Discrimination

Discrimination takes place when a person or group is treated differently to those around them, in either a favourable or unfavourable way. Usually when there is discrimination in the workplace it is done in a negative way, and it means that someone is being treated less favourably or differently from their colleagues and they are at a disadvantage because of this discrimination. UK law prohibits discrimination on the following grounds;

  • Age
  • Disability
  • Race
  • Religious or Philosophical Belief
  • Sex (gender)
  • Sexual Orientation

In other words, if a person is subjected to a detriment because of any one or more of the above factors the behaviour may be illegal.  There are two types of discrimination, indirect discrimination and direct discrimination. 

Direct discrimination takes place where, for example, someone is treated differently from their colleagues in the workplace purely because of a prohibited reason e.g  their sex, race, ethnicity, marital status, nationality or religion; e.g. if a female worker at a company is paid less than her male colleague for doing exactly the same job that would an example of direct sex discrimination. It may also allow the woman to bring a claim under the Equal Pay Act 1972.

Indirect discrimination occurs where the employer puts the employee at a disadvantage to their colleagues by imposing a policy or restriction that adversely impacts one particular group, e.g. if a company makes a rule that all men must be clean shaven then this may affect some religious groups. This kind of discrimination is unlawful, whether or not it is done on purpose, unless the employer can show that this discrimination was necessary for the business, e.g. if the men need to be clean shaven for hygiene reasons in food preparation.  In cases involving age discrimination, an employer has a defence open to it in if it can prove that the discriminatory action it took was justified.

If an employee is dismissed on discriminatory grounds then he or she may be able to bring a claim for unfair dismissal as well as discrimination.

An employee may also bring a claim for bullying or harassment on the above grounds. 

Discrimination, bullying and harassment are very complex subjects.  Please contact us on 0207 464 8433 for advice on yuor own particular situation.