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It is unlawful for your employer to discriminate against you on the basis of your sexual orientation. The act applies to homosexuality, bisexuality, and heterosexuality equally. Also, you are protected against perceived discrimination, that is, where assumptions are made about your sexual orientation which are incorrect.
Employers need to make sure that their policies in areas such as recruitment, promotion and dismissal include provisions on preventing discrimination on the basis of sexual orientation.
If you have been discriminated against because of your sexual orientation, our highly experienced employment team are able to help.
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.
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