- Are You Looking for Mr Right*?
- Are All Your Balls Up in the Air?
- Should the UK Offer 24/7 Childcare for Working Parents?
- Gone Today, Here Tomorrow?
- How to Create Informal Mentoring Opportunities
- Perception of Disability
- How Managers Can Help Grieving Workers
- Not All Carrots Are the Same! Money and Motivation
- How to Stop Feeling So Stressed
- Can Dilbertian Thinking Improve Results?
- Court of Appeal Rules in New Holiday Pay Calculation Case
- Medical Information and GDPR
- You’re Having a Laugh!
- How to Ask For Help
- Employer’s Knowledge of Disability
- How Should Employers Deal with References Post-GDPR?
- Is It Time to Offer Bone Density Testing?
- Helping Employees Beat Loneliness and Depression Naturally
- Plants, Peace and Productivity
- The Messy Desk Conundrum
- The Pain of Living in Interesting Times
- Sabotaging Success
- Make it Mozart!
- Follow Proper Procedure Even in the Most Blisteringly Obvious Cases
- How to Speed Up Slow Performers
- Simple Belief of Discrimination is Not Enough
- Four Ways to Get More Done
- Abandon the Tyranny of the “To-do” List
- Eugene the Egg Cracks
- Three Conditions to Ensure Training Works
Discrimination - Don't Be a Victim!
Discrimination. A word we are all too familiar with in today’s society. A word which evokes images of victimisation, prejudice and the intolerance of difference.
A recent article in The Observer highlighted the extent to which individuals can be discriminated against by others. Lou Jing, a 20 year old woman of Chinese and African-American decent, took part as a contestant on Go Oriental Angel, China’s equivalent to The X Factor.
Her appearance on National Television sparked vicious abuse from the Chinese public and a mass media debate on racism in the media.
After being denied by judges the chance to continue further than the top 30 in the competition, Lou was left in shock and utter disbelief at how her own people could “cause her great harm” and expressed the wish that people would one day “tolerate her particular parentage.
Discrimination in the workplace occurs when an employer – or indeed a colleague – treats an employee less favourably in comparison to others.
This could be in relation to, for example, pay, promotion or dismissal. By law a person cannot be discriminated against because of their: gender; gender reassignment; marriage or civil partnership; pregnancy and maternity leave; sexual orientation; disability; race; colour; ethnic background; nationality; religious belief; or age. Laws such as this are designed to protect both the employee from unwanted and often painful discriminatory acts, and the employer from claims of unlawful discrimination.
The case of Chagger v Abbey National (2008) gave important guidance regarding financial loss and discrimination cases. After being made redundant in 2006 by Abbey National, Mr Chagger, who is of Indian origin, submitted a claim on the basis that his termination of employment was race discrimination.
The original employment tribunal agreed that Mr Chagger’s selection for redundancy was influenced by race and awarded him just under £2.8 million (plus interest).
Following this, The Court of Appeal sent the case back to tribunal to reconsider the amount of conpensation. Nevertheless, if it is deemed that the employee was dismissed by discrimination, damages can be considerably high as there is no upper limit on compensation for unlawful discrimination!
By: Darry Khajehpour
Subscribe to our free monthly HR newsletter. Russell HR Consulting employment law newsletters are emailed automatically to our ever-growing number of subscribers every month.