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Expert Legal Services for LGBTQ+ Discrimination

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Facing discrimination or harassment at work because of your LGBTQ+ identity?

Our dedicated legal team is here to fight for your rights and secure the compensation you deserve. LGBTQ+ employees still face significant workplace challenges, but you don’t have to navigate these issues alone. At Ricci & Partners, we specialise in providing professional, sensitive support for LGBTQ+ discrimination claims, ensuring you receive the justice and fair treatment you deserve.

Understanding LGBTQ+  Discrimination

LGBTQ+ discrimination occurs when an individual is treated less favourably because of their sexual orientation, gender identity, or gender expression. This can manifest in various forms, including:

  1. Harassment: Unwanted conduct related to LGBTQ+ status that creates an intimidating, hostile, degrading, humiliating, or offensive environment.

  2. Direct Discrimination: Treating someone less favourably because they are LGBTQ+, such as refusing to hire or promote them.

  3. Indirect Discrimination: Policies or practices that disproportionately disadvantage LGBTQ+ individuals.

  4. Victimisation: Unfair treatment of someone who has complained about discrimination or supported such a complaint.

  5. Failure to Accommodate: Not making necessary adjustments for LGBTQ+ employees, such as allowing the use of preferred pronouns or providing access to appropriate facilities.

Legal Protections Against LGBTQ+ Discrimination

The Equality Act 2010 provides robust protections against LGBTQ+ discrimination. Under this Act, sexual orientation, gender reassignment, and gender identity are protected characteristics, meaning that discrimination, harassment, and victimisation based on these grounds are unlawful. Employers must:

  • Ensure Inclusive Policies and Practices: Create a workplace environment that respects and supports LGBTQ+ employees.

  • Provide Equal Opportunities: Ensure fair treatment in hiring, promotions, training, and benefits.

  • Address Complaints Promptly: Respond to grievances related to LGBTQ+ discrimination with urgency and sensitivity.

How to Make an LGBTQ+ Discrimination Claim

If you believe you’ve been subjected to LGBTQ+ discrimination, follow these steps to bring a claim:

  1. Document the Discrimination: Keep records of incidents, including dates, times, locations, involved parties, and witnesses. Save relevant documents like emails and performance reviews.

  2. Raise the Issue Internally: Use your employer’s grievance procedure to report the issue to HR or your line manager.

  3. Seek Legal Advice: Consult an employment law specialist to understand your rights and assess your case.

  4. Early Conciliation with ACAS: Notify the Advisory, Conciliation and Arbitration Service (Acas) and attempt to resolve the dispute through early conciliation.

  5. Employment Tribunal Claim: If conciliation fails, file a claim with the Employment Tribunal within three months of the discriminatory act. Submit the ET1 form with your evidence.

  6. Tribunal Hearing: Present your case at the Tribunal, where both parties will provide evidence, and the Tribunal will decide based on the facts presented.

How We Can Help

Navigating an LGBTQ+ discrimination claim can be complex. Our experienced employment law solicitors offer invaluable support throughout the process:

  1. Initial Consultation and Case Assessment: We provide an initial consultation to understand your case and explain your rights and options.

  2. Gathering Evidence: We assist in collecting and organising evidence to support your claim, including documenting circumstances and obtaining witness statements.

  3. Negotiation and Mediation: Our skilled negotiators strive to resolve disputes without Tribunal proceedings, including negotiating settlements.

  4. Employment Tribunal Representation: We meticulously prepare and present your case at the Tribunal, ensuring robust legal arguments and evidence.

  5. Post-Tribunal Support: If you win, we help enforce the Tribunal’s decision. If not, we advise on potential appeals or other legal avenues.

LGBTQ+ discrimination is not only unjust but also unlawful. It undermines the dignity of individuals and deprives organisations of valuable contributions from diverse employees. If you are facing LGBTQ+ discrimination, it is crucial to know your rights and take appropriate action. Our legal team is here to support you every step of the way, ensuring you receive fair treatment and justice. Contact us today for a consultation and let us help you navigate your LGBTQ+ discrimination claim with confidence and expertise.

Justina Ricci

Head of the Department
Employment Lawyer
justina.ricci@ricciandpartners.co.uk

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Frequently Asked Questions

What constitutes LGBTQ+ discrimination in the workplace?

Unfair treatment in hiring, promotions, job assignments, training opportunities, benefits, or termination based on LGBTQ+ status.

How do I know if I have been a victim of LGBTQ+ discrimination?

If you’ve faced unfavourable treatment or comments related to your LGBTQ+ identity that others haven’t, you may be a victim. Document all relevant incidents.

What evidence is needed to prove LGBTQ+ discrimination?

Records of discriminatory remarks, unfair treatment, company policies, witness statements, and any documents showing differential treatment based on LGBTQ+ status.

How long do I have to file an LGBTQ+ discrimination claim?

Claims must be filed within three months less one day from the date of the discriminatory act, starting with ACAS Early Conciliation.

What can I expect from the ACAS Early Conciliation process?

ACAS attempts to resolve disputes through conciliation before tribunal proceedings.

What happens if Early Conciliation fails?

You can proceed with a tribunal claim if conciliation is unsuccessful.

What remedies are available if my LGBTQ+ discrimination claim is successful?

Compensation for lost earnings, damages for emotional distress, and sometimes reinstatement or promotion.

Can I make a claim if I am still employed by the discriminating employer?

Yes, but seek legal advice to understand potential implications.

What costs are involved in making an LGBTQ+ discrimination claim?

Costs may include legal fees and tribunal costs; some solicitors offer no-win-no-fee arrangements.

How can your legal services help with my LGBTQ+ discrimination claim?

Comprehensive support from consultation to tribunal representation and post-tribunal assistance.

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