Best Job Discrimination Lawyers in Aberdeen
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Find a Lawyer in AberdeenAbout Job Discrimination Law in Aberdeen, United Kingdom
Job discrimination in Aberdeen is governed primarily by the Equality Act 2010, which applies across Scotland and the rest of Great Britain. The law protects workers and job applicants from unfair treatment based on protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Discrimination can be direct or indirect, and it can include harassment, victimisation, and a failure to make reasonable adjustments for disabled people. Equal pay for equal work is also protected.
People in Aberdeen encounter these issues in many settings, including recruitment, promotions, pay, training, performance management, disciplinary action, redundancy selection, dismissal, and workplace culture. Claims are usually brought in the Employment Tribunal in Scotland, with time limits that are short and strictly applied.
Why You May Need a Lawyer
Employment discrimination disputes can be stressful and complex. A lawyer can help you identify whether the treatment you experienced meets the legal definition of discrimination, gather and preserve evidence, assess time limits, and choose the best strategy. You may need a lawyer if you are being treated unfavourably due to pregnancy or maternity, you are disabled and your employer refuses reasonable adjustments, selection criteria for redundancy seem biased, you are experiencing harassment related to a protected characteristic, you suspect unequal pay compared with an opposite sex comparator, you have been passed over for promotion based on a protected characteristic, or you are facing dismissal linked to discrimination. A lawyer can also guide you through internal grievances, ACAS Early Conciliation, settlement options, and Employment Tribunal procedure.
Local Laws Overview
Key rules relevant in Aberdeen include the Equality Act 2010, which defines protected characteristics and unlawful conduct, and the Employment Tribunals system in Scotland. In most cases you must start ACAS Early Conciliation before you can bring a claim. The standard time limit to contact ACAS is three months less one day from the date of the act you are complaining about. The clock is paused during Early Conciliation. The Tribunal can extend the time limit in discrimination cases if it considers it just and equitable, but you should not rely on an extension. Equal pay claims usually have a six months less one day limit from the end of employment for Employment Tribunal claims.
Employers in Aberdeen can be vicariously liable for discriminatory acts of their employees unless they have taken all reasonable steps to prevent such conduct. For disability, employers have a duty to make reasonable adjustments to remove workplace disadvantages. Public bodies in Aberdeen, such as Aberdeen City Council and NHS Grampian, are subject to the public sector equality duty, with specific Scottish duties that require them to consider equality in their decision making. Remedies for successful claims can include compensation for financial loss and injury to feelings, recommendations, and declarations. Compensation for discrimination is uncapped.
Frequently Asked Questions
What counts as unlawful discrimination at work
Unlawful discrimination includes direct discrimination, indirect discrimination, harassment, victimisation, and failure to make reasonable adjustments for disability. It covers decisions and conduct at every stage of employment, from recruitment to dismissal. You must show a connection to a protected characteristic.
How quickly do I need to act
Very quickly. Contact ACAS for Early Conciliation within three months less one day of the discriminatory act. Time is paused while ACAS is involved and then resumes. Equal pay claims have a different limit, typically six months less one day from the end of employment for Tribunal claims. Get advice promptly to protect deadlines.
Do I need a grievance before I claim
It is not compulsory, but raising a clear written grievance can help resolve issues and may affect compensation. It also helps show you tried to settle the matter. Follow your employer’s grievance policy and keep records.
What evidence should I collect
Keep a timeline, emails, messages, meeting notes, policies, performance data, job adverts, pay information, and witness details. Consider making a data subject access request for relevant personal data. Save documents at home and back them up.
What is ACAS Early Conciliation
ACAS Early Conciliation is a free process that you must start before filing most Tribunal claims. An ACAS conciliator can help both sides explore settlement. If settlement is not reached, ACAS issues a certificate that you need to lodge your claim. Settlements via ACAS use a COT3 agreement.
What remedies can the Tribunal award
The Tribunal can award compensation for financial loss and injury to feelings, make declarations, and sometimes recommendations. In discrimination cases, compensation is uncapped. In equal pay cases, arrears can be awarded subject to statutory limits.
How do reasonable adjustments work
If you are disabled under the Equality Act, your employer must take reasonable steps to remove substantial disadvantages caused by workplace arrangements or physical features. Examples include adjusted duties, flexible hours, remote work, equipment, or policy changes. Reasonableness depends on effectiveness, practicality, cost, and employer size and resources.
Can I be dismissed for complaining about discrimination
No. Victimisation for raising or supporting an Equality Act issue is unlawful. Dismissing or disciplining you because you asserted your rights can lead to additional claims. There is no minimum service requirement for discrimination claims.
Will I have to pay my employer’s legal costs if I lose
Costs awards in the Employment Tribunal are rare and usually only made where a party has acted vexatiously, abusively, disruptively, or unreasonably. You should still get advice on litigation risk before issuing a claim.
How can I fund a discrimination case
Options can include trade union representation, legal expenses insurance attached to home or motor policies, advice services and clinics, no win no fee or damages based agreements with some firms, and support from the Scottish Legal Aid Board in limited circumstances. Ask a solicitor to assess eligibility and options early.
Additional Resources
ACAS - Advisory, Conciliation and Arbitration Service. Offers guidance on workplace rights, Early Conciliation, and settlement procedures.
Equality Advisory and Support Service - Helpline that assists individuals with discrimination problems under the Equality Act 2010.
Equality and Human Rights Commission Scotland - Guidance on discrimination law and the public sector equality duty in Scotland.
Citizens Advice Scotland and Aberdeen Citizens Advice Bureau - Free, confidential advice on employment rights and discrimination.
Grampian Regional Equality Council - Aberdeen based organisation promoting equality and providing support on discrimination issues.
Aberdeen Law Project - Student led clinic that may offer free assistance on certain employment matters.
Law Society of Scotland - Find a local solicitor with employment law and discrimination expertise.
Scottish Legal Aid Board - Information on eligibility for legal aid and advice and assistance in Scotland.
Employment Tribunals Scotland - Information about procedures, forms, and venues for Scottish Employment Tribunal cases.
Next Steps
Act quickly. Write a timeline of events with dates, witnesses, and documents. Preserve emails, messages, and policies. Keep a diary of incidents and how they affected you.
Raise matters internally. Consider an informal discussion, then a formal written grievance if needed. Ask for reasonable adjustments if disability is involved and provide medical evidence where appropriate.
Start ACAS Early Conciliation within the time limit. You cannot file a Tribunal claim without an ACAS certificate unless a narrow exception applies. Use the pause in time to seek advice and explore settlement.
Get legal advice. Speak to a solicitor or advice service about prospects, evidence, deadlines, funding, and strategy. Ask about no win no fee or other funding options and the possibility of a settlement agreement.
File your claim on time. If conciliation does not resolve the dispute, prepare and lodge your ET1 claim form within the adjusted deadline. Set out the facts clearly and identify the legal basis, such as direct discrimination or failure to make reasonable adjustments.
Prepare for hearing or settlement. Continue gathering evidence, prepare a witness statement, and compile a bundle. Be open to settlement discussions via ACAS or a settlement agreement with independent legal advice. Do not sign any agreement without advice, and remember that agreements cannot lawfully stop you from whistleblowing or reporting crimes.
Look after your wellbeing. Discrimination disputes can be taxing. Seek support from trusted colleagues, friends, or support organisations while your case progresses.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.