Discrimination and whistleblowing
Discrimination and whistleblowing issues are becoming ever-more commonplace and the volume of Tribunal claims has increased in recent years. We help employers investigate and manage complaints, assess risk early and defend litigation where necessary, while keeping disruption and cost to the business under control.
Discrimination and whistleblowing allegations often raise issues of particular sensitivity for employers. They can bring under scrutiny an organisation’s ethos, culture and approach to business, with potentially damaging consequences for employee relations and external reputation. In some sectors, they can have wider regulatory implications.
Workers and job candidates are protected from various forms of discrimination based on the nine protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Under separate legislation, employees may also be protected from less favourable treatment based on part-time or fixed-term status.
Workers are also protected from detriment or dismissal where the sole or principal reason is that they have made a “protected disclosure” – in other words, blown the whistle on alleged unlawful activities.
We have deep experience in supporting businesses investigating allegations of discrimination and other unlawful acts, advising on procedural issues and follow-up action (including disciplinary processes) and implementing any remedial measures that may be necessary.
We can usually provide an early assessment of the merits of any allegations and the associated legal and commercial risks, to assist you in formulating a strategic approach. We adopt a common-sense approach to real-life practical issues including, for example, whether to suspend an employee accused of bad behaviour, adopting a proportionate approach to dealing with lengthy, multi-faceted complaints, mitigating the risk of retaliatory behaviour and minimising disruption to day-to-day business operations whilst they are being investigated.
Where litigation is threatened or commenced, we will guide you through each step of the process (see our approach to Resolving Workplace Disputes)
We offer a confidential whistleblowing hotline service, Whisper, through our sister business Strategic HR.
We also support employers with staff training, risk assessments and policy reviews to assist them in complying with their legal duty to take reasonable steps to prevent sexual harassment in the workplace.
Get advice on discrimination and whistleblowing
Speak to our team for clear, practical guidance tailored to your circumstances.
