Equal Opportunities Solicitors - Employment Law Compensation
Equal opportunities are an area of employment law that refers to a person’s legal right to equal access to employment benefits. 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 equal opportunities legislation, the employee subjected to the discrimination can bring a claim for compensation before the Employment Tribunal.
Equal employment opportunities rights are guaranteed under various statutes. To get competent legal representation, you need to instruct an equal opportunities solicitor. To get more details about a possible employment rights case, call or email today.
Equal Opportunities Law
Equal Opportunity refers to the legal obligation of employers to ensure that there is no bias in employment. Workers should always be chosen based on skills and merit as opposed to their race, age, sex or sexual orientation. The statutes also include equal consideration for training and promotions. If an employer disregards equal opportunities law, the employee can make an application to the Employment Tribunal for compensation based on discrimination. Equal opportunity statutes concentrate on six main areas of likely discrimination :
- race
- age
- sex
- religion/beliefs
- disability
- sexual orientation
An employer is in violation of the law when they single out an applicant or worker for unfair treatment based on any of the above criteria. All facets of the employment process are protected, beginning with the job application as well as in training, promotions and benefits. The statutes protect all applicants and workers from discrimination which may take a physical form, such as abuse, threats and/or harassment in their place of work. Victimization is an additional form of discrimination which means that an employee is safeguarded from retribution in the form of harassment or dismissal for bringing or assisting another in bringing an employment claim against a superior, co-workers or their employer.
Equal Pay Act 1970
Equal pay is an additional area of equal opportunities legislation. Previous to legislation being enacted, a pay gap of almost 30% existed between women and men. According to the Equal Pay Act 1970, it is a forbidden practice to discriminate in pay or benefits, if both men and women are doing the same or equal work.
This concept not only pertains to salary, it encompasses the variety of terms involved in employment, including but not limited to bonuses, sick leave and benefits. It is possible for an employer to be in violation of the statutes even when both sexes are receiving the same pay for doing the same work.
In order for an equal pay claim to be successful, a claimant must identify a “comparator,” which refers to a worker of the opposite sex, who does the similar or the same work as the claimant, who is regarded more favourably or who gets a higher pay. Comparators are considered as current employees or someone that held the position previous to the claimant or a successor in the case of terminated employees.
Equal pay claims can be brought before the Employment Tribunal at any time during the period of employment. When the employee leaves, voluntarily or involuntarily, a claim is limited to a 6-month period after employment termination. An extension of time can be granted by the Employment Tribunal in extenuating circumstances.
Compensation Claims
A variety of statutes and regulations guarantee the rights of all UK citizens to equality in employment opportunities. To find out more about your potential employment rights claim, contact us today for free legal advice. Simply call us on our helpline or email our offices.
Employers that infringe or violate equal opportunities law by applying discriminatory policies toward applicants or current employees can be held liable to pay compensation. All components of employment are guaranteed equality status including during the course of recruitment; during employment, after employment terminates and in the selection process for benefits and bonuses, promotions, and training opportunities.
Equal Opportunities Solicitors
Our equal opportunities solicitors are accredited and knowledgeable in all factors relating to this topic especially the Equal Pay Act 1970. Just phone the helpline or send us an email to speak with a lawyer who deals exclusively with conflicts in employment law.