Discrimination

Discrimination

At Franklins Solicitors, we work with businesses to implement legally compliant, inclusive practices, and to provide robust legal defence if a discrimination claim arises.

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Protecting Your Business While Promoting Equality

Under the Equality Act 2010, all employees, workers, job applicants, and contractors are legally protected from discrimination based on certain personal characteristics — known as protected characteristics. For employers, this means ensuring your policies, procedures, and culture actively prevent discrimination from recruitment through to termination.

What Is Discrimination in the Workplace?

Discrimination occurs when someone is treated less favourably or unfairly disadvantaged due to a protected characteristic. Claims can arise regardless of how long the individual has been employed, and in some cases, even before employment starts.

Under the Equality Act 2010, it is unlawful to discriminate against someone based on:

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race (including colour, nationality, ethnic or national origin)
  • Religion or belief
  • Sex
  • Sexual orientation

Discrimination can occur in a wide range of workplace situations, from job adverts, promotions, and performance management, to redundancy selection, pay decisions, and dismissals.

Types of Workplace Discrimination

Employers must understand that discrimination can take many forms:

  • Direct Discrimination – Treating someone less favourably because of a protected characteristic.
  • Indirect Discrimination – Applying a policy or practice that disadvantages people with a protected characteristic, unless it can be objectively justified.
  • Harassment – Unwanted conduct related to a protected characteristic that violates someone’s dignity or creates an intimidating, hostile, or offensive environment.
  • Victimisation – Treating someone unfairly because they have made or supported a complaint about discrimination.
  • Discrimination Arising from Disability – Unfavourable treatment linked to someone’s disability, such as penalising an employee for absence related to their condition.

Speak to our Employment Law Team

Whether you’re acquiring, selling, leasing or assigning, our commercial property solicitors are here to guide you through every step.

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How Franklins Solicitors Can Help

Employer Defence Specialists

Expert support in defending discrimination claims and protecting your business.

Risk Reduction Guidance

Practical advice to minimise the chance of costly disputes and litigation.

HR & Compliance Advice

Trusted guidance on workplace culture, policies, and legal compliance.

Tribunal Representation

Skilled advocacy and dispute resolution at employment tribunals.

Commercially Focused Advice

Clear, business-minded solutions tailored to your organisation’s needs.

Discrimination

FAQs

What counts as workplace discrimination?2025-08-22T10:57:25+01:00

Discrimination occurs when an employee or job applicant is treated unfairly because of a protected characteristic, such as age, disability, gender, race, religion, sexual orientation, or pregnancy.

Can employees bring a claim without two years’ service?2025-08-22T10:57:50+01:00

Yes. Unlike unfair dismissal, there is no minimum service requirement for discrimination claims. Employees can bring a claim from day one of employment, or even during recruitment.

What are the risks for employers if a discrimination claim succeeds?2025-08-22T10:58:09+01:00

Tribunals can award unlimited compensation, including injury to feelings, plus costs and reputational damage. Claims can also trigger wider reviews of policies and workplace culture.

How can Franklins Solicitors support employers?2025-08-22T10:59:13+01:00

We defend businesses facing discrimination claims, provide strategic HR and compliance advice, and represent employers in tribunals and settlement negotiations.

What should I do if an employee raises a discrimination complaint?2025-08-22T10:58:52+01:00

Take the complaint seriously, investigate thoroughly, and follow your grievance procedure. Early legal advice can help you resolve issues before they escalate to tribunal.

How can employers reduce the risk of discrimination claims?2025-08-22T10:58:33+01:00

By maintaining clear policies, training managers and staff, handling grievances fairly, and promoting an inclusive culture. Proactive legal advice helps ensure compliance.

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