Discrimination Law Solicitors UK.

Employment, Human Rights and Discrimination Law
Work In The 21st Century

The last quarter of the 20th century ushered in an unprecedented number of important changes in employment law. The impact these have had on the workplace and the relationship between employer and employee cannot be under-estimated.

The changes arose due to a combination of factors, including a better educated and informed general public, shifts in traditional social structures and the influence of EC social policy.
Employment - The Issues

For most of us nowadays, our working lives will span at least 40 years. Given the vast amount of employment issues in existence today, it is likely that you will encounter at least one of these in your day to day working life.

Here are just some of the main employment and discrimination matters that could have a major effect on your working life, whether as an employer or an employee.

* agency workers
* breach of contract
* compromise agreements
* continuity of service
* criminal convictions
* disability
* employment contracts
* employment tribunals
* half truths in CVs
* health and safety matters
* job sharing
* maternity rights
* minimum wage
* mobility clauses
* paid holiday
* part-timers
* race discrimination
* restrictive covenants
* retirement
* self employment
* sex discrimination
* sexual harrassment
* sexual orientation
* sickness absence
* terms and conditions of employment
* transfer of undertaking regulations
* unfair dismissal
* union representation
* unlawful deduction from wages
* whistle blowing
* work permits
* working hours
* working time regulations

Some of these matters will affect your working life in a minor way, but on occasion problems do arise. Employment law can seem complex and confusing to the layperson and we would recommend that you seek legal advice and assistance as soon as possible.
How We Can Help

At A & W M Urquhart we can provide that valuable assistance and advice on employment issues and put your mind at rest.

Clients benefit from our 125 years of experience and our genuine understanding of the problems and solutions that they need to discuss with us.

We understand the importance that both employers and employees place on a stable working relationship. It is in the best interests of both employer and employee to sort out any problems quickly and we will ensure that advice is given and solutions identified, as soon as possible. A & W M Urquhart Copyright © 2003,
A & WM Urquhart

Employment Law - Discrimination Claims
Complaints for discrimination are on the increase. It is not an easy area of law to understand. There can be costly results if a claim is successful.

* Types of discrimination
* Main forms of discrimination
* Procedure and awards

Types of Discrimination
The current law provides that employees must not be discriminated against on grounds of sex or marital status, race or ethnic origin, disability or trade union membership.

New legislation is timetabled to come into force to deal with further discriminatory matters. Although the dates are not set in stone, the chart below provides an idea of the new areas of legislation upon which are able to provide advice. The new regulations will also deal with the issues of harassment and victimisation in more detail although these types of discrimination are already pursuable in a tribunal.

Date of Legislation Area Covered
Spring 2003 Sexual Orientation, religion and belief. Amendments to the existing race, sex and disability discrimination legislation will be laid before Parliament. A process of consultation will commence on the issue of age discrimination
July 2003 Amended race regulations will be brought into force
December 2003 Regulations relating to sexual orientation, religion and religious belief will come into force
Spring 2004 Consultation will commence regarding the age regulations
December 2006 Regulations relating to age will come into force

Main Forms of Discrimination
Discrimination comes in two main forms – direct and indirect.

Direct discrimination occurs where the employer treats a job applicant or existing employee less favourably on the ground of their sex, race or disability. The applicable test in law is to apply a comparator who will be of the opposite sex or alternative racial group. The question is whether or not the applicant would have been treated differently and more favourably had it not been for their sex etc. It is expected that this definition will continue under the reformed legislation.

Indirect discrimination occurs when 4 conditions are satisfied:

1. The employer imposes a condition which applies to all sexes (or races)
2. The proportion of the complainant’s sexual, marital or racial group who can comply with the requirement/condition is considerably smaller than the proportion of the other group which can comply
3. The requirement is not justifiable
4. It is to the complainant’s detriment that they cannot comply

The law requires a pool of comparators to determine if any discrimination has taken place.

Disability Discrimination relies on the same basic principles but the complainant must be treated less favourably due to their disability. A person suffers from a disability if they have a physical or mental impairment, which has a substantial and long-term effect on their ability to carry out normal everyday activities.

Procedure and Awards for Discrimination
Complainants have 3 months to present a claim to an Employment Tribunal. The time period starts to run from the act complained of or, a series of acts, the last of these acts.

The current awards for a successful case of discrimination are unlimited. The limits applicable to unfair dismissal claims do not apply to Discrimination claims.

Hegarty & Co Solicitors

Discrimination and Equality law continues to impact upon a wide range of activities in the public and private sphere. The scope of the law itself is determined by domestic statutory law, EU law and Human Rights law. Discrimination and equality law continues to develop rapidly.

Over the past five years, the EU has seen legislation enacted in the field of race equality; religion and belief; sexual orientation and disability discrimination and an extension to existing legislation in the field sex equality. In the past year, the UK has seen new laws against race discrimination; discrimination on the grounds of religion and belief and disability.

Matrix has a particularly strong discrimination and equality group comprising leading academic and practitioner lawyers with expertise across a range of fields, including education, election law, employment law, immigration law, public law, amongst others. In addition, we have particular strength in the overarching protection afforded by human rights and EC law.

We are ranked as a leading set in employment law/human rights law in both Chambers & Partners and the Legal 500 and many of our members are individually recommended.

Members of the Discrimination & Equality Law Group represent a full range of clients. We have members on the approved list of counsel for the Equal Opportunities Commission, the Commission for Racial Equality and the Disability Rights Commission who regularly represent the Commissions and individuals supported by them. In addition, members of the group have experience of acting for State bodies (with a number of members being on the Treasury list).

Members of the Discrimination & Equality Law Group appear regularly in all courts and tribunals. In addition, our members are often invited to speak at conferences and training events for solicitors and we write regularly on equality law issues. Matrix Chambers