Motive is no Defence - Expert Comments

David Reid
14th Sep 2009

Expert Comments for employers dealing with sensitive issues involving employees who fall into a protected category under discrimination law.

There may be a variety of situations in which an employer might unlawfully discriminate against a person for well-intentioned reasons. However, an employment tribunal is likely to be less interested in the motive of the employer than the question of whether less favourable treatment has occurred on the grounds of a protected characteristic such as sex, age or disability.

 

Therefore, employers should be very careful in dealing with sensitive issues involving employees who fall into a protected category under discrimination law. Just Employment Law will be pleased to advise clients on achieving a non-discriminatory solution to any such issues.

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