed to a prescribed person and the disclosure must be made without malice. It is also essential for employees to understand the concept of a “qualifying disclosure” and the requirement that the information disclosed is in the public interest. Below, we have delved into these crucial elements of UK employment law to help employees safeguard their rights when deciding to blow the whistle.

Qualifying Disclosure – What Does it Mean?

In the context of UK employment law, for a disclosure of information to be considered a protected disclosure, it must be a “qualifying disclosure”. Not all information that is shared will qualify for legal protection. If the disclosure is not classed as protected disclosure and you suffer detriment or get dismissed for blowing the whistle, you may not have the option to bring a claim to the Employment Tribunal. It is crucially important that employees understand what qualifying disclosure is before they blow the whistle.

  • General Public Interest – An employee has the freedom to reveal any wrongdoing in the workplace that does not abide by recognised employment law ethics. However, there should be a reasonable belief that the disclosure of information is in the public interest.
  • Employment Law Violations – The disclosure of information should relate to specific types of wrongdoing. This includes; a criminal offence, failure to comply with any legal obligations, miscarriages of justice, health and safety violations, damage to the environment, and the cover-up of any of these.
  • Reasonable Belief – When disclosing information, an employee must have a genuine and reasonable belief that the information they are disclosing falls under one or more of these categories. This belief is critical in determining the legitimacy of the disclosure.

The Public Interest Requirement

When making a whistleblowing claim, there are several ways employers will attempt to defend themselves. From stating that the case was not made in “good faith” to arguing that the detriment or dismissal was the result of unrelated factors, it can be difficult to win a whistleblowing case. Another common way employers try to discredit a claim is by stating that any disclosure was not made in the public interest.

The requirement for the disclosure to be in the general public interest underscores the importance of whistleblowers not merely serving their personal interests but acting in the broader interests of society. There are some key points to be aware of regarding the public interest requirement of qualifying disclosure;

  • Broad Significance – The disclosure must have a broader significance beyond the individual whistleblower’s concerns. It should relate to matters that affect the public, a group of people or society at large.
  • Preventing Harm – Disclosed information should aim to prevent harm, protect public health and safety or promote the greater good. It should not be motivated primarily by personal gain or grievances.
  • Legitimate Concerns – Whistleblowers must demonstrate that their concerns are legitimate and well-founded, showing that the information they are disclosing genuinely serves the public interest.
  • Balancing Act – UK employment law seeks to strike a balance between protecting whistleblowers and ensuring that disclosures are in the public interest, rather than being used as a means to settle workplace disputes.

Why These Criteria Matter

Understanding the criteria of a qualifying disclosure and the public interest requirement is of paramount importance for whistleblowers. It is highly recommended that you seek legal advice before blowing the whistle, especially if you do not know much about whistleblowing legislation. Ensuring you qualify for protected disclosure matters for reasons such as;

Legal Protection

Simply put, whistleblowers who do not meet the criteria may not receive legal protection. Unfortunately, employees may not be able to make an Employment Tribunal claim if they have not considered whistleblowing laws before voicing their concerns about wrongdoing. Having robust legal protection is crucial to being shielded from retaliation, whether this is in the form of detrimental treatment or dismissal, offering a safety net when blowing the whistle. 

Reassurance

A clear understanding of what qualifies as a legitimate disclosure is essential for whistleblowers. It empowers them to make well-informed decisions about reporting wrongdoing in the workplace. Clarity regarding the criteria of qualifying disclosure ensures that whistleblowers can confidently step forward when they believe an act of wrongdoing has happened, is happening or will happen, knowing they are doing so within the bounds of the law.

Impactful Whistleblowing

The criteria, especially the public interest requirement, serves as a compass for whistleblowers, directing their actions toward matters of significant societal concern. By focusing on public interest matters, whistleblowers become catalysts for positive changes, accountability and the greater good. This ensures that whistleblowing is not merely a tool for personal grievances but a force for addressing critical issues that affect many.

Protection Against Malicious Claims

The definition of what amounts to a disclosure and rules that any whistleblower must adhere to play a pivotal role in safeguarding the integrity of the whistleblowing process. They help prevent individuals from misusing whistleblowing protections for personal gain or ulterior motives. This protection ensures the system remains fair, encouraging genuine whistleblowers to come forward while discouraging malicious claims that could undermine trust in the process.

Making a Whistleblowing Claim

Safeguarding whistleblowers and their rights under UK employment law is essential for upholding ethical standards in the workplace. By ensuring that disclosures meet the criteria of a qualifying disclosure and genuinely serve the public interest, employees can confidently report wrongdoing without fear of retaliation. Understanding the legal requirements when blowing the whistle is key to ensuring effective protection under the law.

To get some whistleblowing advice from an experienced employment law specialist, contact Damian McCarthy today. Over the years, Damian has been regularly instructed on high-profile whistleblowing and unfair dismissal claims, and he fights hard to get the results needed. With a client-focused approach, Damian can get to the heart of a case very quickly and develop a winning strategy. He will guide you through the difficulties that you will face and be honest throughout the entire process.

If you are a whistleblower in London, where Damian is able to do so, he will provide a free initial assessment and advise you on how to proceed.

Proving Dismissal Is A Proportionate Means Of Achieving A Legitimate Aim

Discrimination arising from disability is unlawful in the UK and employees are protected by the Equality Act 2010 (EqA). Under Section 15 of this key piece of legislation, it states that;

“(1)A person (A) discriminates against a disabled person (B) if—

(a)A treats B unfavourably because of something arising in consequence of B’s disability, and

(b)A cannot show that the treatment is a proportionate means of achieving a legitimate aim.”

Therefore, the burden of proof is on the employer and if they wish to establish justification under this section of the EqA, they will need to prove that the discriminatory treatment was reasonably necessary to them achieving their aim.

When a case is taken to the Employment Tribunal (ET), the judge will have to weigh the discriminatory effect of the treatment against the needs of the employer and determine whether one outweighs the other. Ultimately, the more serious the impact of the treatment, the more well-founded the justification of the treatment must be in order for it not to be discriminatory. Should there be a less discriminatory way of achieving the aim, it will be incredibly difficult for an employer to justify the discrimination under Section 15(1)(b).

Disability discrimination cases can be even more complicated when they involve dismissal and the ET will need to focus on the dismissal itself as well as the process by which the dismissal was achieved. In the recent case of Department for Work and Pensions v Mrs Susan Boyers, the respondent claimed that the claimant’s dismissal was a proportionate means of achieving a legitimate aim. However, the ET did not agree. 

What happened in this case?

The claimant worked for the respondent from September 2005 until January 2018 when she was dismissed. 

In December 2013, the claimant was referred to the respondent’s occupational health

service concerning the migraines she was suffering from. Around the same time, the claimant raised an issue about a colleague who she said had been bullying and harassing her. 

In January 2014, the claimant asked to move desks to be away from this colleague, but this was refused. In April 2014, she asked again and said the increase in her migraines could be a result of stress arising from her colleague’s behaviour. She also disclosed that she had been treated for depression, stress and panic attacks as a result of her colleague’s behaviour. 

During 2015 and 2016, the claimant continued to ask to move to a different team or different floor of the building and these requests were all refused. In July 2016, the claimant became upset at work whilst her line manager was on holiday. Another manager intervened and arranged for her to be moved to a different floor immediately. Then, in January 2017, the claimant was moved to a different team. 

In February 2017, after a difficult call with a customer, the claimant broke down at her desk. She contacted her GP surgery and received a note that stated she was unfit for work due to work-related stress. The claimant did not return to work until she undertook a work trial at another location later that year. 

In March 2017, the claimant submitted a grievance about how the issues of bullying, stress and illness had been handled by the respondent. She stated that she could not return to work anywhere in the centre where she previously worked, but she could see herself returning to work at another location. After investigation, this grievance was not upheld.

The claimant’s line manager offered her a work trial at the Eston centre in June 2017 and she said she was willing to return to work at Eston. The work trial started in September 2017 and by October 2017, the respondent’s managers decided that the work trial had not been a success and the claimant would have to return to work in her previous location. After receiving this news, the claimant was ill with anxiety and depression, and she obtained a GP note stating that she was unfit for work due to work-related stress.

In January 2018, the claimant was dismissed and the reasons for this decision were set out in writing. These reasons included that the trial at Eston had not succeeded and the claimant refused to return to work in other centres.

The claimant brought various claims to the ET under the EqA relating to both the termination of her employment and the way she was treated during her employment. 

What did the ET decide?

During the ET’s first judgment, it was found that the claimant’s dismissal was unfair and it was declared discriminatory under the EqA. In particular, it found that dismissal was a disproportionate response for the purposes of Section 15(1)(b) in the EqA. 

The respondent argued that it had fairly and lawfully dismissed her for capability reasons. They appealed this decision and questioned whether the ET erred when concluding that the dismissal could not be justified as a proportionate means of achieving its two legitimate aims of; protecting scarce public funds/resources and reducing the strain on other employees caused by the claimant’s absence.

The Employment Appeal Tribunal (EAT) upheld the appeal and remitted the case to the same ET to assess whether the dismissal was proportionate to the respondent’s legitimate aims. The EAT concluded that the ET had wrongly focused on the process leading up to the dismissal decision without properly examining whether the dismissal itself was justified by reference to the aims relied upon by the employer. 

Upon remission, the ET reached the same conclusion that the respondent failed to show that its decision to dismiss the claimant was a proportionate means of achieving the identified aims. The ET found that the respondent failed to evaluate the claimant’s work trial in the different role and location, which, if properly evaluated, might have avoided dismissal. The ET concluded for a second time that the claim of discrimination arising from disability was well-founded.

The respondent appealed the ET’s second judgement again stating that the ET erred in law and/or acted perversely in not finding the claimant’s dismissal to have been proportionate.

This second appeal was dismissed. 

Getting some advice about discrimination and dismissal claims in London 

The case above is a clear example of how an ET will weigh up the reasonable needs of an employer against the discriminatory effect of the treatment experienced. Ultimately, should suitable alternative work be available to an employee, there may be a non-discriminatory alternative to dismissal and an employer’s failure to consider this alternative can result in the dismissal being discriminatory and unfair in the eyes of the law. 

If you are experiencing discrimination in the workplace or you think you might have been unfairly dismissed, do not hesitate to contact Damian McCarthy. Damian has extensive experience in employment law and he is regularly instructed to assist with complex claims of discrimination and dismissal. Over the years, Damian has represented clients at the highest levels and he is known for achieving outstanding results. You can trust Damian will always have your best interests in mind and his client-focused approach makes him very popular. To find out more about how Damian can assist you, explore the rest of his website today.

Making Reasonable Adjustments In The Workplace

Disability is one of the listed ‘protected characteristics’ in the Equality Act 2010 (EqA) and if you suffer unfavourable treatment due to having a disability, you may be able to take a claim to the Employment Tribunal. The EqA recognises and protects against several types of discrimination, including; direct discrimination, indirect discrimination, harassment and victimisation, and employees are protected during every section of UK employment. 

Uniquely, when making a disability discrimination claim, employees are also protected against any discrimination that occurs when employers do not make reasonable adjustments in the workplace. Under Chapter 2 of the EqA, all employers have a duty to make reasonable adjustments in the workplace to ensure disabled employees are not at a substantial disadvantage when compared to non-disabled employees. Failure to comply with this duty can result in a discrimination claim being made. 

What are ‘reasonable’ adjustments?

An employer’s duty comprises three requirements;

(3)The first requirement is a requirement, where a provision, criterion or practice of A’s 

puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

(4)The second requirement is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

(5)The third requirement is a requirement, where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid.                                                    “

Several factors will influence what adjustments are considered to be ‘reasonable’, such as; the cost and practicability of making an adjustment, the size of the organisation, and the resources available to the employer. 

It is important to note that making reasonable adjustments applies to all areas of UK employment. Not only do employers have a duty to make adjustments during the period of employment, but they also have a duty during the recruitment and dismissal processes too. Many employees do not realise this is the case and they may be at a disadvantage when compared to non-disabled employees. 

An example of reasonable adjustments not being made

In the case of Knightley v Chelsea & Westminster Hospital NHS Foundation Trust, the claimant was employed as a Lead Midwife for Mental Health in 2009. She played a key role in maintaining high standards of care for women experiencing mental health problems during pregnancy and the postnatal period. 

From around 2007, the claimant suffered from stress, anxiety and reactive depression, and she was taking prescribed antidepressant medication. Problems with the claimant’s attendance started towards the end of 2012 and in 2014, a flexible working arrangement was implemented to help improve the claimant’s attendance record. 

The claimant was then off work from August 2015 to September 2016 on the grounds of ill health. Upon returning to work, she was temporarily deployed to the antenatal clinic to facilitate the resumption of her substantive post. She was then off work on the grounds of ill health from March 2017 until the termination of her employment. 

There was a long-term sickness absence hearing in January 2018, this was the second hearing of this kind that the claimant had been involved in. The claimant was reminded that this hearing could result in her dismissal. During the hearing, the claimant said she was unfit to work indefinitely, she no longer felt able to return to work and there were no adjustments which would enable her to do so, and she wished to apply for ill-health retirement. 

The outcome of the hearing was that the claimant would be dismissed with 12 weeks’ notice on grounds of capability. A letter was sent to the claimant summarising the reasons for dismissal and notifying her of her right to appeal within ten working days of the letter. The claimant asked for a two-week extension of time to appeal, but this was refused. She submitted a summary appeal, but this was not considered by the respondent as it was out of time. This led to the claimant making a claim for unfair dismissal and discrimination arising out of disability. 

An Employment Tribunal upheld part of her claim and found that the employer had failed to make a reasonable adjustment to its procedure when dismissing the employee because it did not allow her an extension of time to appeal. It provisionally awarded the claimant £3,000 for injury to feelings. However, it also found that the claimant would have been dismissed in any event. So, ultimately, the dismissal was procedurally and substantively fair and proportionate. Therefore, her claims for unfair dismissal and discrimination arising out of disability were dismissed. 

The claimant appealed the Tribunal’s decision on 4 grounds. She argued that the Tribunal’s finding that she was unreasonably denied an opportunity to appeal against her dismissal should have led to her other claims succeeding. She said that the Tribunal had not sufficiently explained how her dismissal could be fair or proportionate given this finding.

The Employment Appeal Tribunal dismissed the appeal and found that this was not a case in which an appeal would have prevented the dismissal of the claimant. Given the strength of the reasons for dismissal, the lack of any realistic alternatives to dismissal and that the appeal would not have made any difference in the outcome, the lack of such an appeal did not render the dismissal disproportionate. 

What can be learnt from this case?

Although the claimant in this particular case did not win her claim, it highlights the importance of always making reasonable adjustments. Making reasonable adjustments during the dismissal process is equally as important as making reasonable adjustments during employment. If some of the circumstances were different in the case above, such as if there was a chance the appeal against the dismissal would have been successful, the claimant might have won her unfair dismissal and discrimination claim. 

This case also highlights how crucial it is that all employers carry out a fair procedure when dismissing an employee. To ensure fair practice is maintained, all employers must abide by two key areas of law and a dismissal should be made on fairgrounds in which there is clear evidence of employee wrongdoing or be made in regards to either an issue of redundancy or underperformance at work. Fairness is always a key component in an employee being properly dismissed and it is something that is taken into consideration in all unfair dismissal claims

Speaking to an employment law expert about disability discrimination claims

If you have any questions about disability discrimination and the duty an employer has to make reasonable adjustments, do not hesitate to contact Damian McCarthy. Damian has more than two decades of experience helping clients who are being discriminated against in the workplace and he is regularly instructed on high-profile and complex discrimination cases. You can rely on Damian to provide you with the sound employment law advice you need. 

Should you want to take a claim to the Employment Tribunal, Damian will work with you to develop a winning strategy that will get you results. Damian will be committed to winning your claim and he always lives up to his reputation of being a tough and effective employment law specialist. You can find out more about how Damian can help you on his website and feel free to get in touch today to arrange a free initial assessment with Damian.