Every employee has the right to be treated fairly by their employer and to not be discriminated against on the grounds of:
- Gender
- Marital status
- Gender reassignment
- Pregnancy
- Sexual orientation
- Disability
- Race
- Colour
- Ethnic background
- Nationality
- Religion or belief
- Age
Your employer should not tolerate any form of discrimination or harassment and should ensure that no employees, job applicants and customers are receive less favourable treatment on any of the grounds detailed above.
Discrimination is about people being thought of as having different value or worth, being treated differently or given fewer opportunities because of something they have no control over. The dictionary definition of discrimination is “to distinguish difference between or judge between”.
There are two types of discrimination, direct and indirect.
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Direct Discrimination - This happens when someone is treated less favourably because of their sex, race, disability etc in relation to recruitment, selection, promotion, training or redundancy.
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Indirect Discrimination - This is where a requirement, condition or practice is imposed that is less easily met/achieved by a specific section of society, which adversely affects them.
It may be the case that a discrimination claim is as a result of an employee being victimised or harassed by a colleague.
Victimisation is when someone is treated less favourably than others because that person has made a complaint or allegation of discrimination, or has acted as a witness or informant in connection with proceedings under any relevant Acts, or has been involved in any other way in their enforcements or intends to do any of these.
Harassment is unwanted conduct that has the purpose or effect of violating another person’s dignity or creates an intimidating, hostile, humiliating, degrading or offensive environment. Harassment can be difficult to define as it can take many forms. It can be both verbal and non-verbal. It is the effect that the action has on the recipient that is important and how they perceive it, not the intention of the harasser.
Examples may include:
- Verbal abuse, taunting or banter
- Racist or sexist jokes
- Purposely ignoring someone
- Unwanted physical contact
- Offensive emails, calendars or texts
An employer is vicariously liable for the discriminatory acts of its employees committed during the course of their employment. An employee who commits an act of discrimination is also liable.
In the first instance, an employee should speak with the person involved or a manager to discuss their concerns. If the issue cannot be resolved informally, it may be necessary to follow the necessary Company procedures for discrimination, if your employer has these in place.
However, if the offense is of an extremely serious nature, or it has resulted in the employee resigning or the employer terminating their employment, it may be necessary to issue proceedings for a discrimination claim and for both parties to attend an Employment Tribunal.
At an Employment Tribunal, discrimination is assumed to have taken place unless the employer can demonstrate it hasn’t. This is referred to as ‘burden of proof’.
There are various Acts that can be referred to when seeking further information regarding discrimination:
- Equal Pay Act 1970
- Sex Discrimination Act 1975
- Gender Reassignment Regulations 1999
- Part Time Workers 2000
- Race Relations Act 1976
- Age Discrimination Act 2000
- Disability Discrimination Act 1995
- Employment Relations Act 1999
- Human Rights Act 1998
- Sexual Orientation Legislation 2003
- Rehabilitation of Offenders Act 1974
- Religion or Belief Regulations 2003
If you need advice about an employment matter,
contact Legal Advice Helpline on 0845 600 6980 to speak to one of our specialist advisors about employment law.