Am I being discriminated against at work?
In the UK, everyone has the right to fair treatment at work. The Equality Act 2010 is the law that protects people from unfair treatment based on specific characteristics. If you feel that you’re being treated unfairly, this guide will help you understand what discrimination is, the different types of discrimination, and what you can do about it.
The Equality Act 2010 applies across England, Scotland, and Wales, protecting people in areas like work, education, and public services. For workplaces, it provides protections for employees, agency workers, job applicants, and even contract workers.
At its core, the Equality Act 2010 outlines nine “protected characteristics”. These are categories that define aspects of a person’s identity. Discrimination happens when someone is treated unfairly because of one (or more) of these characteristics.
The 9 protected characteristics
Let’s take a closer look at each of these protected characteristics:
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Age – Protects people from discrimination based on age. This can apply to younger and older workers alike. For instance, an employer cannot refuse to hire you simply because they believe you’re “too old” or “too young” for a role.
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Disability – Protects individuals with physical or mental impairments that have a significant impact on their daily lives. Employers are required to make reasonable adjustments to support disabled employees.
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Gender Reassignment – Protects people who are undergoing, have undergone, or plan to undergo a gender reassignment process. This characteristic ensures that trans individuals are not treated unfairly in the workplace.
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Marriage and Civil Partnership – Protects people who are married or in a civil partnership. This protection is more limited than other characteristics, as it mainly applies to direct discrimination or victimisation.
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Pregnancy and Maternity – Protects pregnant employees and those on maternity leave. This characteristic prevents unfair treatment or dismissal due to pregnancy or motherhood.
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Race – Protects people against unfair treatment based on race, nationality, ethnic origin, or skin colour. Employers cannot discriminate in hiring, promotions, or pay based on someone’s racial background.
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Religion or Belief – Protects people with specific religious beliefs or philosophical views, as well as those with no religion at all.
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Sex – Protects both men and women from discrimination. For instance, an employer cannot favour male employees over female employees for promotions simply based on their gender.
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Sexual Orientation – Protects individuals based on their sexual orientation, including heterosexual, gay, lesbian, and bisexual individuals.
These protected characteristics aim to prevent unfair treatment based on personal attributes or life choices.
Types of discrimination in the workplace
The Equality Act 2010 defines several types of discrimination, each with specific characteristics. Understanding these types can help you identify unfair treatment and know how to respond.
Direct Discrimination
Direct discrimination occurs when someone is treated unfairly because of one of the nine protected characteristics. For instance, if an employer refuses to promote someone due to their age, this is a form of direct discrimination.
Example: A young employee may be denied a senior role despite meeting all qualifications, solely because the employer thinks they’re “too young” for the job.
Indirect Discrimination
Indirect discrimination happens when a rule, policy, or practice applies to everyone in the workplace but has a disproportionate negative impact on people with a certain protected characteristic.
Example: A company’s dress code requiring all employees to be clean-shaven could indirectly discriminate against men of certain religions who grow beards as part of their faith.
For a claim of indirect discrimination to succeed, it must be shown that the policy, although neutral on the surface, places individuals with a particular protected characteristic at a disadvantage.
Harassment
Harassment is unwanted behaviour related to a protected characteristic that creates a hostile, intimidating, degrading, or offensive environment. Harassment can include bullying, name-calling, or inappropriate jokes.
Example: Making fun of a colleague’s accent or cultural background would likely be considered racial harassment under the Equality Act 2010.
Victimisation
Victimisation occurs when someone is treated unfairly because they’ve made a complaint or supported someone else’s complaint about discrimination. Employers cannot retaliate against employees who have raised concerns about discrimination.
Example: If an employee who reported harassment is denied a promotion because of their complaint, this could be considered victimisation.
Duty to Make Adjustments for Disabled People
The Equality Act 2010 places a duty on employers to make reasonable adjustments to support disabled employees. Reasonable adjustments might include physical changes to the workplace, flexible work hours, or providing additional support and equipment.
Example: A person who uses a wheelchair might need accessible facilities, like ramps or modified workstations. If the employer refuses to provide these without a good reason, this could be discrimination.
What steps can you take if you experience discrimination?
If you think you’re experiencing discrimination, consider these steps:
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Document everything: Keep records of any incidents, emails, or messages that support your claim.
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Speak with HR: Try to address the issue internally first by speaking with your manager or HR department. If informal discussions do not work you could consider raising a formal grievance.
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Seek legal advice: You may want to consult an employment solicitor or a local advice centre, like Citizens Advice, to discuss your options.
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Submit a tribunal claim: If you can’t resolve the issue internally, you might consider submitting a claim to an employment tribunal. Be aware that strict deadlines apply, typically three months from the last act of discrimination.
Proving discrimination at a tribunal
If you believe you’ve been discriminated against and cannot resolve the issue with your employer, you may consider taking your case to an employment tribunal. The tribunal process requires you to present evidence that demonstrates discrimination based on a protected characteristic.
What Needs to Be Proved?
For a tribunal to rule in your favour, you’ll need to show that you’ve been treated unfairly and that this treatment is related to a protected characteristic. To make your case, you should gather evidence, such as emails, witness statements, or details of events.
Comparators and How to Use Them
A comparator is someone who does not share your protected characteristic but is in a similar situation as you. Using a comparator can help show how you were treated differently.
Example: If you were not offered a promotion and believe it’s because of your age, you might compare yourself to a younger colleague with similar qualifications who was promoted. This comparison can support your claim of age discrimination.
In some cases, you might not find a direct comparator. Here, you could present hypothetical evidence, suggesting how you think a person without your characteristic might have been treated differently in the same situation.
How might an employer defend against discrimination?
In cases of indirect discrimination it is a legitimate defence for the employer to show their policy or rule as being a “proportionate means of achieving a legitimate aim”. It’s important to note that this defence can only be used in indirect discrimination cases or direct discrimination cases where the protected characteristic is age. A “legitimate aim” means that the employer must have a good reason or purpose for the discrimination, and “proportionate means” makes it clear there must be a fair balance between the discrimination and the purpose for it.
Example: A food production facility might have a rule that all employees must be clean shaven, for health and hygiene reasons. An orthodox Sikh may say this is discrimination based on their religious beliefs, which says men should grow beards and wear turbans. If the employer can show that there was no viable alternative (for example, hair nets) and the rule is paramount to the business, the defence could succeed.
Conclusion: Standing up for your rights
The Equality Act 2010 is there to ensure everyone is treated fairly in the workplace. By understanding the types of discrimination, what constitutes unfair treatment, and knowing your rights, you’re better equipped to stand up against discrimination. Remember, you don’t have to face discrimination alone; there are organisations and legal protections to support you every step of the way.
