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Tips for employers facing discrimination claims

Discrimination claims can be brought against businesses by their employees for a number of reasons and on different grounds. If discrimination claims have, or are being brought against you by one of your existing or former employees, here are a few tips to ensure that your business conducts itself in the correct manner during the legal proceedings.

  • If a claim is being raised by an existing employee, ensure that the employee bringing the claim is treated exactly the same as other employees during the proceedings.  If you react by treating someone differently because they have raised a claim or grievance against you, this could result in further claims against you for discrimination or victimisation. 
  • Be very careful as to what you and your colleagues say about the employee in question, both verbally and in writing. Even the most flippant of remarks, particularly in emails, can be held against you at a tribunal. An employee can access personal information which relates to them and the content of that request can often be quite damaging.
  • If you decide to take disciplinary action against an employee who has raised a claim, you should ensure that the business has a solid paper trail to prove that the decision has not been taken based for genuine reasons and is not linked to their discrimination claim in any way.
  • Ensure you take prompt advice. Some employers choose to ignore the claim, hoping that it will go away and when they do take advice; their position may already have been compromised. At Stephensons, we are happy to advise you on the merits of that claim at any early stage explain options/tactics available to you and if required, prepare your case for Tribunal.

If your business is facing a discrimination claim and you would like some expert employment law advice, get in touch with Stephensons today on 01616 966 229 to speak to one of our employment law solicitors.


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