Discrimination At Work

What is discrimination?

Treating someone less favourably or more detrimentally than someone else on the grounds of certain prohibited things is unlawful discrimination. The types of grounds that you cannot discriminate against somebody on are, for example, age, sex, marital status, race, nationality, disability, sexual orientation, religious belief or because they are transsexual.

What constitutes age discrimination?

Age discrimination is when somebody is treated less favourably, either directly or indirectly, on the grounds of their age. Age discrimination can be hidden. For example, if you're not taken on for a job because someone else is more experienced than you, then that suggests that there may be some underlying age discrimination there.

What constitutes sex discrimination?

Sex discrimination is the less-favorable treatment, either on direct or indirect grounds, on the basis of someone's gender or marital status. Sex discrimination can also be hidden as well. So, for example, where a part-time worker is treated less favorably than a full-time worker. Most part-time workers are actually women, so that could be sex discrimination.

What constitutes race discrimination?

The Race Relations Act prohibits less favourable treatment, either directly or indirectly, on the grounds of someone's race, nationality, national origin or colour. Treating somebody less favourably on those grounds is unlawful race discrimination.

What constitutes religious discrimination?

Discrimination on the grounds of somebody's religious belief includes discrimination, directly or indirectly, because of someone's own religious belief or because of their philosophical belief. This may include their political ideologies.

What constitutes disability discrimination?

Disability discrimination is slightly more complicated than the other types of discrimination. A disability is defined under the Disability Discrimination Act and you would need to look at that to see whether or not your particular condition fulfilled the criteria to be a disability. A disabled person has the right not to be treated less favourably on the grounds of their disability, or for a reason related to their disability. Further, an employer of a disabled person has a positive duty upon them to make reasonable adjustments to ensure that a disabled person can fulfil their duties. That's a positive step the employer has to take. If you think that your employer is not making adjustments for you then it's worth raising that with them, and perhaps giving suggestions which could make your working life easier.

What is indirect or direct discrimination?

There is a legal distinction between direct and indirect types of discrimination. Those distinctions are complicated. If you're even starting to think that they may be direct or indirect discrimination, it's at that point you take legal advice, or speak to your trade union representative if you're a member, to find out what steps you need to take and what legal advice you actually need in relation to your situation.

Are there any other grounds for unlawful discrimination?

Apart from sex discrimination, race discrimination, age discrimination, sexual orientation, religious belief and disability discrimination, there isn't, at the moment, any other legislation which sets up other types of discrimination. If you're a fixed-time worker, you can't be treated less faithfully than someone who's not a fixed-time worker. So there is no discrimination there. But also, if you're a part-time worker, you can't be treated less faithfully than a full-time worker, so that also is in accordance with discrimination legislation. But one thing that you should also be aware of is that there is something called harassment as well. If you feel that you are experiencing "unwanted conduct," which is violating your dignity or making you feel intimidated, or it's hostile or degrading, then you may have a claim or a grievance for harassment and it's worth taking some legal advice or speaking to a trade union representative to see whether or not harassment is an issue here for you.

What should I do if I feel I'm being discriminated against?

If you're being discriminated against, it's really important to raise a grievance in accordance with your employer's grievance procedure. If they don't have a grievance procedure, you should raise it on the statute of grievance procedures. You need to write the details of your discrimination claim down, and you need to give them to either your line manager or HR. They will then have a meeting with you at which you can discuss your grievance. If this is not resolved through the grievance and appeal process, you have the right to take your claim to the tribunal. I would suggest you get some legal advice to help you understand how the tribunal process works and how to phrase your discrimination case, if you do have a case.

Will I lose my job if I complain about discrimination?

If you do lose your job after complaining about discrimination, you have a claim for what is known as victimisation. Employees are protected from being dismissed, or any other detriment as a result of bringing a claim, complaining about discrimination or, indeed, helping somebody else bring a claim about discrimination. You'd have a claim of victimisation in those circumstances.

What is positive discrimination?

Positive discrimination seems to be a phrase that the media has picked up on, and it seems to suggest that, for example, if five white guys go for a job and one black guy goes for a job, and the black guy gets the job, then it's positive discrimination. Actually, that in itself is discrimination, and if those five white guys were better than the black guy, they would have a claim for race discrimination themselves. There isn't really any advocating for positive discrimination; it's just as discriminatory, so it's just as unlawful. However, in certain circumstances, there may be a genuine occupational requirement to have, for example, an Indian waiter in an Indian restaurant for the authentic Indian experience, rather than have the white waiter. Generally, however, positive discrimination is unlawful.