Discrimination Claims
Discrimination is something that has existed throughout time. While it’s effects are less than it were a hundred years ago to by a great degree, discrimination still exists in the world today. Sometimes an employer can fire or refuse employment to an employee for discriminatory reasons. If an employee feels he was terminated for this reason, he or she should be able to collect damages for their suffering.
The first thing that is important to acknowledge, is that there are three main laws passed against discrimination in the United Kingdoms today. In 1975 the Sex Discrimination Act made it illegal to terminate or fire employees for being a certain gender, for being married or not, or for reassigning their gender. In 1976 the Race Relations Act went one step further and removed discrimination against a certain race or nationality. Finally, more recently, the Disability Discrimination Act makes it illegal to terminate employees for having a disability in employment, education, services, and more. In addition two newer acts in the past two years work against discrimination towards sexual orientation and religion.
The key factor in determining whether or not an employee qualifies for damages towards this type of claim is whether or not they were actually discriminated against. Unlike other laws, they do not have to work in a place for a certain time or be a certain age. An employee should make sure that there isn’t a misunderstanding, however, and that they were fired for discriminatory reasons. It is also important to know that being a victim of a personal attack due to one of the factors mentioned above while working is also a just cause for bringing this case up.
As with most employment disputes, a discrimination problem with employment should be brought to the tribunal. As with any other wrongful termination type case, an employee should ensure they take this matter to the employment tribunal as quickly as possible. It is also important to state exactly what type of discrimination was committed against you. After they review the case they can decide whether an illegal firing was committed and whether or not damages should be received. If the tribunal accepts the case presented, they will then be responsible for resolving the situation. The exact amount of the damages will vary from case to case based on how much the employee was due to make and what the discrimination was exactly. Excessive personal damages and other factors will also be taken into account in determining the amount owed to an employee.
Overall discrimination is a terrible thing that most of us hope to avoid in this day and age. The sad truth is that it still exists, however, and many employers have displayed such behavior in the past. If an employee is fired for any factor they believe is discriminatory according to the guidelines set above, they should take action. While they will probably need to rely on personal testimonial, there is a good chance those who were discriminated against will be awarded damages.
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