An employee has the right not to be discriminated against in their employment.

It is currently unlawful to discriminate against a person on the grounds of their:

• Sex
• Race
• Disability
• Sexual Orientation
• Religious Belief
• Age

Sex Discrimination

The Sex Discrimination Act 1975 (SDA) makes it unlawful to discriminate against a person on the grounds of their sex or marital status.  The Act applies both to the treatment of men and women (with the exception of the protection that is afforded to women in relation to pregnancy or childbirth – see Pregnancy related dismissals).

Race Discrimination

The Race Relations Act 1976 (RRA) makes it unlawful to discriminate on the grounds of race, which also includes ethnic origin.

Disability Discrimination

The Disability Discrimination Act 1995 (DDA) makes it unlawful to discriminate against a person on the grounds of their disability.  It should be noted that the DDA has its own definition of disability and this can include any impairment that is ‘long term and substantial and adverse effect on a person’s ability to carry out his normal day to day activities’.

Sexual Orientation

The Employment Equality (Sexual Orientation) Regulations 2003 came into force on 1 December 2003 and make it unlawful to discriminate against a person on the grounds of sexual orientation.

Religious Belief

Employees are protected against discrimination on the grounds of their religion or belief.  

Age Discrimination

The Employment Equality (Age) Regulations 2006 came into force on 1 October 2006 and make it unlawful to discriminate against a person on the grounds of their age.  All aspects of employment (and prospective employment) are covered, such as recruitment, terms and conditions, promotions, training and dismissals.

There are four key ways in which a person can be discriminated against: -

1. Direct discrimination
2. Indirect discrimination
3. Victimisation
4. Harassment

Direct Discrimination

The ET would consider two elements in deciding whether direct discrimination has occurred: -

1. Whether there is less favourable treatment
2. The reason for that treatment

Any complaint to an employment tribunal must be made within three months of the act of discrimination complained of.

It is not enough to show merely that people have been treated differently.  The ET will look at the treatment itself, rather than the consequences of the treatment to determine whether there has been less favourable treatment that could amount to discrimination.

It is for an employee to show that they have been treated less favourably and once this is established, the ET will go on to consider the reason for the less favourable treatment.

Once an employee has shown that there was less favourable treatment, the employer must then show that the reason for the treatment was not on an unlawful ground.

Indirect Discrimination

Indirect discrimination occurs where all employees are treated the same, but the effect of that treatment will create a discriminatory effect.  For example, a requirement that all employees must be at least 6 foot tall, would discriminate against women as it is likely that more men would be able to comply with that requirement.

Victimisation

Victimisation occurs when an employee has committed what is known as a ‘protected act’ and is then victimised by their employer as a result of this.

For purposes of discrimination law, the following are deemed to be protected acts:-

1. Those who have brought proceedings under the Acts;
2. Those who have given evidence in such proceedings;
3. Those who have done anything else with reference to the Acts;
4. Those who have alleged that a person has committed an act which would be unlawful under the Acts.

As with the discrimination laws themselves, a person is protected from being subject to less favourable treatment.

Harassment

Unlawful harassment occurs when (on the grounds of one of the forms of discrimination), the harasser engages in unwanted conduct which has the effect of:-

1. Violating a person’s dignity
2. Creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.

Whilst the ET will take into account the perception of the person that has been harassed, the conduct must also be capable of being reasonably considered to have the unwanted effect.

If you have any queries or would like any further information on any of the above areas of discrimination, please contact us.