Are you being discriminated against at work?
Suffering discrimination at work can be very upsetting, as well as having a negative impact on your career prospects.
What counts as discrimination at work?
A claim of discrimination can be brought to the employment tribunal if the reason for this discrimination is related to a “protected characteristic.” The protected characteristics as described by the Equality Act 2010 are summarised below:
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Age
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Gender reassignment
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Marriage and civil partnership
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Religion or belief
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Sex
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Sexual orientation
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Disability
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Pregnancy and maternity
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Race
Discrimination can be direct or indirect.
Direct discrimination means you are treated less favourably than another employee (real or hypothetical) due to your protected characteristic.
Indirect discrimination applies to all the above categories with the exception of pregnancy and maternity. If a provision, criterion, or practice (PCP) is applied that puts you at a disadvantage due to your protected characteristic it can be seen as indirect discrimination.
However, an employer may be able to show that applying the PCP is a reasonable way to achieve a legitimate aim.
You will have been victimised if you have been treated unfairly because:
- You brought legal proceedings under the Equality Act 2010
- You gave evidence or information in connection with proceedings under the Equality Act 2010
- You made an allegation that a person has contravened the Equality Act 2010
A typical example of being victimised is being subjected to disciplinary action after saying you have been discriminated against. Unlike unfair dismissal, a minimum period of employment is not required to make a claim for discrimination.
If you have a disability that is considered as such under the Equality Act, an employer must carry out reasonable adjustments by removing a substantial disadvantage that a provision, criterion or practice or physical feature may cause for you.
An example of an employer failing to do this might be failing to provide a chair with proper back support to an employee with a back condition.
How ELS Solicitors can help
Our solicitors are trained and experienced in all forms of employment law, including discrimination. If we think there are grounds for a claim under any of these categories, we will be able to advise you accordingly.