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WHAT SHOULD I DO IF I FACE SEXUAL DISCRIMINATION IN THE WORKPLACE?

We asked Elliot Hammer, our Head of Employment Department for his top 10 FAQs relating to Sex Discrimination:

  1. How long do I have to work for an employer to make a sex discrimination claim?  You can make a sex discrimination claim on day 1, or even before employment if you have suffered sex discrimination in your job application.
  2. Is it expensive to bring a Sex Discrimination case?  We can offer a “No Win No Fee” Agreement or help you to raise funds via Crowd Justice (see a recent case here).
  3. Do I need to instruct a barrister to bring a Sex Discrimination case? No – our Elliot Hammer regularly appears in the Employment Tribunal and can represent you in the Employment Appeal Tribunal (see here).
  4. Is it too difficult to win a Sex Discrimination case in the Employment Tribunal: You need to bring a claim which succeeds on the balance of probabilities. Our Elliot Hammer regularly wins in the Employment Tribunal. See here for Mr Elliot Hammer’s recent wins. 
  5. Can I continue working for my employer whilst bringing a Sex Discrimination case? Yes. We often advise that a Grievance is submitted in an attempt to resolve your Sex Discrimination issue with your employer rather than immediately bringing a claim against them.
  6. How would I prove my Sex Discrimination case? Our specialist Employment Law solicitors are well used to handling documentary evidence and witnesses in order to prove your claim. The Equality Act 2010 also provides for the burden of proof to be reversed in certain cases. 
  7. How long do I have to bring a Sex Discrimination case? You normally have 3 months in which to start ACAS early conciliation since the last date of discrimination. 
  8. Can I bring a Sex Discrimination claim if I am a man? Yes, if you have been treated less favourably because of your sex you can. 
  9. How can I win a Sex Discrimination case if nobody will be a witness for me? Our specialist Employment Law solicitors can advise and represent you. For example our Elliot Hammer has been successful in a case (here) where the Claimant only had one witness against 9 opposing witnesses. 
  10. I am worried about retribution if I raise or bring a Sex Discrimination claim. If you suffer retribution for raising or bringing a Sex Discrimination claim then you may have a claim for Victimisation. 

Branch Austin’s Number 1 top tip in Sex Discrimination:

  • Whilst it may sound obvious, if you believe that any of the above apply to you speak to our specialist solicitors who can consider your case and advise you. Oftentimes obtaining further information (such as co-workers’ salary levels) can either assure you that your employer is treating you lawfully or enable you to do something about it. 

What can Branch Austin do?

Litigation should always be the last step. Our specialist Employment Law solicitors can help you:

  1. Raise a Grievance in order to work with your employer and their Human Resources department in order to help resolve your issue;
  2. Write an amicable letter to your employers setting out your issue;
  3. Write a more formal letter to your employers advising them of their breach(es) of the law;
  4. Write a without prejudice letter to your employers attempting to settle any dispute;
  5. Start ACAS early conciliation with a view to starting employment proceedings.

We can offer No Win, No Fee representation amongst other funding options, including Crowd Justice. 

Speak to our Employment Law solicitors who provide specialist Employment Law advice in the London and specifically Mayfair area. 

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