Guide to possible employment claims during first two years of employment

Generally, employees with over two years’ employment benefit from significantly increased employment rights protection. However, employees with less than two years’ employment still benefit from other rights including protection from less favourable and discriminatory treatment and from detrimental treatment due to whistleblowing.

• Direct Discrimination –  less favourable treatment because of a protected characteristic such as age, a disability, race, religion or belief, or gender or sexual orientation.
• Indirect discrimination – where an employer applies a provision, criterion, or practise which on its face applies to all employees but which actually places employees with a specific protected characteristic at a disadvantage. For example, a requirement that an employee must work full-time as opposed to part-time may indirectly discriminate against women. If the employer can show that the provision, criterion or practise is a proportionate means of achieving a legitimate aim, they may be able to legally justify the discriminatory treatment.
• Whistleblowing related detrimental treatment –  in response to the raising of a breach or a potential breach of a legal obligation – this can include the act of dismissal itself but also detrimental treatment generally.

There is no upper limit on the financial awards that can be made by the Employment Tribunal in relation to either of the above claims.

If you are a senior executive with less than two years employment and you would like advice on your possible claims for whistleblowing or discrimination with a view to obtaining and negotiating a settlement agreement or with a view to bringing a tribunal claim please contact David Greenhalgh on 020 3603 2177.

This article/blog is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.