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Equal Opportunities Dispute

Equal Opportunities Dispute

Everyone should be treated fairly and respectfully regardless of background, beliefs, or characteristics. But, sadly, this is not always the case, and being on the receiving end of discrimination or unequal treatment can be a deeply distressing and isolating experience - especially in the workplace.

Whether you're struggling with persistent biases, discriminatory policies, or overt acts of unfairness because of your race, age, disability, sexual orientation, or any other protected characteristics, feeling undervalued or unfairly treated strikes at the core of your dignity and self-worth.

Confronting equal opportunities disputes like this can leave you powerless and uncertain about your next steps. You might worry about how you can prove your case or even if you will be heard and taken seriously.

• Equal Opportunities and UK law

• What is an equal opportunities dispute in the workplace?

• Examples of equal opportunity disputes

• How do I know if I have been discriminated against based on a protected characteristic?

• How to resolve equal opportunities disputes

• How do I get evidence to support my claim of unequal treatment or discrimination?

• What is the time limit for bringing an equal opportunities claim to an employment tribunal?

• Can I settle my equal opportunities dispute without going to a tribunal?

• How can a solicitor help me with my equal opportunities dispute?

• What costs are involved in bringing an equal opportunities claim to an employment tribunal?

• How long does it typically take to resolve an equal opportunities dispute?

• What are the risks involved in pursuing an equal opportunities claim?

• Should employers have an equal opportunities policy by law?

Seeking justice in an equal opportunities dispute can seem daunting, but you don't have to face these challenges alone.

At Lawhive, we offer you access to our network of experienced equal opportunities dispute lawyers who bring empathy and deep understanding to your case, ensuring you receive the support and representation you need.

In engaging a solicitor to deal with your equal opportunities dispute, you recruit a powerful ally to your cause. Someone who will be your champion from start to finish, whether through negotiation, mediation, or representing you at an employment tribunal.

Don't let fear or uncertainty stop you from seeking the justice you deserve. Schedule a free case evaluation with our Legal Assessment Team to discuss your case and learn how we can support you.

Equal Opportunities and UK law

The law on equal opportunities in the UK is governed by the Equality Act 2010, which provides a framework to protect individuals from unfair treatment and promote a fair and more equal society.

The Act specifies nine protected characteristics, which form the basis for protection against discrimination, and identifies several types of discrimination to be avoided. These are:

1. Direct discrimination;

2. Indirect discrimination

3. Harassment

4. Victimisation

The Act also includes provisions to make sure that men and women receive equal pay for equal work of equal value, allows employers to take positive action to help disadvantaged groups, and requires them to make reasonable adjustments for disabled individuals.

Individuals who believe they have been denied equal opportunities can pursue discrimination claims in civil courts or, in an employment context, bring their case to an employment tribunal.

What is an equal opportunities dispute in the workplace?

An equal opportunities dispute in the workplace arises when an employee or job applicant believes they have been unfairly treated or discriminated against based on a protected characteristic.

These disputes typically revolve around allegations that an employer has failed to provide a fair and inclusive environment, going against the principles of equality and anti-discrimination laws.

Examples of equal opportunity disputes

• Claims that a candidate was not hired because of their age, race, or another protected characteristics;

• Unequal pay or benefits claims, particularly cases of gender pay gaps;

• Allegations that opportunities for advancement or training have been denied based on discriminatory reasons;

• Policies that unfairly impact certain groups, like dress codes or flexible working arrangements;

• Claims that dismissals or redundancies were unfairly influenced by protected characteristics;

• Harassment or bullying.

How do I know if I have been discriminated against based on a protected characteristic?

One way to identify if you have been discriminated against based on a protected characteristic is to look for patterns or instances where you have been treated differently compared to others without your protected characteristics.

You might compare pay, opportunities offered, and how others were treated in similar situations. This approach may give you an indication of whether or not you have been or are actively being discriminated against based on a protected characteristic.

You should also consider how the alleged discriminatory behaviour or policies have impacted you. Ask yourself:

• Has it affected your job performance, opportunities for advancement, or employment status?

• Has it caused stress, anxiety, or other emotional distress?

• Have you lost wages or missed promotions because of it?

If you answered yes to any of these questions, you may have been discriminated against and have a valid equal opportunities claim.

How to resolve equal opportunities disputes

Employers should have grievance procedures in place to handle complaints relating to equal opportunities and this is the first port of call for employees looking to address such issues.

However, if internal procedures do not solve the problem, employees can attempt early conciliation through Acas before bringing their claims to an employment tribunal.

How do I get evidence to support my claim of unequal treatment or discrimination?

Strong evidence of unequal treatment can help establish the facts of your claim and show how you've been unfairly treated.

To collect this evidence you may consider:

• Keeping a diary of incidents, including specific comments, actions, or decisions.

• Saving relevant emails, text messages, and instant messages;

• Getting written statements from witnesses or keeping a list of witnesses with their contact information.

Unequal treatment or discrimination can be hard to evidence, but it's important to collect as much evidence as possible to support your claim should you decide to raise a formal grievance or make a tribunal claim.

What is the time limit for bringing an equal opportunities claim to an employment tribunal?

The time limit for bringing an equal opportunity dispute to an employment tribunal is typically three months minus one day from the date of the incident or the last incident in a series.

For specific claims, like equal pay, the time limit can extend to six months.

Can I settle my equal opportunities dispute without going to a tribunal?

Your employer may propose a settlement at any time during an equal opportunities dispute and, if you agree to it, you don't have to go to a tribunal.

You should, however, get independent legal advice to make sure the terms of any settlement agreement are fair and legal as signing it will likely waive your right to make further claims relating to your equal opportunities dispute.

Employers will usually pay for this part of the process to bring about a swift resolution to an equal opportunities dispute.

But, if you don't agree with the terms of a settlement agreement you don't have to go ahead with it and can continue to the tribunal if you believe it is in your best interests.

How can a solicitor help me with my equal opportunities dispute?

Employment lawyers know a thing or two when it comes to employment law. In the course of an equal opportunities dispute they can help you:

• Identify discrimination or unequal treatment;

• Assess the strength of your claim;

• Manage your expectations regarding compensation or remedies you could receive;

• Negotiate a settlement agreement with your employer;

• File a tribunal claim on your behalf;

• Represent you at an employment tribunal.

Engaging a solicitor during an equal opportunities dispute can significantly increase your chances of a successful outcome - whatever that means for you.

What costs are involved in bringing an equal opportunities claim to an employment tribunal?

You do not have to pay a penny to file your claim with the employment tribunal or for the hearing. Further, it is very rare for the tribunal to issue cost orders in employment matters unless you are found to have acted unreasonably in bringing or conducting your claim.

Therefore, the only costs you may have to pay in an equal opportunities dispute are solicitor's fees. Having said that, many employment solicitors offer no-win, no-fee agreements where you only pay legal fees if you win your case.

How long does it typically take to resolve an equal opportunities dispute?

An equal opportunities dispute can range from a few months to over a year or more to resolve.

As you might imagine, efforts to resolve the dispute through early conciliation or settlement negotiations can significantly reduce the time involved.

What are the risks involved in pursuing an equal opportunities claim?

Financial costs

While you don't have to pay to bring a tribunal claim related to equal opportunities, there may be some financial risks.

Solicitors fees

No-win, no-fee arrangements can mitigate upfront costs, making it easier to pursue a claim, however, if you win you will have to pay a portion of the compensation to your solicitor.

Potential costs orders

Although rare, if the tribunal finds your claim unreasonable or frivolous, you may be ordered to pay some or all of your employer's legal costs.

Emotional and psychological impact

Equal opportunity disputes can be lengthy and stressful, with the potential for confrontation with your employer or their legal team. Furthermore, recounting potentially traumatic experiences can be emotionally difficult.

Having said this, you shouldn't let this put you off seeking justice. Rather, you should understand the process, and have a robust support system in place, including the help of a solicitor.

Professional and career risks

If you're still employed, an equal opportunities dispute can strain working relationships, potentially creating a tense or hostile environment. You may also be concerned about how such a dispute could impact your professional reputation and future employment prospects.

However, it is unlawful for employers to retaliate against employees for bringing a discrimination claim. Therefore, if you experience anything like this, you should document and report it as soon as possible.

Risk of losing

If you take an equal opportunities dispute to a tribunal, there is no guarantee that you will win. Or, if you do, the compensation awarded may not fully cover your losses or address your distress.

However, there are ways to mitigate these risks. Engaging a solicitor on a no-win, no-fee basis can ease any financial worries related to the risk of losing. Further, having expert legal representation from an employment lawyer can greatly impact your chances of success.

If you are concerned or worried about an equal opportunities dispute, speak to someone about the situation to best weigh up the potential risks against the benefits of seeking justice and fair treatment.

Should employers have an equal opportunities policy by law?

There is no explicit legal requirement for all employers to have a written equal opportunities policy, however, having such a policy is recommended to ensure compliance with equality and anti-discrimination laws.

Why choose Lawhive to handle your equal opportunities dispute

Engaging an experienced lawyer from our network can provide you with the expertise, support, and representation you need to achieve a fair outcome.

At Lawhive, we offer:

Expert identification and assessment

The employment lawyers in our network are skilled at identifying instances of discrimination or unequal treatment.

They will assess the strength of your case, providing you with a realistic evaluation of your chances of success and the potential compensation or remedies you could receive.

Effective negotiation and representation

Our network of lawyers is adept at negotiating settlement agreements with employers.

However, if your case proceeds to a tribunal they are also on hand to manage the entire process for you and make sure your voice is heard.

Minimising financial risks

We offer flexible, transparent fee options, including no-win, no-fee agreements, so you can pursue your claim without upfront legal costs and only pay if you win.

What's more, if a solicitor does take your case under a conditional fee agreement, they'll clearly outline their success fee so you can plan for any eventuality.

If you're facing an equal opportunities dispute, you don't have to go through it alone. Let us provide the expert legal support you need to seek justice and fair treatment.

Contact our Legal Assessment Team to discuss your situation and connect with a specialist employment lawyer in our network.