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BULLYING, HARASSMENT AND DISCRIMINATION IN THE WORKPLACE

REPOST ARTICLE SOURCE:

http://www.harbottle.com/personal/employment/sex-discrimination-harassment-and-bullying/

imagesBullying and harassment in one form or other are unfortunately common occurrences in today’s workplace. Despite this, the legal remedies are often ineffective unless you can prove that you are being unlawfully discriminated against or have suffered psychiatric injury.

Poor treatment in itself is not unlawful discrimination, but poor treatment where it is linked to particular characteristics which are protected by the Equality Act 2010 could be. These protected characteristics are: age, disability, gender re-assignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

Deciding whether to make an allegation of discrimination is a key decision and you will benefit from the advice of experts to help you decide whether your potential claim is one that should be raised. As well as considering your overall objectives, we will help you to assess whether your case is likely to have a successful outcome. Given the uncertainty of litigation in this area, combined with the pressure that it will place on you and your family, we generally seek to negotiate a favourable settlement.

If you do not want to settle, or a suitable settlement cannot be achieved, you can be assured of our track-record of success in pursuing high value claims for the victims of discrimination, bullying and harassment.

We can advise you on Employment Tribunal and High Court Claims for:

  • Sex discrimination, sexual orientation discrimination or gender discrimination
  • Race discrimination
  • Disability discrimination
  • Sexual harassment in the workplace
  • Age discrimination
  • Discrimination relating to pregnancy or maternity
  • Religious discrimination or discrimination because of your beliefs
  • Psychiatric injury.

Please click here to view our article on the new disability discrimination regime under the Equality Act 2010.

RECENT WORK

Sex discrimination, harassment and bullying
Successfully represented Gillian Switalski in her £19 million landmark claim for compensation for Sex discrimination, harassment and bullying suffered whilst she was employed as the General Counsel of a large Asset Management business, based in the City. This long running and highly contentious dispute had wide press coverage given the size of the claim, the subject matter of the allegations and the numerous rounds of litigation that took place before the Employment Tribunal, Employment Appeals Tribunal and the Court of Appeal.

Press mentions of the case: The Guardian & The Express

Disability discrimination and unfair dismissal claim
Successfully represented a software sales manager in his disability discrimination and unfair dismissal claim against a multinational IT giant. Our client had suffered serious psychiatric illness as a result of his female line manager’s campaign of bullying conducted over an 18 month period, orchestrated under the guise of a performance improvement programme. The litigation was factually and legally complex and after a two week contested merits hearing in the Employment Tribunal that took place in October 2011, our client obtained a judgment in his favour. We then negotiated a significant six figure settlement (in advance of a compensation award hearing) and utilising our expertise in structuring tax efficient settlements our client was able (following an application for advance clearance with HMRC) to receive his settlement without any tax being deducted.

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