Discrimination
Equal opportunities law ensures that people are to be recruited and employed based on their skills and qualifications. Promotion should be given to employees based on how they perform in their position, and the skills they have to do their job.
The Equality Act 2010 provides for certain protected characteristics:
- Age
- Disability
- Gender Reassignment
- Marriage & Civil Partnership
- Pregnancy and Maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
Direct discrimination occurs when because of a protected characteristic one person (A) treats another (B) less favourably than A treats or would treat others.
Indirect discrimination occurs when one person (A) applies to another (B) a provision, criteria or practice which is discriminatory in relation to a relevant protected characteristic.
In the area of disability discrimination there is a duty on an employer to make reasonable adjustments.
Harassment occurs when a person (A) engages in unwanted conduct related to a relevant protected characteristic which has the purpose or effect of either violating the dignity of another (B) or creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
Victimisation occurs when a person (B) suffers a detriment caused by another (A) because B has for example, brought a claim or given evidence in relation to a claim under the Act.
We can advise about how best to avoid discriminating against employees and other workers in the workplace, or if as an employee you do feel you have been the victim of such treatment how best to raise it with your employer going forward.