Woolliscrofts Solicitors have urged employers to familiarise
themselves with the new Equality Act before heading out for
Christmas parties.
The Act came into force on October 1st and brings all
discrimination legislation under one umbrella. Companies can now be
sued for any discriminatory remark made by one of their employees,
or even third parties such as contractors working on their premises
- even if it was made in jest.
Employees can bring a claim, using Legal Aid to help prepare
their case, if they are discriminated against because of their
gender, religion, disability, age, race and sexual orientation.
Businesses and other organisations may also be subject to a
claim if a visitor to their premises overhears something said and
takes offence.
Specialist Employment Law Solicitor David Ellis said: "Employers
should be paying particular attention to the Equality Act at this
time of year because there is scope for office jokes and banter to
go too far.
"There has been a 40% increase in these types of claims in 2010
- partly because of the economic climate and partly because people
are more aware of their rights - and it costs nothing to bring this
type of claim.
"Typically the cost of defending a claim - even if they are
successful - would be at least £10000, and if the claim is
lost there will be compensation to add to that figure.
"There is no upper limit to possible fines."
Businesses are advised to ensure they are properly protected by
their Contracts of Employment, and Terms of Business.
Employment protection insurance is also available to limit the
impact of any type of claim made against businesses by their
employees.
David Ellis said: "It is worth spending some time and money
ensuring contracts are up to scratch, and putting Employment
Protection Insurance in place.
"It may reduce a company's outgoings further down the line."
Woolliscrofts Solicitors have been serving businesses throughout
Staffordshire and Cheshire for over a century from their network of
offices in Hanley, Tunstall, Wolstanton and Alsager.