Workplace discrimination issues can arise at any stage of an employees with a business, from recruitment and onboarding to day-to-day management and termination. Allegations are often sensitive, fast-moving and high-risk, with potential impacts on employee relations, reputation and legal exposure.
At DTM Legal, our Employment & HR team provides clear, practical advice to help employers prevent discrimination issues developing in the first place and manage complaints fairly, consistently and in line with the law.
Specialist Legal Support for Workplace Discrimination Issues
Discrimination concerns are rarely straightforward. They often overlap with absence management, performance processes, grievances, whistleblowing, flexible working and restructuring. A decision that feels operationally sensible can quickly become contentious if the process is mishandled or if the reasoning is not properly evidenced.
We work with employers to respond confidently and compliantly, whether you need support with preventative measures or urgent advice when a complaint has been raised.
Key Considerations for Employers
When discrimination is alleged or where there is a heightened risk of a discrimination claim employers should consider:
- Protected characteristics: Could the complaint relate to a protected characteristic (for example disability, pregnancy/maternity, religion or belief, race, sex, age or sexual orientation)?
- Policies and culture: Are your equality, diversity and inclusion policies up to date, communicated clearly and applied consistently?
- Reasonable adjustments: Where disability may be relevant, have appropriate adjustments been considered, implemented and documented?
- Recruitment processes: Are job adverts, selection criteria, interview questions and scoring consistent and defensible?
- Harassment and “banter”: Are you taking a proactive approach to preventing harassment, including online/remote working environments and work social events?
- Investigations: Has a thorough, impartial investigation been carried out, with clear evidence and accurate records?
- Management decisions: Could performance management, sickness absence processes or disciplinary action be perceived as discriminatory or retaliatory?
- Grievances and outcomes: Are complaints handled fairly, with a clear rationale for decisions and an appropriate right of appeal?
- Training and accountability: Are managers trained to spot risk early and handle difficult conversations appropriately?
Our Services
DTM Legal supports employers across the full spectrum of discrimination and equality-related workplace issues. Our services include:
- Advising on discrimination complaints, including strategy from the outset to reduce legal and commercial risk
- Supporting internal investigations, grievance processes, outcomes and appeals
- Advising on reasonable adjustments, occupational health, capability procedures and disability-related risk
- Drafting and reviewing equality, anti-harassment, bullying and related HR policies and procedures
- Providing guidance on recruitment best practice, including defensible selection and interviewing processes
- Advising on pregnancy and maternity-related issues, flexible working and family leave matters where discrimination risk may arise
- Supporting protected conversations and without-prejudice negotiations where appropriate
- Negotiating settlements and preparing settlement agreements to resolve disputes commercially
- Delivering training for managers and HR teams (in person or e-learning) on equality, diversity, inclusion and preventing harassment
- Representing employers in Employment Tribunal proceedings where matters escalate
Why Instruct DTM Legal?
Discrimination issues require more than a standard set of responses. Employers need advice that is legally robust, commercially focused and workable in the real world.
Our Employment & HR team takes the time to understand your organisation, culture and objectives. We help you take proactive steps to prevent issues arising, and when a complaint is made, we guide you through a fair process that protects your business and supports a positive working environment.
Get in Touch
To speak to a member of our Employment & HR team about discrimination issues in the workplace, call us on 01244 354 800 / 0151 321 0000 or email employment@dtmlegal.com. We’re here to help you manage sensitive situations confidently, fairly and compliantly.
FAQs: Discrimination Services for Employers
What counts as workplace discrimination?
Discrimination is unlawful where an employee, worker or job applicant is treated unfairly because of a protected
characteristic (such as age, disability, race, religion or belief, sex, sexual orientation, pregnancy/maternity,
marriage/civil partnership, or gender reassignment). It can include direct discrimination, indirect discrimination
(where a policy disadvantages a group), harassment and victimisation.
What should we do as soon as a discrimination complaint is raised?
Act promptly and take the complaint seriously. Acknowledge it, consider whether any immediate steps are needed to
protect those involved (for example, adjusting reporting lines). Talk to the complainant to understand their
concerns and desired outcome and if they want to resolve it informally or formally. Gather information by speaking
with witnesses, collecting evidence and speaking to the individual who has been accused. Keep clear records,
maintain confidentiality as far as possible, and ensure the process is fair and consistent with your policies.
Do we always have to carry out a formal investigation?
It is recommended to conduct a fair and reasonable investigation into discrimination complaints. You should take
reasonable steps to understand what happened and respond appropriately. Some issues can be resolved informally,
particularly if raised early. However, allegations of discrimination or harassment often warrant a more formal
approach, especially where there is a dispute about facts, a risk of escalation, or potential tribunal exposure.
What are “reasonable adjustments” and when do we need to consider them?
Reasonable adjustments are changes an employer may need to make to remove disadvantages for a disabled employee or
candidate. This could include adjustments to duties, hours, location, equipment, procedures, targets or the
recruitment process. You should consider adjustments as soon as you become aware (or could reasonably be expected
to be aware) that a disability may be relevant.
How can we reduce the risk of a discrimination claim in future?
Prevention tends to come down to three things: (1) clear, up-to-date policies (equality, anti-harassment, grievance,
flexible working), (2) consistent decision-making supported by good documentation, and (3) practical training for
managers so they spot risk early and handle issues appropriately. We can help audit your current approach and put a
workable plan in place.
