Irrespective of the length of period of employment, an employee may have a claim against their employer if they are treated less favourably on the grounds of one of the nine protected characteristics:
- pregnancy and maternity
- sexual orientation
- gender reassignment
- marriage and civil partnership
- religion or belief
A claim may arise even before employment has begun, if the employer has advertised vacancies, selected interview candidates or offered employment in a discriminatory manner.
Franklins’ employment law team has extensive experience with all types of discrimination claims, helping our clients to defend their rights and secure compensation where appropriate.
Our team includes experts in negotiation, mediation and Employment Tribunals, meaning that however your case progresses, we can advise you on the best strategy to achieve a fair outcome.
Please do not hesitate to contact us if you feel that you have suffered unfair treatment in connection with or as a result of any of the above.
You can get in touch with our expert discrimination solicitors in Northampton and Milton Keynes by contacting your local Franklins’ office or use the contact form on the right to request a call back.
Our workplace discrimination services in Milton Keynes and Northampton
Franklins Solicitors support clients with discrimination claims in Milton Keynes and Northampton, as well as throughout Northamptonshire, Buckinghamshire and the rest of the UK.
Our employment law solicitors can advise and represent you with all types of discrimination claims, including but not limited to those involving:
- Not being hired due to a protected characteristic
- Being passed over for promotion due to a protected characteristic
- Being selected for redundancy due to a protected characteristic
- Being paid less than someone else due to a protected characteristic
- Indirect discrimination, such as being offered less favourable working conditions
How we can help you with workplace discrimination claims
There are various ways we can help you if you believe you have been discriminated against due to a characteristic protected under the Equality Act 2010. We appreciate that each situation is unique, so will always offer an approach tailored to your circumstances and requirement.
Informal negotiations with your employer
In many cases, claims can be resolved by speaking to your employer informally. We can advise you on your rights and the approach you might take if meeting with your employer alone or we may be able to accompany you when meeting with your employer to help make sure your interests are represented effectively.
You employer may offer a ‘settlement agreement’ to resolve the matter. This will typically involve you accepting a one-off payment in exchange for agreeing not to pursue a discrimination claim over a specific incident or series of incidents.
This can be a fast, effective way to resolve discrimination disputes that allows you to avoid a lengthy legal process with an uncertain outcome. It can also allow you to maintain a more positive relationship with your employer, which can be highly valuable if you wish to continue working for them.
Before taking a claim to an employment tribunal, you will need to submit a request to Acas (Advisory, Conciliation and Arbitration Service) for early conciliation.
Acas will then explain how the process works and if you are willing to attempt early conciliation and Acas believe they can help, they will then assign a conciliator to try to resolve the dispute.
The conciliator will meet with you and the employer and try to help both sides to agree a solution wherever possible, allowing you to avoid the need for an employment tribunal.
If early conciliation does not work or you/Acas believe it is not appropriate, you will need to submit a claim to an employment tribunal. This will involve both you and the employer presenting your cases at a tribunal hearing where a judge will then decide the outcome.
This can be a highly effective way to resolve discrimination claims, but does mean you will have to wait for a hearing date and appear at the hearing in person, meaning it can be a slower and more stressful way to deal with a claim.
Time limits for workplace discrimination claims
You will normally need to make a claim to an employment tribunal for discrimination within 3 months less 1 day of the discrimination occurring. However, for equal pay claims, the time limit is 6 months less one day.
In some cases it may not be clear exactly what date the time limit should be counted from, for example, if the discrimination involved a number of incidence over a period of time, rather than a single incident on a specific date.
In such cases, the discrimination is said to be ‘continuing’ and the time limit will generally be counted from when the period of discrimination ended i.e. when the last incident of discrimination occurred.
In other cases, you may only find out about discrimination having taken place some time afterwards. For example, you may find out you were passed over for a promotion due to a protected characteristic days, weeks or months after the decision was actually taken.
In these circumstances, the time limit will usually be counted from the date when you became aware of the discrimination, rather than when it actually occurred.
If you pursue early conciliation and this does not result in a satisfactory outcome, you will always have at least 1 month from the time the early conciliation process ends to bring a claim to an employment tribunal.
Knowing exactly how to apply the time limits for discrimination claims can be complicated, so it you believe you have been treated unfairly by an employer due to a protected characteristic, we recommend speaking to one of our employment lawyers now matter how much time has passed.
It is also worth noting that employment tribunals can extend the time limits for bringing a claim under exceptional circumstances. We will be happy to advise you if we think this may be worth pursuing for your claim if it is otherwise outside of the normal time limit.
Our expertise in workplace discrimination claims
Franklins has been helping employees to pursue discrimination claims for many years with a strong track record of success for our clients. Our expertise means we can ensure all of the relevant factors are considered and any necessary evidence is collected and presented effectively, giving you the strongest chance of a fair result.
With more than 100 staff split between our two office offices in central Milton Keynes and Northampton, we can give you access to exceptional breadth and depth of expertise in employment law and other useful skillsets. We have a particularly well-regarded dispute resolution team, meaning that we can typically find a positive solution to employment disputes quickly and cost-effectively.
We are accredited to ISO 9001 standard and have achieved the Law Society’s Lexcel accreditation. We are also a recognised Investor in People thanks to the high standards of our staff training. These attainments reflect our commitment to providing excellence as standard, not as an exception.
Get in touch with our workplace discrimination claims solicitors in Northampton & Milton Keynes
For help with a workplace discrimination claim in Milton Keynes, Northampton and the surrounding area, please contact your local Franklins’ office, or use the ‘Next Step’ button below to arrange an appointment.