Contact our offices
Make an enquiry
How can we help?
Businesses are liable for all acts of their employees and agents in the context of a discriminatory victimisation claim, whether the business did or did not have knowledge and/or approve of the alleged actions of their staff or agents.
An individual may have cause to bring a complaint or claim of victimisation if they are disadvantaged in any way as a result of having or having been believed by the business to have alleged or reported discrimination, issued tribunal or court proceedings as a result of discrimination or if they have assisted another individual in doing so.
The individual must prove a link between them having done one of these protected acts, that they did so in good faith and the disadvantage that they have suffered as a result.
Giving false evidence or information, or making a false allegation, is not a protected act if the evidence or information is given, or the allegation is made, in bad faith.
Where a complaint or claim of victimisation is received, the best way to attempt to defend it, is to first investigate and gather as much evidence as possible to establish whether the alleged conduct and / or detriment alleged has occurred. This could include the gathering and consideration of CCTV footage, audio recordings, witness statements of staff involved and all equality and diversity policies and training records available.
If you find that the conduct alleged has not occurred then all evidence in support of this can be referred to in any response to the complaint or claim.
If your investigation reveals that the acts complained of did take place, then the level of any detriment that the service user may have suffered should be considered. If it can be proven that no such detriment has been suffered then a business may be able to defend the complaint/claim on this basis.
In any event, it is extremely important to seek specialist legal advice and assistance in dealing with complaints or claims of this nature to protect your businesses reputation and minimise the potentially costly consequences of a claim and proceedings escalating. Contact our employment and discrimination team on 0161 696 6170.
A letter of claim (also known as a letter before action or pre-action letter) is a formal notice sent by a claimant to a proposed defendant before starting legal proceedings in the County Court. It sets out the basis of the claim and often includes an offer to settle, in line with the civil procedure rules and pre-action protocols, which encourage parties to attempt resolution through alternative dispute resolution before litigation. If you receive a letter of claim, it’s crucial to respond promptly, typically within 14 days for straightforward matters or up to 3 months for complex cases, to avoid potential court criticism or sanctions, such as cost penalties. If you need guidance on responding to a discrimination-related letter of claim, our specialist team is here to help.
Related services
loading staff
When an employer undertakes an office relocation, the impact on individual employees can be considerable. This is especially true when the move involves a significant change in commute or working arrangements. Understanding your rights as an employee during...
When you are referred to occupational health by your employer, it can raise many questions about your rights, the purpose of the referral, and how the information will be used. At Stephensons, our experienced employment law solicitors are often approached...
Discrimination law staff reorder
