Discrimination

Guidance categories
  • Discrimination (6)

What counts as a disability? Do I have a disability?

The Equality Act 2010 defines a disability as you having "a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities". What does ‘substantial’ and ‘long-term’ mean in terms of disabilities? ‘substantial’ is more than minor or trivial, eg it takes much longer than it […]

Burden of proof

Igen v Wong [2005] ICR 9311 is one of the most important cases covering the burden of proof in discrimination cases. The case, in summary, concluded that when an employee has provided evidence of discrimination the burden of proof moves to the employer to prove that the treatment was not on the grounds of discrimination. This […]

Harassment

Harassment is what we call it when the things you are being 'bullied' due to/or linked to a protected characteristic. Often a company might try to argue that the behaviour is "banter" which it only is if the victims see it that way based on the ruling in Reed v Steadman (1999 IRLR 299). By […]

How long do I have to lodge a tribunal claim?

Typically you can lodge a claim to a tribunal up until 3 months after the issue took place, not from the date you submit your grievance. If things have been ongoing for a while you will have to say that the last event was part of an ongoing campaign against you and that the latest […]

What is the best way to keep notes?

One of the best ways to keep notes of events that have happened to you is to email yourself from your work email so that the notes have an undisputed timestamp on them. This makes it impossible for the employer to argue you have made up the notes and diary at a later date. Make […]

Is there a previous history of similar discriminations or other complaints?

Do you know of anyone else at your workplace that has complained about similar events, maybe even regarding the same people? This can be excellent evidence of failures by your employer that will further strengthen your case. The employer has a responsibility through laws to do whatever is reasonable to keep you safe at work. […]
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