Discrimination

What is discrimination?

Discrimination in the workplace occurs when an employer treats one employee less favourably than another due to a “protected characteristic” under the Equality Act 2010. Protected characteristics are:

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race (including colour, nationality, ethnic or national origin)
• religion or belief
• sex
• sexual orientation

Types of workplace discrimination can involve:

• dismissal
• employment terms and conditions
• pay and benefits
• promotion and transfer opportunities
• training
• recruitment
• redundancy

So, for example, if a female employee is paid less than a male colleague for doing the same job, or a black employee is refused training opportunities offered to white colleagues, this is considered workplace discrimination.

In addition to the protected characteristics, employees are not allowed to be treated unfairly due to:

• trade union membership
• being on a fixed-term or part-time contract

Direct discrimination

Direct discrimination happens when an employer treats an employee less favourably than someone else because of one of the reasons outlined above. For example, it would be direct discrimination if a driving job was only open to male applicants.

There are limited circumstances in which an employer might be able to make a case for a genuine occupational requirement for the job. For example, a Roman Catholic school may be able to restrict applications for a scripture teacher to baptised Catholics only.

Indirect discrimination

Indirect discrimination is when a working condition or rule disadvantages one group of people more than another. For example, saying that applicants for a job must be clean shaven puts members of some religious groups at a disadvantage.

Indirect discrimination is unlawful, whether or not it is done on purpose. It is only allowed if it is necessary for the way the business works, and there is no other way of achieving it. For example, the condition that applicants must be clean shaven might be justified if the job involved handling food and it could be shown that having a beard or moustache was a genuine hygiene risk.

Victimisation

Employers are not allowed to victimise an employee on the basis that they made a complaint about discrimination (eg by preventing them from going on training courses). Victimisation is unlawful under the Equality Act.

What can I do about discrimination at work?

Employees should initially discuss the problem with their boss or HR manager to try and resolve things informally.

If things cannot be sorted out informally, talk to Acas, Citizens Advice or a trade union representative.

You might be able to take a claim to an employment tribunal on the basis of discrimination.