Discrimination

  1. Discrimination

If you are a worker, you are protected from being treated less favourably on the basis of specific protected characteristics.

You can potentially bring a claim against the person subjecting you to the discrimination who may be an agent or employee of the employer, as well as the employer.

You law prohibits you being unlawfully discriminated against on the basis of your:

  • Age
  • Disability
  • Gender reassignment
  • Marriage & Civil Partnership
  • Race
  • Religion or Belief
  • Sex
  • Sexual Orientation

If you believe you have been discriminated against, harassed and treated less favourably on the grounds of one of the protected characteristics you may have a claim.

Discrimination can be direct, indirect or associative.

Direct discrimination is where you are treated less favourably because of the protected characteristic. You would need to show you were treated less favourably in comparison to an actual or hypothetical comparator.

Indirect discrimination is where a provision, criterion or practice does not target a protected characteristic directly but results in less favourable treatment to a person with one or more of the protected characteristics.

Disability

Persons with a disability have a number of protections available to them to ensure they are not disadvantaged in the workplace in addition to the protection under Direct or Indirect Discrimination.

If you have a disability you have the right to ask for reasonable adjustments to enable you to access your workplace and overcome any barriers which stop you from working or make this more difficult for you.

You are also protected from discrimination arising from disability. This would possibly apply where the less favourable treatment would not directly be because of your disability but as a result of less favourable treatment as a consequence of your disability.

For example, if you had a disability which resulted in you not being able to work as quickly as expected, and this resulted in you being subjected to a capability procedure, this could potentially be discrimination arising from disability and indirect discrimination also.
Any failure to amend your performance target could be considered as a failure to make reasonable adjustments.


Pregnancy and Maternity Discrimination

Pregnancy & Maternity is an aspect of Sex discrimination but has specific protection under the law during the protected period for which no comparator is required.

If you are pregnant (or your employer believes you to be) or you have had a baby, you are entitled to specific protection during your protected period.

You have rights which not only cover direct or indirect discrimination, but extend to protect during any redundancy consultations, dismissal and rights to time off.


Harassment 

Harassment is defined as unwanted conduct based on a protected characteristic which has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

The protected characteristics are:

Age

Disability

Gender Reassignment

Race

Religion or Belief

Sex

Sexual Orientation

If the unwanted conduct is of a sexual nature, or you are treated less favourably for rejecting or submitting to such conduct, you would potentially have a claim.


Victimisation 

If you complain of an allegation of discrimination or harassment this is a protected act.
The law protects you from a detriment on the grounds that you have complained, or another believes you have or may complain.

If you make an allegation that your rights have been contravened under the Equality Act 2010, complain to the Court/Tribunal of this, give evidence, or do anything else connected to or for the purpose of the Equality Act 2010, you are protected from any detriments.

Time Limits run from the act and are enforced strictly. If you believe you have been discriminated in any of the above grounds, please contact us to discuss and take action urgently as any delay could mean you are out of time to claim.

We can offer individually tailored payment options which include fixed fee, DBA’s no win no fee and other payment options.

Please contact us for further information and a consultation with one of our experienced Discrimination solicitors.