Discrimination at work : What are your rights?

The Equality Act 2010 (EA) is the key piece of UK legislation that covers issues involving discrimination at work.

This legislation covers most of of the UK workforce, including employees, workers, trainees, applicants and ex-employees. 

What are protected characteristics?

Under the EA, protection is available to a worker if they suffer unfavourable treatment due to having a “protected characteristic”. Protected characteristics include:

• Gender;

• Age;

• Marriage and Civil Partnership;

• Race & Nationality;

• Ethnic or National Origins;

• Disability (A disability is defined as a physical or mental impairment that has severe long-term effects which have a significant impact on an individual's ability to perform everyday activities);

• Sexual Orientation;

• Pregnancy & Maternity;

• Religion & Belief (including philosophical belief and the non-religious views of atheism).

For more information or to speak with Roy Magara, a specialist employment lawyer, please call 01869 325 883 or email roy@magaralaw.co.uk.  

What are the types of discrimination?

The EA, discrimination can come in the form of:

• Direct discrimination;

• Indirect discrimination; and

• Harassment and victimisation.

Direct discrimination is usually the most visible discrimination type. This is when a person treats another in a less favourable way than others as a direct result of the person's protected characteristic. An example is when an employer does not hire a candidate due to their age or if they are pregnant. 

Indirect discrimination is usually more difficult to identify than direct discrimination by nature. This occurs when an employer's provision, criterion or practice (PCP) which applies to all employees is made but in practice, it places certain individuals at a disadvantage compared to the majority. An example is brining in a rule to say that employees must work at least 2 Sundays a month. This could indirectly discriminate against Christians who worship on a Sunday.

Employers to have some room to defend their PCPs if questioned. Principally, if an employer can prove that a rule applying to all employees is in place as a ‘proportionate means of achieving a legitimate aim’ for the business, the PCP hcould to be classified as a non-discriminatory act.

Harassment involves an employee being treated in a manner that causes them emotional or physical suffering due to something linked to their protected characteristic. An example is if your colleagues tell jokes or have banter about things of a sexual nature or if your colleagues made rude gestures or verbal remarks about you with regard to your protected characteristic.

Victimisation involves treating employees who assist a colleague with an issue of harassment negatively. In practice, as a result of this individual's support, the you may find yourself isolated from your peers as a form of punishment for speaking out.

Bringing a discrimination claim

Generally speaking, most discrimination claims need to be filed within three months less one day from the date that the last act of discrimination occurred (previous acts of discrimination may be able to be included in the claim).  The case will be dealt with by an Employment Tribunal.

No minimum length of service is required when making a claim and no limit exists for the amount of compensation that can be awarded. 

How does an employer respond to a discrimination claim

An employer must show that the individual was in fact treated fairly and that their actions can be justified as being for the greater good of the business. If a business fails to do this, the individual is likely to be successful in his or her discrimination claim. 

For more information or to speak with Roy Magara, a specialist employment lawyer, please call 01869 325 883 or email  roy@magaralaw.co.uk.