Discrimination For Employers
Receiving a claim for discrimination from a prospective, current, or former employee can be deeply concerning, especially if it arises from a misunderstanding or lacks any basis. Such claims can be time-consuming and potentially impact your personal and organisational reputation.
At Cocks Lloyd Legal, our employment law solicitors have the expertise and experience to handle any discrimination claim against your organisation. We can take the claim off your hands, allowing you to focus on your core role, confident that the matter is in capable hands. Where possible, we use Alternative Dispute Resolution (ADR) methods such as mediation, negotiation, or arbitration to resolve the issue with minimal impact on all parties involved. Our specialist Employment Law Solicitors have been recognised in the Legal 500 and have a robust reputation for guiding businesses in Nuneaton, Warwickshire, and across the Midlands through discrimination law matters.
Based in our Nuneaton city centre offices, Cocks Lloyd Legal is a diverse, multi-lingual law firm. Our solicitors use top-tier technology to provide clients with streamlined, modern, and highly effective employment law advice and representation. Our years of experience in employment law have earned us a strong reputation for excellence with the UK’s best Barristers and King’s Counsel, Accountants, and Counsellors, who can support our employment law department when needed. Our clients also benefit from our ability to instruct the country’s most respected expert witnesses.
Common Questions About Discrimination for Employers
What Are Protected Characteristics?
Under the Equality Act 2010, it is unlawful to discriminate against a person on the grounds of any of the nine protected characteristics:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
This means you must not treat one member of staff differently from another due to one of these protected characteristics. For example, it is unlawful to refuse to interview a candidate over a certain age because you believe your clients prefer to deal with younger people. Employers must not make assumptions about a person’s ability to perform a role based on a protected characteristic.
Do I Have a Legal Duty to Make Changes to Accommodate a Person with a Disability?
The Equality Act 2010 imposes a legal duty on employers to make reasonable adjustments for employees with disabilities if their disability places them at a substantial disadvantage compared with non-disabled people or those without the same disability. This duty applies to both existing employees and prospective job candidates. It is essential to understand the boundaries of this requirement, as employers are only required to do what is reasonable. Whether an adjustment is reasonable depends on various factors. If you are unsure about the extent of your legal duty in this area, our employment law team can assess the situation and recommend the best course of action.
Can I Ask a Job Candidate About Their Health or Disability?
Except in limited situations, the law prohibits asking a candidate about their health or any disability until:
- They have been offered a job (conditionally or unconditionally), or
- They have been included in a pool of successful candidates to be offered a job when a vacancy becomes available
Therefore, avoid asking such questions during an interview, in a health questionnaire, or by referral to a third-party health practitioner. The purpose of this rule is to ensure all candidates are assessed on their ability to perform the role and not dismissed due to their health or a disability.
Am I Responsible for the Discriminatory Actions of an Employee?
Yes, if a member of your staff discriminates against another person, you can be held legally responsible for those actions. For this reason, it is recommended to provide new employees with training on equality and diversity law and clearly state your expectations of their behaviour. It is also important to document the expected standards of behaviour in an Equality and Diversity Policy and ensure it is consistently enforced across the organisation.
Why Choose Us?
One key element of business success is having a positive and productive team motivated to achieve the business’s growth objectives. Our Solicitors are businesspeople themselves and understand that every decision must reflect commercial reality. We receive most of our instructions through word-of-mouth recommendations because employers in Nuneaton and Warwickshire trust that we have the knowledge and dedication needed to protect their best interests.
We focus on results and achieving them in the swiftest, most cost-effective way possible. Our Employment Law Solicitors handle your legal concerns, allowing you to concentrate on your organisation’s future.
Cocks Lloyd Solicitors provides exceptional Discrimination For Employers and Employment Law services to clients. People choose and recommend us not just in Nuneaton, Tamworth, Atherstone, Hinckley and Leicester, but across Warwickshire, Staffordshire, Leicestershire and the West Midlands, and the whole of the UK, because we get results.
To receive expert advice and representation regarding Discrimination For Employers and Employment Law, please contact us using the form below, call us on (0247) 6641642, email via the Request a Callback form on this contact page.