Various kinds of discrimination are unlawful in the workplace. They include:-
- Race, nationality, origin, ethicist, ethnic origin an skin colour
- Maternity and pregnancy
- Marriage and civil partnership
- Gender orientation
- Sexual orientation
There are various kinds of discrimination.
- Direct discrimination – this is when an employee is being treated unfavourably at work by reason of discrimination
- Indirect discrimination – when an employee is put at a disadvantage by workplace practices because of their disability
An employer discriminates if he treats a person unfavourably because of something arising in consequence of the protected characteristic and cannot show that the treatment is a proportionate means of achieving a legitimate aim and he knew, or could reasonably have been expected to know, that the individual would have been disadvantaged.
- Victimisation – for example if individuals who assert their rights under The Equality Act 2010 are treated badly in retaliation. A person victimises someone else if he subjects that person to a detriment by reason of things that he has done or it is thought he might do under The Equality Act 2010.
- Unlawful harassment – where the conduct has the purpose of effecting or violating a person’s dignity or creating an environment that is intimidating, hostile, degrading, humiliating or offensive to the victim.
This is a complex area. For example, there is a crossover between disability and sickness leave. An employee who has a disability may need time off work and this can result in him being warned or disciplined. In some cases that can be discriminatory.
For an initial discussion about how we can assist you organisation it address any of the above an other employment law issues, please contact any of our offices or send us a message using the contact form on the right of this page and we will get back to you as soon as possible.
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