Best Job Discrimination Lawyers in Stonehaven

About Job Discrimination Law in Stonehaven, United Kingdom

Job discrimination in Stonehaven is governed by United Kingdom equality law that applies across Scotland. The central law is the Equality Act 2010, which protects people from unfair treatment at work and in recruitment because of protected characteristics. Stonehaven is in Aberdeenshire, so claims are usually handled by the Employment Tribunal in Scotland, with Aberdeen often being the nearest hearing venue.

The Equality Act protects against discrimination, harassment, and victimisation related to age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The law covers employees, workers, apprentices, agency workers, job applicants, and some self-employed contractors. It also protects you after employment ends, for example in references.

Why You May Need a Lawyer

While some workplace issues can be resolved informally, legal advice is often vital when discrimination is alleged. Common situations include

- You have been treated worse than others because of a protected characteristic, for example refused promotion, given worse shifts, or excluded from training.

- Workplace policies or practices put people with your protected characteristic at a particular disadvantage, for example a rigid working pattern that disadvantages disabled staff or women with childcare responsibilities.

- You have experienced harassment such as unwanted conduct or comments related to a protected characteristic that violate your dignity or create a hostile environment.

- You are pregnant or on maternity leave and believe you have been selected for redundancy, sidelined, or denied reasonable adjustments.

- Your employer refuses reasonable adjustments you need because of a disability, or delays unreasonably.

- You suffered retaliation after raising concerns about discrimination or supporting a colleague.

- Settlement discussions are underway and you need advice on terms, tax treatment, confidentiality, and whether a deal is fair.

- You need help gathering evidence, drafting a grievance, engaging in ACAS Early Conciliation, or bringing a tribunal claim.

- You are unsure about strict time limits or whether your case is strong enough to proceed.

Local Laws Overview

Key laws and processes that apply in Stonehaven and across Scotland include

- Equality Act 2010 - Prohibits direct and indirect discrimination, harassment, victimisation, discrimination arising from disability, and failure to make reasonable adjustments. Positive action is permitted in limited circumstances, for example as a lawful tie-break between equally qualified candidates.

- Worker Protection Act 2023 - From October 2024, employers have a new duty to take reasonable steps to prevent sexual harassment of employees. A failure can lead to an uplift in compensation in tribunal awards and enforcement action by the Equality and Human Rights Commission.

- ACAS Early Conciliation - Before most tribunal claims you must notify ACAS. The conciliation period pauses the time limit. If not settled, ACAS issues a certificate you need to lodge a claim.

- Time limits - Most discrimination claims must be started within 3 months minus 1 day of the act you are complaining about. For continuing issues, time usually runs from the last act in a series. Tribunals can extend time if it is just and equitable, but do not rely on this. Equal pay claims have different limits and routes. Get advice quickly.

- Employment Tribunals in Scotland - There are no tribunal fees. Claims by residents of Stonehaven are typically heard at the Aberdeen hearing centre, but hearings can be in person, remote, or hybrid.

- Remedies - If you win, the tribunal can make declarations, award compensation for financial loss and injury to feelings, and recommend steps the employer should take. Injury to feelings is assessed using Vento bands which are updated annually. There is no cap on compensation in discrimination claims.

- Public sector equality duty - Public bodies in Scotland, including local authorities and NHS boards, must have due regard to eliminating discrimination, advancing equality of opportunity, and fostering good relations. Scotland has specific duties that require equality outcomes and reporting.

- Evidence and burden of proof - If you show facts from which discrimination could be inferred, the burden shifts to the employer to prove a non-discriminatory explanation. Keep contemporaneous notes, emails, policies, and comparators where possible.

- Reasonable adjustments - Employers must make reasonable adjustments for disabled applicants and workers where a provision, criterion, practice, or physical feature puts them at a substantial disadvantage, and the employer knows or ought reasonably to know about the disability.

Frequently Asked Questions

What counts as discrimination at work

Discrimination can be direct, for example refusing to hire someone because of their race, or indirect, for example applying a rule that disadvantages a protected group without objective justification. It also includes harassment related to a protected characteristic, victimisation for raising concerns, and discrimination arising from disability. Failing to make reasonable adjustments for a disabled person is also unlawful.

Am I protected if I am only applying for a job

Yes. The Equality Act protects job applicants during recruitment, including application forms, interviews, assessments, and job offers. Employers must make reasonable adjustments to the recruitment process for disabled applicants.

How long do I have to start a claim

Most discrimination claims must be started within 3 months minus 1 day from the act complained of. You must contact ACAS for Early Conciliation before you can bring a tribunal claim, and the conciliation period pauses the time limit. Tribunals can extend time if just and equitable, but do not assume an extension will be granted.

Do I have to raise a grievance first

It is not legally required, but it is usually sensible to raise a written grievance to give your employer a chance to put things right and to build evidence. Tribunals can adjust compensation up or down depending on whether parties followed the ACAS Code of Practice on Disciplinary and Grievance Procedures.

What is ACAS Early Conciliation

It is a free service that helps employees and employers try to resolve disputes before a claim is issued. You notify ACAS, a conciliator contacts both sides, and if it does not settle, ACAS issues a certificate. You must include the certificate number in your tribunal claim.

Can I claim if I am an agency worker or contractor

Often yes. The Equality Act covers workers and some self-employed contractors who personally perform work, as well as contract workers supplied by an agency. Liability can rest with the end user, the agency, or both depending on the circumstances.

What if I was dismissed after reporting discrimination

Victimisation is unlawful if you are treated badly because you made or supported a complaint about discrimination. You may also have a claim for unfair dismissal if you qualify by length of service or under automatic unfair reasons. Get advice quickly because time limits are short.

What compensation can I get

Compensation can include lost earnings, loss of benefits, future losses, and injury to feelings assessed within Vento bands. In serious cases aggravated damages and an uplift for breach of the ACAS Code may apply. There is no cap on discrimination compensation.

Do I need a comparator to prove discrimination

Comparators can help, for example a colleague in similar circumstances who was treated better, but they are not always required. Tribunals can consider hypothetical comparators and the overall facts to infer discrimination.

How do reasonable adjustments work

If you are disabled under the Equality Act definition, your employer must take reasonable steps to remove substantial disadvantages you face at work. Examples include adjustments to duties, hours, equipment, location, or processes. Reasonableness depends on effectiveness, practicality, and cost, balanced against the employer’s resources.

Additional Resources

ACAS - Advisory, Conciliation and Arbitration Service. Free guidance on discrimination, Early Conciliation, and workplace dispute resolution. ACAS helpline 0300 123 1100.

Equality and Human Rights Commission Scotland - Statutory body that enforces equality law, publishes Codes of Practice and guidance, and can investigate systemic discrimination.

Equality Advisory and Support Service - Helpline for discrimination queries that are not covered by ACAS, especially outside employment or where you need support understanding your rights. EASS helpline 0808 800 0082.

Citizens Advice Scotland - Local bureaux, including in Aberdeenshire, provide free, confidential advice on employment rights and discrimination. Look for the Stonehaven or nearest bureau.

Scottish Trades Union Congress and trade unions - If you are a union member, your union can offer representation and legal support. Non-members can seek advice on joining and support available.

Aberdeenshire Council employability and support services - Useful for signposting to local support, adjustments, and workplace wellbeing resources.

Employment Tribunal Scotland - Information on tribunal processes, forms, and hearings, including guidance on lodging claims and attending hearings.

Access to Work - Government scheme that can fund practical support and adjustments for disabled employees and applicants to start or stay in work.

Next Steps

Step 1 - Write down what happened. Keep a timeline with dates, times, who was involved, witnesses, emails, messages, and screenshots. Store documents at home, not just on work systems.

Step 2 - Check your employer’s policies. Read equality, bullying and harassment, grievance, and flexible working policies. Note any deadlines or reporting routes.

Step 3 - Seek early advice. Contact ACAS for initial guidance and consider speaking to a Scottish employment solicitor, a union representative, or Citizens Advice. Early advice helps you meet time limits and plan your approach.

Step 4 - Ask for adjustments if needed. If disability is relevant, make a written request explaining the disadvantage and adjustments that would help. Provide medical evidence if available.

Step 5 - Raise a written grievance. State the facts, how the Equality Act applies, and what outcome you seek. Be polite, clear, and specific. Keep copies of everything.

Step 6 - Start ACAS Early Conciliation if the issue is not resolved. This pauses the time limit and may lead to a settlement. Decide whether to settle or proceed with a claim after getting advice on the merits and value.

Step 7 - Issue a tribunal claim if needed. Complete the ET1 claim form carefully, setting out the legal basis, facts, and remedies sought. Make sure it is submitted before the deadline shown on the ACAS certificate calculation.

Step 8 - Prepare your evidence. Organise documents, witness statements, a schedule of loss, and a chronology. Consider a data subject access request if you need to obtain your personal data from the employer.

Step 9 - Consider settlement at all stages. Many cases resolve through negotiations or judicial mediation. Get advice on tax, references, confidentiality, and any post-termination restrictions before signing a settlement agreement.

Step 10 - Look after your wellbeing. Workplace disputes are stressful. Use support networks and professional help if needed, and speak to your GP or support services if your health is affected.

This guide is for general information only - it is not legal advice. For advice about your specific situation in Stonehaven or elsewhere in Scotland, consult a qualified employment solicitor.