Discrimination claims and uncapped awards

Tags: Discrimination, Grievance process, Employment Law, Employment Tribunal

The recent headlines in relation to the undisclosed settlement figure between Eva Carneiro and Jose Mourinho and Chelsea Football Club may have been unsettling for some business owners. The prime reason for the large settlement (excluding the issue of reputational damages) was the fact that Ms Carneiro brought claims for sex discrimination (being removed from the first team) and harassment (the use of derogatory language relating to her gender). 

Currently compensatory awards for employees succeeding in an unfair dismissal claim are capped at the lower of, 12 months’ pay or £78,962. This brings some comfort to employers who employ high earners. The position is different for discrimination claims where awards are uncapped and, can lead to the demise of a company.  

So here are our 5 tips to avoid discrimination claims: 

1. Have a grievance and equality & diversity policy in place. 

2. Provide managers with equality & diversity training

3. Ensure employees are aware of the policies in place and the behaviour expected of them together with sanctions should they fail to adhere to the required standards. 

4. Take allegations of discrimination seriously and ensure the company grievance procedure is   followed. 

5. Apply any sanctions consistently

Do you have a grievance or equality & diversity policy in place?  If so, when was it last reviewed? At SCE Solicitors we have a wealth of experience in advising companies on how to minimise discrimination in the workplace.  If you would like to discuss your policies, please contact me on 0113 350 4030 or at samira.cakali@scesolicitors.co.uk

Please note that the information in this blog is to provide information of general interest in a summary manner and should not be construed as individual legal advice. Readers should consult with SCE Solicitors or other professional counsel before acting on the information contained here.

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