EQUAL OPPORTUNITIES LAW - EMPLOYMENT SOLICITORS
Equal opportunity employment rights are founded on various other employment rights and statutes. In order to receive the most effective legal representation, you should instruct a solicitor who specialises in this area of employment law.
All equal opportunities cases are taken on the basis of a no win no fee payment scheme. Under a no win no fee payment scheme, you pay no legal fees if your solicitor does not win your case. To find out more about your potential employment rights claim, contact us today for free legal advice. Simply call us on our 24/7 helpline or email our offices.
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Equal opportunities are an area of employment law that refers to a person’s legal right to equal access to employment. Employees should be selected based on their skills and experience rather than their sex, race or age. Equal opportunities law also includes equal access to promotions and training. If an employer violates an equal opportunities law, the employee subjected to the discrimination can bring a claim before the Employment Tribunal. That employee may be eligible to receive substantial compensation.
Equal opportunity laws focus on six major areas of potential discrimination :-
- race
- age
- sex
- religion or beliefs
- disability
- sexual orientation
An employee violates the law if they discriminate against an applicant or employee based on any of the grounds outlined above. These protections apply to all aspects of employment, from the application process to hiring and from training to benefits.
With regard to equal opportunity laws, harassment is also considered discrimination. The law protects individuals from discrimination in the form of threats, abuse or harassment in the workplace. Victimisation is another type of discrimination, and it means that an employee is protected against dismissal or harassment for bringing a discrimination claim against their employer.
SOLICITORS HELPLINE 0844 332 0018
The right to equal pay is yet another area of equal opportunities legislation. Prior to legislation being passed, there was a pay gap of nearly 30% between men and women. Under the Equal Pay Act 1970, employers are forbidden from discriminating between men and women in terms of pay and benefits if the men and women are doing work of equal value, same or similar work or work considered equivalent under a job evaluation study.
The concept of equal pay does not only refer to salary. It also encompasses the various terms of employment, such as benefits, bonuses and sick leave. Under the Equal Pay Act 1970, it is possible for an employer to violate the law even if the man and woman are receiving the same pay for the same job.
A successful Equal Pay Act claim depends on the claimant’s ability to locate a “comparator.” The term comparator refers to a person of the opposite sex who performs similar work to the claimant but is treated more favourably or receives higher pay. Comparators can be not only current employees but also a predecessor or a successor. Note that the comparator must be of the opposite sex. There is no requirement in the Equal Pay Act that people of the same sex receive equal pay for the same or similar work.
SOLICITORS HELPLINE 0844 332 0018
An employee can bring an Equal Pay Act claim to the Employment Tribunal at any time during their employment. If the employee leaves the job, there is a 6-month time limit on their ability to bring a claim. The time limit can be extended under certain extenuating circumstances. However, claimants are well advised to act as quickly as possible to ensure their right to bring a claim is not lost.
SOLICITORS HELPLINE 0844 332 0018