hello@kilgannonlaw.co.uk

Our team is ready to answer any questions

0800 915 7777

Book your consultation today

Examples of discrimination in the workplace

The Equality Act 2010 gives all employees the right to be treated fairly at work. That means you should not suffer discrimination in the workplace on grounds of age, race, sex, disability, sexual orientation, gender reassignment, pregnancy, religion, beliefs or whether you are in a marriage or civil partnership.


Under the Act, these personal attributes are designated as protected characteristics. It is usually against the law to treat someone less favourably than someone else or unfairly based on a protected characteristic.


Common examples of discrimination in the workplace include:

  • pay discrimination, e.g. when a woman is paid less than a man for doing a comparable job;
  • disability discrimination, e.g. if a workplace doesn’t have disabled facilities, making it impossible for someone with a disability to work there;
  • discrimination based on an employee’s sexuality, e.g. refusing to employ someone because they are gay.


However, discrimination can be a complex subject; it may not always be easy to identify.


Discrimination in the workplace does not have to be intentional or deliberate to breach your rights. It is also possible for you to be discriminated against directly and indirectly.


Direct discrimination

If you are someone with a protected characteristic, but you are treated less favourably because of that characteristic, this amounts to direct discrimination.


An example of this would be a situation in which an employee wasn’t offered a job or promotion because they’re a woman.


Indirect discrimination

Indirect discrimination occurs where there is a policy, rule or requirement at work that unjustifiably puts you and other people sharing your protected characteristic at a disadvantage compared to others. In other words, although you are treated the same as everyone else, you are put at a disadvantage or it has a negative effect on you.


An example of indirect discrimination is an employer stating that all employees must work on Saturdays – even those of the Jewish faith, for whom it is a religious day.


Other forms of discrimination in the workplace

Being treated unfairly because of your association with someone else who has a protected characteristic may also amount to discriminatory behaviour. For example, a heterosexual employee who does not receive a promotion because they socialise with gay colleagues. Likewise, if your employer treated you unfairly because they thought you were gay, even if you’re not, is a form of discrimination.


If you are discriminated against because you have provided your support to someone who has been, or is being, discriminated against, this counts as victimisation which is also unlawful.


Harassment

Although slightly different to discrimination, unwanted behaviour that causes offence, humiliation or can be construed as intimidating may amount to harassment.


Harassment includes rude jokes, comments about your appearance, sexual innuendos, or lewd comments communicated as gestures, in speech, or written words: including emails and social media posts.


What areas of your working life are protected?

You are protected from discrimination in all areas of your working life, including:


  • Recruitment
  • Training
  • Employment terms and conditions
  • Salary and benefits
  • Promotion, transfer and other advancement opportunities
  • Redundancy
  • Dismissal


What is not counted as discrimination in the workplace?

Discrimination law is not always straightforward. Sometimes you may be treated in a way that appears to be discriminatory but isn’t. This may be the case if your employer has good reason for their actions and can justify the perceived discrimination.


For example, in the case of a women’s refuge housing vulnerable women, it may be considered essential to only employ female workers.

There may also be occasions when it is lawful to discriminate against an individual due to a disability, but only if the employer can justify their actions on the grounds of health and safety or due to unavoidable business reasons.


However, as a disabled person, you do have the same rights as other workers. Your employer must make ‘reasonable adjustments’ to help you, where possible.


What you should do about discrimination in the workplace

There are various actions an employee can take if they believe they’ve been discriminated against at work. It’s best to start by raising the matter informally with your employer, manager or HR department. Issues can be resolved quickly this way: your employer may choose to change working conditions or to speak with the other involved parties.


If the matter cannot be resolved informally, you should raise it formally with your employer and follow their grievance procedure. The employer should then investigate the matter thoroughly.


If you are unhappy with the outcome, consider seeking legal advice. As specialist employment law experts, Springhouse Solicitors are well positioned to advise you on other steps you can take and whether you should make a claim in the Employment Tribunal for discrimination in the workplace.


Like to know more? Please get in touch with us today.



a woman is writing on a tablet while using a laptop .
By Matthew Kilgannon 20 Mar, 2024
Every April, the Government reviews and makes changes to employment laws, including a review of financial rates. Below we set out a summary of the proposed changes coming into effect in April and beyond.
a man in a wheelchair is sitting at a desk with a woman standing next to him .
By Marianne Wright 20 Feb, 2024
In the modern workplace, fostering a culture of inclusivity and ensuring equal treatment for all employees is a crucial aspect of employment law. Discrimination based on disabilities (which can include mental health conditions) is strictly prohibited in the United Kingdom. This article explores the legal framework in UK employment law that safeguards employees against discrimination and highlights the consequences faced by employers who fail to uphold these important principles.
a man is sitting at a desk in a dark room using a laptop computer. GDPR
By Emily Kidd 06 Feb, 2024
In an era of heightened data protection awareness and stringent regulations like the General Data Protection Regulation (GDPR), employees play a critical role in safeguarding personal data. This article explores the legal consequences that employees may face in the United Kingdom when implicated in data protection breaches at the workplace.
person holding up a mental health book and in a discussion
By Yeing-Lang Chong 22 Jan, 2024
In recognition of the importance of employee well-being, employers in the UK are increasingly implementing well-being initiatives to support the mental health and overall well-being of their workforce. These initiatives, which can include employee assistance programs (EAPs) and wellness programs, aim to provide support, resources, and interventions that enhance employee well-being. This article explores the legal framework surrounding well-being initiatives in UK employment law and highlights the benefits and considerations for employers when implementing such programs.
Female employee getting harassed at work by a colleague
By Marianne Wright 19 Jan, 2024
Creating a safe and respectful work environment is a fundamental aspect of UK employment law. This article explores the legal obligations placed on employers to address workplace harassment, highlighting the measures they should take to promote a culture of respect and protect their employees' mental health.
By Emily Kidd 04 Dec, 2023
In recent years, there has been increasing recognition of the importance of mental health in the workplace. Employment law acknowledges the sensitive nature of mental health disclosures and places obligations on employers to handle such disclosures with care, confidentiality, and without discrimination. This article explores the legal framework surrounding mental health disclosures in the workplace, emphasising the responsibilities employers have in safeguarding employee privacy and ensuring a supportive and inclusive environment.
By Emily Kidd 04 Dec, 2023
The General Data Protection Regulation (GDPR) revolutionised the way organisations handle personal data, and for Human Resources (HR) departments in the United Kingdom, compliance is paramount. This article provides a comprehensive exploration of best practices for HR to safeguard employee data and ensure GDPR compliance in the workplace.
Whistleblowing, Sexual Harassment and Gagging Clauses image
By Louise Maynard 09 Nov, 2023
On 23 October 2024, the new, positive duty to prevent sexual harassment in the workplace comes into force. The extent to which a non-disclosure agreement can prevent a worker disclosing sexual harassment will be under the limelight. In the employment context, the most common area for non-disclosure agreements is settlement agreements, under which an employee agrees to settle all claims in return for a compensation payment often where the employer has been unable to resolve a grievance including unlawful discrimination or sexual harassment.
Positive duty to prevent sexual harassment in the workplace
By Louise Maynard 03 Nov, 2023
On 26 October 2023, Parliament passed new legislation to amend the Equality Act 2010 to place a duty on employers to take reasonable steps to prevent sexual harassment of employees and workers during the course of their employment. The new duty comes into force on 26 October 2024.
What is a Deposit order in the Employment Tribunal?
By Louise Maynard 28 Aug, 2023
Employment tribunals are often reluctant to strike out cases at an early stage unless there is a compelling reason to do so. An alternative option for the Tribunal is to make a deposit order.
More Posts
Share by: