Equal Opportunities and Discrimination
There is no limit on the level of compensation that can be awarded by employment tribunals in cases of unlawful discrimination and harassment. This is of particular relevance in cases involving senior employees and executives, although theoretically large awards can be made to even the lowest paid employees.
The most common types of discrimination claim still involve sex (including equal pay), race or disability discrimination, although it is now also unlawful to discriminate on grounds of sexual orientation, religion and belief.
From October 2006 it will also become unlawful to discriminate on grounds of an individuals age.
Fixed-term employees and part time workers are also protected from receiving less favourable treatment than their full time counterparts.
Recent changes in disability discrimination law are set to lead to a marked increase in disability discrimination claims against small employers who are no longer protected by an exemption from the Disability Discrimination Act. All employers are now required to make reasonable adjustments to the working conditions of disabled employees, regardless of whether they know about the disability or regard it as a disability. The term “disability” has a far wider application than most people realise. There is no requirement for the individual to be registered disabled and many disabilities are invisible to the casual observer.
The employer who ignores equal opportunities, unlawful harassment and discrimination, does so at their peril. A significant discrimination claim against a small business, quite simply has the potential to sink that business financially.
We suggest that all employers review their equal opportunities policies regularly.