Discrimination

"What is the worst that could happen to me? If he (or she) takes me to the Employment Tribunal, all they can do is fine me, at the most £10,000." Have you heard this before? Did you know there is now no limit on fines for sexual and racial discrimination?

A few facts: Precedent in law has now been set - managers who 'turn a blind eye' to harassment and bullying may themselves face custodial sentences under the criminal law. In 2003 Sheffield Crown Court issued custodial sentences to employees of Bruce Transport Services following findings one of their fellow employees had been routinely bullied. Bullying can be seen as amounting to harassment on grounds of sex, race, disability, sexual orientation or religion or belief.

The Disability Discrimination Act

The DDA Amendment Regulations came into effect on 1 October 2004 and will mean that employers will no longer be able to justify any failure, to make a reasonable adjustment for disabled employees. Previously smaller employers (those having fewer than 15 employees) were excluded from the Act but now they, as well as other such excluded sectors like the police, prison services and firefighters, will come under the Act.

• What does a 'reasonable adjustment' mean within the Act?
  
  
• Can you be sure that you have made reasonable adjustments for your disabled employees?
  
  
• Can you prove that you are not discriminating against disabled people when seeking to fill your next vacancy? Notice this was "disabled people" and not "potential employee".