Tribunal awards compensation for workplace discrimination, with support from the Equality and Human Rights Commission.

Overview of the discrimination case

Two employees who were passed over for promotion have received a financial settlement totalling £95,000, in a race discrimination compensation case supported by the Equality and Human Rights Commission (EHRC). The Employment Tribunal found that Natalie James and Joanna Saine were discriminated against by their employer, the London and Quadrant Housing Trust (L&Q).

Tribunal findings and compensation award

L&Q originally advertised three vacancies. Of the six internal candidates, three were white and three black. Both successful candidates were white, with L&Q deciding to re-advertise the third vacancy externally.

James and Saine brought claims of race discrimination, and the tribunal found in their favour.
The tribunal found that the hiring manager’s appointments were made on subjective views rather than objectively considering qualifications. James and Saine were awarded £64k and just under £31k respectively.

EHRC’s involvement and statement

The Equality and Human Rights Commission provided funding for both cases. Baroness Kishwer Falkner, Chairwoman of the EHRC, stated that employers must ensure fair interview processes to prevent discrimination.

Grounds for discrimination claims

Under the Equality Act, employees can bring claims on the grounds of age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage/civil partnership, and pregnancy/maternity. Whilst it can be costly and time-consuming to defend any employment claim against an employee, discrimination claims can be particularly difficult for an employer as they can be reputationally damaging.

Your partner in HR: Addressing discrimination and promoting equality

It is essential for your business to have policies and procedures in place to properly address any potentially discriminatory incidents, minimising the risk of a successful claim by an employee. Our employment law specialists are ready to provide you with the right HR advice for your business, thanks to our in-depth understanding of employment-related issues, from redundancy, restructuring, policies and procedures to dispute and discrimination. As employment law is ever-changing, we keep pace with the latest developments and can assist you in ensuring that your business and management team possess the knowledge and tools that you need to establish equality in the workplace.

Contact a member of our employment team today.

See also

Employment updates you may have missed in the election scramble

New rights for workers including extra protection for pregnant women

Disclaimer: General Information Provided Only.

Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice.

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