Q: Can a job applicant claim unfair discrimination?
A: A worker, an ex-employee or even a job applicant can bring a claim to an employment tribunal for unlawful discrimination if they feel this has occurred.
There is no qualifying period required for someone to bring a claim based on discrimination and the claim can be made even if the complainant is not an employee. The claim must normally be brought within three months of the alleged act of discrimination however.
The amount of compensation that can be awarded for cases of discrimination on the grounds of disability, sex or race, sexual orientation, religion or belief or selection for redundancy for health and safety or public interest (‘whistleblowing’) reasons is unlimited. In addition to compensation for financial loss, an award for injury to feelings may be made. This may range from £500 to £25,000, depending on seriousness of the case.
Employers can also be liable for discriminatory acts committed by their employees. This liability applies regardless of whether the employer knows or approves of the discriminatory action.
Unlike most cases, once the basic facts of discrimination have been established, the burden of proof generally shifts to the employer who must refute the allegation by showing that there was a non-discriminatory reason for their actions or omissions.
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