If you believe you were discriminated against when you lost your job, you may wonder whether you can make a claim against your employer for unfair dismissal.
The short answer is yes – but you must act quickly. The time limit is generally three months minus one day from the date you were dismissed.
What’s the legal position?
The legislation that covers this situation is the Equality Act 2010. It protects you against discrimination because of:
- Age
- Disability
- Gender reassignment
- Marriage / civil partnership
- Pregnancy / maternity
- Race
- Religion / belief
- Sex
- Sexual orientation
No one is allowed to discriminate, harass or victimise you…
- for having any of the protected characteristics
- because they perceive you to have one of the protected characteristics
- because you associate with someone who has a protected characteristic
Have you been discriminated against?
There are four types of discrimination.
- Direct discrimination: Your employer must not treat you differently or worse than someone else because you have a protected characteristic. You will need to compare your treatment with someone in a similar situation who does not share the same protected characteristic – this person is called the ‘comparator’.
- Indirect discrimination: Unless they can objectively justify it, your employer must not put a rule or policy in place that has a worse impact on people with a protected characteristic than it does on everyone else.
- Harassment: No one should behave in a way that violates your dignity, nor create a hostile, degrading, humiliating or offensive environment.
- Victimisation: No one should treat you unfavourably because you are taking action under the Equality Act or supporting someone else to do so.
Is discrimination ever legal?
Sometimes. When there is a good enough reason, it’s known as ‘objective justification’.
To win the case, your employer must show that the discrimination was a proportionate means of achieving a legitimate aim, such as:
- Health, safety and welfare
- Running an efficient service
- Business requirements
It’s been more than three months. Can I still lodge a claim?
In certain circumstances, the Employment Tribunal may consider it ‘just and equitable’ to extend the timeframe. However, this happens very rarely, so we recommend you make your claim within the three-month limit, if possible.
Don’t wait until the last minute. Get help fast!
Need help?
For a FREE assessment of your claim, call 0808 168 7288 or fill in the contact form on the top right of this page.
We have already helped thousands of people to win millions of pounds in compensation.
You have a choice of ways to pay, including ‘no win, no fee’.
We will also discuss the best methods of funding your case and seek to reach a solution that best suits your needs. This can involve a “no-win, no-fee” agreement if appropriate.