Discrimination Claims

Criteria needed to qualify for discrimination claims

To qualify for a discrimination claim in the UK, an individual must meet certain criteria. First, they must belong to a protected characteristic group as defined by the Equality Act 2010. This includes age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

Second, they must have experienced unfair or unfavourable treatment because of their protected characteristic. Third, the treatment must not be justified by a legitimate reason. Finally, the individual must have suffered some form of harm or loss, such as emotional distress or financial loss. Contact our team at Claims Bible if you would like more advice on what constitutes discrimination in the UK.

The legal argument for discrimination claims

The legal argument for discrimination claims is based on the Equality Act 2010 . This law provides protection against discrimination, harassment and victimisation on the grounds of protected characteristics. It also requires employers and service providers to make reasonable adjustments for disabled people. Discrimination claims can be brought in several ways, including:

Direct discrimination

This occurs when a person is treated less favourably than another person in the same situation because of a protected characteristic.

Indirect discrimination

This occurs when a policy or practice appears to treat everyone equally but actually puts people with a particular protected characteristic at a disadvantage.

Evidence needed to support discrimination claims

To support a discrimination claim, the individual must provide evidence that they have been subjected to unfair treatment because of a protected characteristic. This can include witness statements, emails, recordings and other documentation that show the discriminatory behaviour.

The individual must also demonstrate that the behaviour was not justified by a legitimate reason, such as health and safety concerns or business requirements. In cases of disability discrimination, the individual must provide evidence of their disability and the impact it has on their ability to carry out their job or access services.

How much compensation could you be entitled to?

Compensation amounts for discrimination claims will vary depending on the severity and impact of the discrimination. The compensation can include both financial and non-financial damages. Financial damages can include loss of earnings, future loss of earnings and any expenses incurred as a result of the discrimination, while non-financial damages can include injury to feelings, loss of self-esteem and damage to reputation.

The amount of compensation awarded for injury to feelings can range from a few hundred pounds to tens of thousands of pounds. However, this will depend on the severity and the impact of the discrimination experienced by the individual. Compensation for loss of earnings can also vary depending on the individual’s salary and how long they were out of work as a result of the discrimination.

The claims process for discrimination claims

The first step in the process is to file a claim with the Advisory, Conciliation and Arbitration Service (ACAS). ACAS is an independent organisation that provides free advice and assistance to employees who are considering making a claim. Once a claim has been filed, ACAS will contact the employer to see if they are willing to participate in a process called Early Conciliation.

Early Conciliation is a voluntary process where a trained conciliator will try to resolve the dispute between the employer and employee. The conciliator will talk to both parties and try to find a solution that is acceptable to both sides. If a settlement is reached, the case will be closed and no further action will be taken. If no settlement is reached, the employee can proceed with their claim.

Common questions

How long do I have to file a claim?

You must file a claim with the Employment Tribunal within three months of the discriminatory act or behaviour occurring. In some circumstances, the time limit may be extended, but this is rare.