My Employment Rights

Types of Dscrimination

There are various types of discrimination that apply in the UK at present. These include: sex, race, disability, sexual orientation, religious belief and age.

Sex discrimination is unlawful on the following grounds:

• gender (male or female);
• "gender reassignment"; (This covers: people who have lodged a formal intention with a medical practitioner to go through the process of changing sex; those who are undergoing the process of gender reassignment; and those who have undergone the process);
• pregnancy or maternity leave; or
• being married or being a civil partner.

Race discrimination is unlawful on the grounds of race, ethnic or national origin, colour or nationality.

Religious belief is unlawful on the grounds of "any religion or any religious or philosophical belief."

Sexual Orientation is unlawful on the grounds of:

• orientation towards persons of the same sex (lesbians and gay men);
• orientation towards persons of the opposite sex (heterosexual);
• orientation towards persons of the same sex and the opposite sex (bisexual).

Age covers all workers, no matter what age they are.

We also have a Disbaility Discrimination Guide available.

Unlawful Acts

Broadly the same principles apply in relation to each. It is unlawful to discriminate in the following ways:

• Direct discrimination - occurs where, for a discriminatory reason, a person is treated less favourably than another person was treated, or would have been treated, in circumstances which were the same or hardly any different. (Direct age discrimination can be justified on legitimate business grounds);

• Indirect Discrimination occurs where an employer applies a provision, criterion or practice to everyone, which puts, or would put, people in a particular group at a disadvantage in comparison to others; puts a particular individual at a disadvantage; and cannot be legitimately justified;

• Harassment occurs where a person is subjected to unwanted conduct on discriminatory grounds which has the purpose (intentionally) or effect (unintentionally) of violating that person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive working environment. Where no intent to offend can be established, the unwanted conduct will only be regarded as having the "effect" of violating a person's dignity, or, creating an intimidating, hostile, degrading, humiliating or offensive environment, if that could be regarded as a reasonable when taking all the circumstances into account, including, in particular, the perception of the person who has been harassed;

• Victimisation occurs where a person is treated less favourably because he or she carried out a protected act: ie (i) has alleged that discrimination has taken place; (ii) has presented a claim to an employment tribunal; or, (iii) has acted as a witness in a discrimination case. In victimisation cases the difference in treatment is compared with another person, actual or hypothetical, who has not committed a protected act.

Once a potential act of discrimination has been highlighted by an employee, it is up to the employer to demonstrate that they have not discriminated and that there is a non-discriminatory basis for the particular act. Often this can be hard for employers to prove.

Complaints to an Employment Tribunal

A claim for unlawful discrimination can be made by an individual to an employment tribunal with 3 months of the act complained of.

Claims can be brought outside of this time limit, if it can be shown that it is "just and equitable to do so".

If a tribunal is satisfied that discrimination has taken place it can:

• make a declaration to that effect;
• make recommendations to the employer; and
• make an award of compensation.

Compensation for discrimination can be awarded as follows:

• Economic Loss - Loss suffered as a result, say, of the employee having been dismissed. This will be calculated based on lost earnings to the point where alternative employment is obtained and any ongoing losses thereafter;
• Injury to feelings - Where the employee can demonstrate such an injury, suffered as a result of the treatment received, compensation can be awarded. This can be between £500 and £25,000 depending on the severity;
• Aggravated Damages - where the action of the employer in its actions and conduct of the defence of the claim is such that additional damages are justified.

There is no overall cap on the amount of damages that can be awarded.