Workplaces are environments in which anyone and everyone should feel safe and settled, though unfortunately this isn’t always the case. Whether you’re made to feel belittled within an office setting due to your gender, or you work in hospitality and a colleague or manager has made several thinly veiled insults about a protected characteristic (such as race or sexuality), this may constitute workplace discrimination.
The commonality of such incidents is unsettling, but thanks to many mainstream news outlets reporting on instances of workplace discrimination, the subject is never far from the headlines. Within this article, let DJP Solicitors take you through just some of the cases of discrimination to be reported on over the years, with many situations leading to tribunals and subsequent compensation for victims.
Back To Basics
Before exploring instances of workplace discrimination, it makes sense to loosely define the issue, highlighting what it constitutes and the different forms it can take. Prominently, it encompasses any unjust treatment of individuals or groups within a workplace setting, based on certain prejudices and preconceived notions. An employee may be treated unfavourably due to their gender, sexuality, race, religion, pregnancy and maternity or disability, though there are other characteristics to speak of.
Discrimination can come in the form of direct or indirect action, each as harmful as the other. Direct discrimination particularly occurs when someone is treated less favourably than other employees - for example, an employer denying you a promotion due to your gender, opting for a male candidate who is less qualified. Indirect discrimination may constitute certain rules or regulations that put staff members at a disadvantage, for example, making all individuals work on Sundays.
Workplace Ableism
Ableism is a form of discrimination directed against people with physical or mental disabilities, and it can come in many forms within the workplace. This could range from an employer failing to accommodate particular needs by failing to make reasonable adjustments (screen readers, wheelchair ramps and so on), or they may even use outright offensive language, making jokes and jibes. Surprisingly prevalent, in a 2019 British survey, 24% of employers said they were less likely to hire disabled people, let alone accommodate them.
Case Study: Bipolar Teacher Wrongfully Suspended
In 2019, a Manchester teacher with bipolar disorder was discriminated against by his employer on the grounds of his disability.
A tribunal ruled that the school in question decided to suspend him, despite him being determined medically fit to work by specialists.
The humanities teacher was subjected to discrimination after the school trust rejected evidence from a psychologist and his GP, who deemed that he was well enough to work.
Racism At Work
Racism can rear its ugly head in a number of ways, and in the modern day, racial abuse and implicit racism is regrettably still alive and kicking. A 2022 report which surveyed over 1200 UK employees, found that while over half had witnessed racism at work, less than a quarter reported the incident to management or HR, perhaps through fear of not being believed, not being taken seriously, or due to a worry that sufficient action wouldn’t be taken. Rest assured that at DJP Solicitors, we take each and every instance of workplace discrimination as seriously as the last.
Case Study: Senior Nurse Wins NHS Case
Settled in 2023, a senior nurse in the North West of England won a landmark employment tribunal against NHS England for racial discrimination she experienced.
The judgement found that this individual had been treated unfavourably by her employer because of her race.
The member of staff faced discrimination, harassment and victimisation between 2019 and 2021, purposely excluded from team events and social opportunities.
Discrimination Due To Sexuality
As you probably already know, it is illegal for an employer to discriminate against you due to your sexual orientation, though that isn’t to say it still doesn't happen in many industries. A 2018 report found that almost one in five LGBT people who were looking for work felt discriminated against because of their sexual orientation, and this is before they’ve even got their foot in the door. There have been plenty of cases of discrimination in the headlines over the last couple of decades, drawing attention to the issue.
Case Study: Employee Bullied For Their Sexual Orientation
Reported in 2022, An LGBT+ worker at a Vodafone franchise won at an employment tribunal after being subjected to harassment and discrimination in the workplace.
Having been subject to insults and remarks regarding her sexuality, the individual was the subject of several inappropriate questions and statements during her three months working.
Upon winning a payout for the abuse she was subject to, she told the tribunal that the experience left her humiliated and alienated.
Issues With Maternity Leave
The period surrounding the birth of a child should be joyous and stress-free, though the attitude of some employers to absence can sometimes mean it is anything but. An Equality and Human Rights Commission report found that maternity leave discrimination results in over 50,000 women losing their jobs each year, with so many other instances probably going under the radar. Each employer should be transparent about their stance towards maternity leave, at minimum clearly outlining their policy and sticking to it.
Case Study: £60,000 Payout For Maternity Mother
Occurring in late 2022, Morrisons were directed to pay a mother a large sum for discriminating against her when she returned from maternity leave.
The individual, who returned to work after having her second child, was asked to fulfil responsibilities of a full-time role - despite only being contracted part-time.
Remarkably, the mother represented herself at an employment tribunal and won after cross-examining witnesses.
Gender Persecution
With plenty of discourse regarding the gender pay gap, instances of workplace sexism and discrimination based on gender, the subject of persecution is rarely out of the headlines, though that isn’t to say that the issue is going away any time soon. In 2024, a study revealed that Over 8.2 million UK employees reported that they had been discriminated against on the grounds of their gender, a huge chunk of the workforce. Well aware of the sensitivity of this subject, DJP Solicitors have the tools to assist you when confronting cases of gender persecution in the office.
Case Study: Landmark Case Outcome Due To Gender
A groundbreaking decision was made within the courts when a gender-fluid engineer suffered abuse and harassment at work.
Jaguar Land Rover were highlighted as negligent for allowing the individual - who changed the way she presented herself in 2017 - to sustain abuse.
Despite working at the organisation for more than 20 years, the victim did not receive support from senior management.
The Prevalence Of Ageism
A lesser explored instance of workplace discrimination ageism still affects a large number of people on an annual basis, who are singled out due to their age or perceived lack of knowledge and knowhow relevant to their age. A 2024 report found that one in three people aged 50 and over believe they have been turned down for a job because of their age - a damning statistic in the grand scheme of things.
Case Study: Positive Outcome For Wrongly Sacked Grandmother
A medical secretary aged 89 became one of the oldest workers to win an age discrimination claim when she voiced her concerns in 2017.
Sacked for a failure in performance, she took her employers (a local NHS trust) to an employment tribunal - and won.
Receiving one of the largest sums paid out for age discrimination to be recorded in the United Kingdom, the victim was awarded £200,000.
Crucial Legal Assistance
The right legal assistance and representation can make all the difference when you’re looking to tackle an instance of workplace discrimination head-on. At DJP solicitors, our employment law solicitors take pride in helping our clients through difficult employment-related issues. We’re fully trained and keep up with the latest changes to employment law to ensure that we offer only the very best legal advice, with a track record of successful outcomes.
DJP Solicitors: Specialist Employment Law Solicitors
At DJP Solicitors, we provide first-rate reasonably priced legal services, ideal if you're looking for reputable and competent solicitors in Aberdeen. Specialists at our local law firm promise years of combined experience, while we’re able to offer expert advice for a variety of cases and disputes. We can offer legal assistance in a variety of situations, such as those involving family law, divorce and separation, employment law, civil law, contract disputes, and much more.
Our cost-effective attorneys will walk you through the various procedures and work quickly to resolve your case so you can get the outcome you want, at the earliest possible date. Whether you’re looking specifically for family law solicitors or a law firm specialising in employment law, contact us right now to find out more about our legal services and reasonably priced consultations for anything from civil disputes to wrongful termination.
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