What is discrimination in the workplace?
There are nine categories of individual who are protected from unlawful discrimination under the Equality Act 2010. These are called “protected characteristics”.
What are the protected characteristics?
• Disability;
• Race or ethnic origin;
• Religion or Belief;
• Gender;
• Pregnancy and/or maternity;
• Sexual Orientation;
• Marriage & Civil Partnership;
• Age;
• Gender Reassignment.
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What is Discrimination?
There are a number of different types of discrimination that are unlawful under the Equality Act.
Direct Discrimination
Direct discrimination is where someone is treated less favourably because they possess one of the protected characteristics. An example would be refusing to hire a candidate because they are gay.
Indirect Discrimination
Indirect discrimination is sometimes harder to recognise and is where a “provision, criterion or practice” (“PCP”) in the workplace has a disproportionate negative impact on a group of individuals who share a protected characteristic. If an employer cannot show objective justification for the PCP, this will amount to unlawful discrimination. This could mean, for example, having a dress code policy that prevents employees from wearing their usual religious dress.
Harassment
Harassment occurs if there is unwanted conduct which is “related to” a protected characteristic. It occurs when an individual engages in unwanted conduct which has the purpose or effect of either violating someone’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. This could include making unwanted sexual advances towards a fellow colleague, or forms of “banter” that are based on a protected characteristic.
Victimisation
Victimisation for the purposes of the law is where an employee is subjected to a detriment because they have done, or may do, a “protected act”. A protected act can be bringing proceedings or giving evidence or information in relation to proceedings under the Equality Act, alleging that they (or someone else) has been discriminated against, or doing anything else for the purpose of or in connection with the Act. An example would be an employee that raises a grievance alleging that they have been racially harassed, who is then given less favourable job duties at work.
Failure to Make Reasonable Adjustments
There is also a duty on employers to make reasonable adjustments in the workplace for disabled employees and job applicants. The duty can arise if a disabled person is placed at a substantial disadvantage.. An example would be an employee with epilepsy who has to work under fluorescent lighting when this could cause seizures. A reasonable adjustment could mean changing the form of lighting in the office.
Compensation for discrimination
An employee who succeeds in a discrimination claim against their employer may be awarded compensation for loss of earnings if they have had to leave their job and also an award for “injury to feelings”. There is no maximum limit on compensation that can be claimed for discrimination and a claim can have a serious impact of a business.
How can we prevent discrimination in the workplace?
There are many steps you can take to prevent discrimination in your workplace. Simple but effective changes include:
- Make sure you have a clear understanding of your responsibilities in this area as an employer and ensure all managers within the business know their obligations and the risks to the business.
- It is essential to make sure that your employees are made aware of their rights and responsibilities on this topic. We can put on equality and diversity training for you so that all employees know how to prevent and deal with discrimination in the workplace.
- Ensure your workers know how to raise any concerns about discrimination by having ready access to grievance procedures.
- Have procedures in place to address these problems effectively and efficiently.
- Regularly update your staff handbook in line with any changes in the law.
- Have a properly drafted equality and anti discrimination policy in place.
Upcoming Events & HR Training for Employers
As experienced HR Advisors and Employment Law solicitors we see first-hand how HR issues can affect both the employee and the employer.
Our training is very well received by attendees and is delivered by lawyers and HR advisors, with combined knowledge and expertise, in a practical way which works for your business.
Bhayani Law clients and charities get discounts on our training and some of our training is available at discounted rates with public funding between 40-100%.
Our events allow you to meet other businesses and build your connections, so do book if you want to come along.
October Meet-Up and Networking: Employment Rights
Mums in Leadership For this month’s Mums in Leadership networking event we will be joined by Jay Bhayani, who will...
- 11:00am - 12:30pm
- October 3
Navigating Labour’s New Deal for Working People
About us We are an independent employment law firm established in 2014 to provide expert professional advice to help businesses...
- 11.00am - 12.30 pm
- June 18
Sexual Harassment Training – Half Day (Aimed at Line Managers and Leaders)
In October 2024, there will be a significant change in the law which puts thee responsibility on employers to prevent...
- 9:00am-12:00pm
- October 8
Equality, Diversity, and Inclusion Online Workshop – Extended Version Covering Sexual Harassment
The workshop is designed to be an interactive and informative session to equip all employees from junior members of staff,...
- 9:00am-12:00pm
- October 29
October Meet-Up and Networking: Employment Rights
Mums in Leadership For this month’s Mums in Leadership networking event we will be joined by Jay Bhayani, who will...
- 11:00am - 12:30pm
- October 3
Navigating Labour’s New Deal for Working People
About us We are an independent employment law firm established in 2014 to provide expert professional advice to help businesses...
- 11.00am - 12.30 pm
- June 18
Sexual Harassment Training – Half Day (Aimed at Line Managers and Leaders)
In October 2024, there will be a significant change in the law which puts thee responsibility on employers to prevent...
- 9:00am-12:00pm
- October 8
Equality, Diversity, and Inclusion Online Workshop – Extended Version Covering Sexual Harassment
The workshop is designed to be an interactive and informative session to equip all employees from junior members of staff,...
- 9:00am-12:00pm
- October 29
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