If you think you may have been, or may be, discriminated against by your firm due to a protected characteristic, contact us for advice.
What does a partner and LLP member discrimination solicitor do?
Our solicitors are experienced in advising partners and members of limited liability partnerships (LLPs) with discrimination claims. We can guide you towards achieving an amicable resolution, if that’s possible, or through Employment Tribunal proceedings, should that be necessary.
Although we can support firms with all types of discrimination claims, Jo Davis has particular expertise in age, sex and disability discrimination complaints.
Most notably, she acted for partner, Leslie Seldon, in the case of Seldon v Clarkson Wright & Jakes, which is the leading Supreme Court decision on objective justification related to direct age discrimination. She also has a particular interest in helping partners facing discrimination linked to caring responsibilities or menopause.
Greg Clark is also an expert in disability discrimination related to mental health and neurodiversity. He regularly acts for clients with a variety of mental health conditions or who are autistic or have ADHD.
The Equality Act 2010
Discrimination law in England provides robust protections for partners in firms and members of LLPs under the Equality Act 2010. These protections extend to discrimination, harassment, victimisation and the duty to make reasonable adjustments, ensuring that individuals in these roles are treated fairly and equitably.
The protection under the Equality Act applies to those with the protected characteristics of: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation.
It is unlawful for an LLP to discriminate against a person in the arrangements made for deciding to whom to offer a position as a member, in the terms on which the position is offered or by not offering the position at all.
For example, if a candidate with better or more relevant qualifications is excluded from consideration for membership due to their race, this could constitute direct discrimination.
Similarly, once an individual becomes a member, the LLP must not discriminate against them in the terms of their membership, access to opportunities such as promotion or training or by subjecting them to detriment, including expulsion.
Harassment and victimisation are also prohibited. Harassment involves unwanted conduct related to a protected characteristic that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
For instance, subjecting a candidate to homophobic remarks during an interview for membership would amount to harassment.
Victimisation occurs when a person is treated unfairly because they have made or supported a complaint under the Equality Act. These protections apply both to current members and to individuals applying for membership.
Reasonable adjustments
The duty to make reasonable adjustments is another critical aspect of discrimination law for LLPs. This duty requires LLPs to take reasonable steps to remove or minimise disadvantages faced by disabled members due to provisions, criteria, practices or physical features.
For example, if a disabled member requires adjustments to access training opportunities, the LLP must bear the cost of these adjustments as an expense of the LLP, provided the cost is reasonable. This duty applies to both candidates for membership and current members.
The principles outlined above also apply to traditional partnerships. Firms must not discriminate, harass or victimise partners or potential partners. The same obligations regarding reasonable adjustments apply, ensuring that disabled partners are not disadvantaged in their roles.
In conclusion, the Equality Act 2010 establishes comprehensive protections for partners in firms and members of LLPs, requiring equality in access to opportunities, fair treatment during membership and protection from discriminatory practices.
Why choose B P Collins as your discrimination solicitors?
With over 50 years of experience and deep expertise in employment law, B P Collins is consistently recognised in leading legal directories, including Chambers UK and The Legal 500. Our solicitors have helped partners in firms and LLP members across various sectors navigate discrimination claims with confidence and clarity.
Price and service transparency
We pride ourselves on achieving the best possible and most cost effective outcomes for our clients, be that through pursuing a strike out of some or all of a claim or defence or negotiating an appropriate settlement.
View our price and service transparency here.
Contact our discrimination solicitors today
For further information or advice, please call our Partner and LLP member discrimination lawyers on 01753 889995 or email enquiries@bpcollins.co.uk. We can offer same-day appointments by phone, video call or in-person, from our offices in London, Ickenham, Thame and Gerrards Cross.
