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Frequently Asked Questions

I feel I have been discriminated against at work but I have been told there is no evidence of this. What can I do?

Discrimination is often extremely subtle. Employment Tribunals are alert to this and recognise that finding evidence to support a claim for discrimination can be challenging for employees. As a result, discrimination law works in such a way that if an employee can establish facts enabling the Tribunal to conclude that discrimination took place, it is then for the employer to put forward evidence that the reason for the employee’s treatment was not based on discrimination. An inference of discrimination can be drawn if an employer is unable to do this.

Can I make a flexible working request?

From 2014 all employees will have the right to request flexible working if they have worked for their employer for more than 26 weeks. Previously, this right only applied to employees with parental and caring responsibilities. You do not have the right to be granted flexible working automatically following a request but simply for the request to be considered reasonably.

Can my employer make me retire at a set retirement age?

No. If you are forced to retire at 60, for example, this could amount to age discrimination and unfair dismissal. Retirement ages are unlawful unless they can be justified by employers.

I am on maternity leave and I have been told that my role is redundant. What are my entitlements?

If you can show that you were targeted for redundancy because of pregnancy or maternity, this would amount to sex discrimination and unfair dismissal. You should be offered any suitable alternative vacancies as an alternative to redundancy during maternity leave without the need for any competitive application process or interview.

What is constructive dismissal?

This is where an employee terminates employment in respect in response to treatment by their employer. In this situation, the employer has not actually dismissed the employee but its treatment of the employee has gone to the heart of the employment relationship and amounted to a fundamental breach of contract which has made the employment relationship unworkable going forward. This could entitle the employee to resign and potentially bring a claim for constructive unfair dismissal.

I am being bullied at work. What can I do?

You should explore whether your employer has an anti-bullying and harassment policy and follow the steps set out in this policy to make a complaint. Alternatively, you should bring a grievance. It may be that the “bullying” amounts to harassment on a prohibited ground under discrimination legislation. If the problem continues, you may wish to consider taking legal action. Bullying has devastating consequences and takes many forms, including exclusion and unacceptable criticism.

I have been dismissed. Are there any timescales in which I need to bring a claim?

You have 3 months less one day from the date of termination of employment or discriminatory act in which to bring a claim for unfair dismissal or discrimination. Employees require two years of service to bring a claim for unfair dismissal.

Our Employment Law Solicitors are backed by four decades of experience. Our legal practice and team of London Solicitors have a strong track record of achieving favourable client outcomes. For expert legal advice use our contact form or call us on 0800 437 0322 today.

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