The Equality Act provides protection from discrimination, harassment and victimisation in relation to the provision of services, as well as school pupils and the management and disposal of premises.
This means that, for example if you are a customer in a shop, you have a right not to be discriminated against, harassed or victimised, or if you do receive such treatment, you have the right to bring a civil claim against that shop. To establish a claim under the Equality Act, you must first show that you have a ‘protected characteristic’ under the Act. These include: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The discriminatory treatment, or harassment, must have arisen because of one of the protected characteristics.
The Protection from Harassment Act 1997 (PHA) provides wider protection from harassment between individuals. To bring a claim for harassment under the PHA, there is no need to establish a protected characteristic, or that the harassment occurred in relation to a protected characteristic.
To constitute harassment under the PHA, there must have been a ‘course of conduct’. The PHA explains that a course of conduct is conduct on at least two occasions against the same person.
Oakwood solicitors regularly represent clients in bringing civil claims in respect of harassment and discrimination.
Damages for such claims can include damages for Injury to Feelings, loss of earnings and in some cases Personal Injury.
Depending on the background circumstances of the claim, we are able to offer a range of funding options for bringing claims for discrimination and harassment, including:
- Conditional Fee Agreements (‘No Win, No Fee’ Agreements or alternatively ‘No Win, Lower fee’ Arrangements)
- Fixed fee arrangements
- Contingency Fee Agreements
- Private fee paying agreements at a competitive hourly rate
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