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Sex discrimination is currently making the headlines in the #metoo era. Sex discrimination can take many forms and can include pay discrimination where there is inequality of pay between men and women both in terms of salary and bonus. You may have a claim for equal pay alongside a sex discrimination claim.
Employers need to be alert to avoiding discrimination in many areas of the employment relationship from recruitment and remuneration to promotions and redundancy selection. Vardags is able to help employees who are facing difficulties in any of these areas and provide support through both internal company processes and Employment Tribunals. The team’s considerable experience and skillset allows us to be confident that we will reach the best possible outcome for each of our clients. We fight hard for our clients to tackle discrimination no matter the opposition.
All employers should promote an equal opportunities workplace. There should be a clear policy in place demonstrating a commitment to diversity at work.
A lack of diversity in the workplace could point to unconscious bias.
If you are pursuing a claim for race discrimination and your employer’s equal opportunities track record is poor or where your employer is only paying lip service to an equal opportunities policy, this could be relevant evidence for your case.
Sometimes a woman will have no more than a sense that she is being paid less than a male colleague. It can be hard to prove this where there is no pay transparency and colleagues do not share pay scales and information.
It is unlawful to pay men and women differently when they are performing like for like work or work of equal value. This includes basic pay as well as bonuses, rates for overtime, hours and benefits in kind. You will need to be able to point to a comparable colleague as part of your employment claim who you believe is being paid more than you.
Each element of a pay package can be directly compared and it is not enough for your employer to simply point to a global pay package to challenge a claim of pay discrimination.
The employment team at Vardags has a strong track record of obtaining orders from Employment Tribunals for employers to disclose pay data in order to progress claims for sex discrimination and equal pay.
Not being considered for a promotion because of your age is age discrimination. This is a clear example of less favourable treatment because of your age.
In order to succeed in a claim for discrimination, you will need to put forward facts from which it can be presumed that there has been discrimination. An Employment Tribunal will usually seek to take a wide view as to what can be established from these facts whilst taking into account the employer’s version of events. Once such facts have been established, the burden is then on the employer to disprove the discrimination claimed.
The process of bringing a claim against an employer can involve the opportunity to ask questions and make disclosure requests in order to obtain further information in support of your claim. Evasive responses to these questions can lead to inferences of discrimination by an Employment Tribunal.
High quality legal advice at an early stage can make huge differences in case outcomes. It is essential to ensure the relevant facts are put forward clearly and robustly to achieve a tactical advantage and to put pressure on your employer from the outset.
The employment team at Vardags is well placed to draft employment claims which put you in the best position to win your claim or to achieve the best possible settlement.
If ageist comments are being made about you, you may have a claim for harassment which is a type of age discrimination. For example, if a comment is made that you are too old to get to grips with technology at work, this would amount to age discrimination.
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