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Harassment and Discrimination

Contact Thornber HR Law for Legal Advice on Harassment or Discrimination at Work

Ben Thornber

Ben Thornber

Harassment and Discrimination Lawyers, Edinburgh, Tayside, Fife and Central Scotland

With Ben Thornber, you get someone who has the know-how, personality and practical no-nonsense style to advise harassment and discrimination issues.  Based in Dunfermline, Ben advises businesses and individuals in Fife and across Scotland.  Give Ben a call on 01383 27 2000 or fill out our online enquiry form to arrange your free initial discussion.

Harassment and Discrimination Advice

The law protects individuals from discrimination and harassment. This means that employees have the right to work without fear of being treated differently or harassed because of certain characteristics, and individuals can apply for jobs knowing that the characteristic will not impact on their prospect of success.

If there is an issue of discrimination or harassment within your workplace, contact Ben Thornber for advice and assistance.

Ben can advise you on all aspects of harassment and Discrimination law including:-

  • Legal Protection From Discrimination and Harassment
  • Direct Discrimination
  • Indirect Discrimination
  • Discrimination by Association
  • Harassment
  • Victimisation
  • Disability – reasonable adjustments
  • Discrimination Liability

Legal Protection From Discrimination and Harassment

Under the law, an employee, job applicant or former employee cannot be treated less favourably – whether on pay, other terms of employment, or day-to-day treatment – because of their race, a disability, religion or belief, gender or sex, sexual orientation, age or a result of pregnancy or marital status. These are known as “protected characteristics”.

The law outlines the specific conduct that is prohibited for these protected characteristics:

Direct Discrimination

This covers circumstances where a person discriminates against another on the grounds of one of the protected characteristics.  For example, not giving someone a job because they are from a different nationality or race, or because they are disabled or too old, would amount to direct discrimination.

Indirect Discrimination

Indirect discrimination occurs where a provision, criteria or practice applies equally to everyone, but has a disproportionate adverse impact on a group which shares a particular characteristic, and an individual with that characteristic is disadvantaged accordingly.  For example, requiring women to work full time impacts on them more than men because women are more likely than men to need to look after the family.  The requirement may therefore be indirect discrimination – but not always, if the employer can give good reasons for it and the rule cannot be accommodated in any other way, eg by allowing part- time work.

Discrimination by Association

Discrimination by association occurs where an employee is discriminated against because they know or are associated with someone with a protected characteristic.  For example, if an employee is required to look after a disabled relative, an employer may need to allow more flexible working arrangements; if not, discrimination would occur through the employee’s close association with the relative’s protected characteristic (disability).

Harassment

This covers circumstances where an individual takes part in unwanted conduct towards another on the grounds of a protected characteristic.  Examples would be racist or sexist comments directed towards another employee, or any other bullying behaviour which is related to a characteristic (sex, race, disability etc).

Victimisation

Victimisation is where an individual discriminates against another on the basis of that person (i) making a complaint of a breach of equality law, (ii) giving evidence in connection with an alleged breach, or (iii) bringing proceedings in connection with an alleged breach of equality law.  A typical example would be if an employer sidelined an employee because he/she had brought a complaint of discrimination or harassment by another employee.

Disability – reasonable adjustments

Employers are required to make reasonable adjustments to accommodate those with a disability.  What amounts to a “reasonable” in this context depends on the facts in each case, but employers are expected to go quite far to meet their obligations

Discrimination Liability

Employers can be held vicariously liable (ie responsible) for the discriminatory actions of employees – even if the employer were unaware or disapproved of their actions.

Employees can issue a claim to an Employment Tribunal within three months after the act of discrimination has occurred. Successful claimants will be awarded injury to feelings and, if relevant, compensation for loss of earnings.

Enquire

Latest News

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Ben’s Top Tips

Three top things to think about before dismissing someone

  1. Could they do another role?
  2. Have you carried our fair process?
  3. Is it appropriate to have a protected conversation?

Read more

Contact:

01383 27 2000

info@thornberhrlaw.co.uk

© Copyright Thornber Employment Law Ltd

Ben Thornber is a solicitor with a current practising certificate.  He meets the requirements of a being `qualified lawyer’ and `relevant adviser’ for the purposes of advising on settlement agreements.  Any legal and HR advice Ben Thornber provides through Thornber HR Law is covered by a contract of insurance.  However, Thornber Employment Law Ltd (t/a Thornber HR Law) is not a law firm and is not regulated by the Law Society of England and Wales or the Law Society of Scotland

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Call us on:

Dundee – 01382 339071
Dunfermline – 01383 272000
Edinburgh – 0131 644 3445
Glenrothes – 01592 373991
Grangemouth – 01324 289105
Kirkcaldy – 01592 373991
Livingston – 01506 309771
Perth – 01738 310565
Stirling – 01786 608668

Ben Thornber is a professional and competent employment lawyer. Having worked with Ben for only 3 months, he has quickly gained a grasp of how we work and what our business needs are.

Emma NivenManaging Director, Loch Leven’s Larder

You were highly recommended to us, with regards to our re-draft of our Contract of Employment and Handbook. From the start to the finish you were very helpful, friendly, efficient and professional. We will not hesitate in recommending Thornber HR Law to anyone. Thanks once again for a first class job.

Wendy Turnbull

Ben, many thanks for all your help with our employment contract review. For a change it was really good dealing with a real expert who knows exactly what he is talking about.

David Shuster Managing Director, Managed IT Experts

I can safely say that Ben stands out head and shoulders above anything that even the largest Blue Chip companies can throw at you.

Philip OldhamCEO Lyle and Scott Ltd

The service provided by Ben was exceptional from the initial meeting to completion. I have no hesitation whatsoever in recommending and using Ben Thornber HR Law.

Alexander Cruickshank, Director AMC Removals Managing Director, Managed IT Experts
The advice we receive from Thornber HR Law is straight forward, legally sound and commercially viable. Ben is always available and very easy to understand and communicate with.
Tommy BrodieSenior Agent, NFU Mutual Insurance

I would highly recommend Ben and Thornber HR Law as a company for businesses both large and small

Neil AlexanderDirector, Eclipse-IP

The service that you gave was timely, needed and most importantly ensured piece of mind

John Somerville JM Services
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