Discrimination Law
Fairness In The 21st Century
From the 1960s onwards there has been a growing international awareness of the concept of fairness and, in the context of employment or employer/employee relations, an understanding that fairness in the workplace will make for more contented employees and, from the employers’ point of view, better productivity.The concept of Discrimination Law has now reached adult maturity with considerable thanks being due not just to agencies which now make up the componet parts of what has come to be known as the Equality and Human Rights Commission, but also to Solicitors, like our specialist team here at A & W M Urquhart, who have been privileged to work closely with such agencies and have sought to achieve fairness by eliminating sex discrimination, not just from the workplace but more generally from Society.
Here are just some of the main discrimination headings that might prompt you to think either that you have been subjected to discrimination or that you should take steps to ensure that you do not inadvertently discriminate against others.
- health and safety matters
- job sharing
- maternity rights
- mobility clauses
- part-timers
- race discrimination
- sex discrimination
- sexual harassment
- sexual orientation
- working hours
- age
- religious belief
Some of these headings may reflect problems which you are facing within the workplace, others go far beyond the workplace and into the field of provision of goods and services. You may be suffering from a minor irritation or your life may be being affected in a way which may, and should, be unacceptable. On occasion, problems do arise. Discrimination Law can seem complex and confusing to the lay person and we would recommend that you seek legal advice assistance not just when you perceive that there is a problem but at an even earlier stage, perhaps, when you feel the need for clarification.
How We Can Help
The specialist Discrimination Law team here at A & W M Urquhart can provide you with valuable assistance and advice and put your mind at rest. That advice may be all that is necessary but if it becomes essential to take steps to protect your interests in a more formal way we can provide you with assistance, perhaps in making an application to an Employment Tribunal, to the Sheriff Court or, in a very serious case, to Scotland’s highest Court, the Court of Session. Should representation be required, we will either represent you ourselves or instruct specialist Counsel, whichever option would seem to be in your better interest.
Clients of A & W M Urquhart benefit from our 130 years plus of experience but, perhaps just as importantly, our genuine understanding of the Law, the problems that you may be experiencing and the solutions that you need to discuss with us.
If you are an employer, advice taken from us may prevent time-consuming, disruptive and potentially very expensive claims being made against you if you might otherwise inadvertently discriminate against an employee. Your reputation as an employer, as a provider of goods or services, will be important to you and in itself have a value so it is important to you, as an employer, to protect that reputation. It is important to remember that discrimination is not ever a question of intention; the end result is what matters, not what was meant or intended.
Women who become pregnant sometimes find that their employers’ attitude towards them changes: you may need guidance and active assistance if, as a pregnant employee, you perceive that your employers’ attitude towards you has changed.
The Equal Pay Act means that people should be paid the same regardless of their gender. You have a right not to be paid less than someone of the opposite sex who does the same or nearly the same work that you do but pursuing an equal pay claim through the Courts is fraught with difficulties and we will try to minimise the difficulties that you might otherwise face.
You may believe that you are being subjected to sexual harassment, that your employers are acting unreasonably by not allowing you to change your hours so that you can manage childcare, you may believe that as a part-time employee you are being treated differently to an equivalent full-time employee – we can help.
Although it is commonly (but wrongly) thought that the Sex Discrimination Act and related legislation is there to protect women, you need to bear in mind that both women and men can encounter sex discrimination. Some employers still have stereotypical ideas about what is women’s work and what is men’s work. Sometimes there is an assumption that women with family responsibilities are unreliable or that men do not want to work part-time. According to Government statistics, transsexualism affects an estimated five thousand people in the UK. The Sex Discrimination Act protects transsexual people in employment and in vocational training. If you feel that you are being discriminated against, we can help.
Regardless of whether you are a woman or a man you should not be treated differently because of your race or ethnic background. If you feel that you have suffered racial discrimination or racial harassment, whether at work or when dealing with public bodies or business, we can help.
If you are a disabled person the Law is there to protect you against being treated badly or differently because of your disability. Even the definition of “disability” can be fraught with difficulties. We can provide information to you as a disabled person or to you as employers or service providers.
You should not be discriminated against because of your age. The Law is designed to protect not just people approaching what might previously have been commonly accepted as the normal retirement age but also people beyond that normal retirement age and young people, we can help.
Our Approach
Our approach to the resolution of discrimination problems is a proactive one. For employers and those providing goods and services or who conduct businesses from offices, shops, factories or other public places, we can advise on good practice, working with you to help prevent the development of potential problems. We can also provide guidance, in written form, for circulation to employees.
Our main objective is always to speedily identify solutions to our Clients’ needs. Our knowledge and expertise in the field of Discrimination Law is second to none and we take great care to keep it that way. For example, we have and for many years have had regular contact with the component parts of what has come to be known as the Equality and Human Rights Commission and with other specialist agencies. We are very active members of the Scottish Discrimination Law Association and its United Kingdom counterpart. One of our Partners, the person here most directly involved with discrimination matters, is an appointed member of the Commissions’ Panel of Solicitors and Advocates in Scotland and takes an active part in the running of the Scottish Discrimination Law Association.
Although we will be more than happy to act as liaison between you and any of these organisations and to obtain guidance and specific advice from them on your behalf, you may find that the following links to the organisations’ websites may be helpful to you.
The Equality and Human Rights Commission – www.equalityhumanrights.com
Not only are we well connected with UK agencies and organisations, but our TORUS International Consultants Association networking links with other specialist lawyers, accountants and business advisors give us instant access to expertise in other European countries and beyond.
TORUS – www.torus.org
Come In and See Us
We recognise that the nature of discrimination problems is such that an urgent appointment may be necessary, in which case an appointment will be set up as soon as possible.
Our offices are conveniently based near the centre of Edinburgh, at 16 Heriot Row and clients are most welcome to make use of our parking facilities immediately to the rear of the building.
