Discrimination is a particularly complicated area of the law. Our aim is to provide advice, guidance and training on how to avoid claims by, for example, having proper policies in place. We can also provide representation at employment tribunals.
The Equality Act 2010 came into force on 1 October 2010 and is now the main law dealing with discrimination.
It is important to note that equality and anti-discrimination law applies whatever the size of the employer, whatever the sector it operates in and however many employees it has.
Who Is Protected?
The main grounds on which employees are protected as follows:
- Age
- Disability
- Race
- Religion or belief
- Sex
- Pregnancy and maternity
- Sexual orientation
- Marriage and civil partnership
- Gender reassignment
These are known as "protected characteristics."
What Are the Main Forms of Unlawful Discrimination?
The main kinds of unlawful discrimination are direct and indirect discrimination, victimisation and harassment.
Direct discrimination is treating one person less favourably than someone else because of a protected characteristic (for example, the person's sex).
Indirect discrimination is imposing the same conditions on all but with the result that one group is adversely affected more than another.
It is unlawful to victimise someone who has made a complaint about discrimination.
Harassment — that is, unwanted conduct that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for that person — is also unlawful.
Equal Pay
The Equality Act 2010 makes it unlawful for employers to discriminate between men and women where they are doing like work, work rated as equivalent or work which is of an equal value.
Disability
Individual employees who meet the definition of a "disabled person" under the Equality Act 2010 qualify for protection. Under the Act an employer is required not to discriminate against the disabled person for a reason related to his or her disability. Since October 2004 harassment on the grounds of disability has also been outlawed. Employers are under an obligation to make reasonable adjustments to their premises and procedures in order to avoid putting disabled persons at a substantial disadvantage.
