Discrimination means treating some people differently from others. It isn't always unlawful - after all, people are paid different wages depending on their status and skills. However, there are certain reasons for which your employer can't discriminate against you by law. Discrimination happens when an employer treats one employee less favourably than others. It could mean a female employee being paid less
than a male colleague for doing the same job, or an employee from a minority ethnic community being refused the training opportunities offered to other colleagues. There are specific laws against some types of discrimination (called 'unlawful discrimination'). If your employer treats you less favourably for an unlawful reason, you may be able to take action. If your employer treats you unfairly for any other reason, this is not unlawful discrimination. There are laws against
discrimination on the basis of your:
There are also laws which forbid workers from being dismissed or treated less favourably than other workers because they do:
Types of discriminationLegislation protects employees from discrimination of different types. Direct discriminationDirect discrimination happens when an employer treats an employee less favourably than someone else because of one of the above reasons. For example, it would be direct discrimination if a driving job was only open to male applicants. There are limited circumstances in which an employer might be able to make a case for a genuine occupational requirement for the job. For example, a Roman Catholic school may be able to restrict applications for a scripture teacher to baptised Catholics only. Indirect discriminationIndirect discrimination is when a working condition or rule disadvantages one group of people more than another. For example, saying that applicants for a job must be clean shaven puts members of some religious groups at a disadvantage. Indirect discrimination is unlawful, whether it is done on purpose or not. It is only allowed if it is necessary for the way the business works, and there is no other way of achieving it. For example, the condition that applicants must be clean shaven might be justified if the job involved handling food and it could be shown that having a beard or moustache was genuine hygiene risk. HarassmentYou have the right not to be harassed or made fun of at work or in a work-related setting (for example, an office party). Harassment means offensive or intimidating behaviour - sexist language or racial abuse, which aims to humiliate, undermine or injure its target or has that effect. For example, allowing displays or distribution of sexually explicit material or giving someone a potentially offensive nickname. VictimisationVictimisation means treating somebody less favourably than others because they tried to make, or made, a complaint about discrimination. For example, it could be preventing you from going on training courses, taking unfair disciplinary action against you, or excluding you from company social events. Being treated unfairly for other reasonsIf you are treated unfairly, but it is not for one of the reasons listed above, it may be that you are being bullied. Bullying should never be acceptable in or outside of the workplace.
If you are trying to take up your statutory rights and your employer treats you unfairly for this, you may be able to take legal action. For example, your employer is not entitled to mistreat you because you've asked to be paid the National Minimum or Living Wage. Other rights where you are protected from being mistreated because you have asked for them in good faith include:
Where you can get help about discriminationThe Labour Relations Agency (LRA) and Advice NI offer free, confidential and impartial advice on all employment rights issues. If you are a member of a trade union, you can get help, advice and support from them.
More useful links
When an employee is treated poorly because of a protected characteristic?Associative discrimination is when an employee is treated unfairly or poorly because they are close with someone who has a protected characteristic, as defined by the UK's Equality Act 2010.
In what way can an employee demonstrate commitment?In what ways can an employee demonstrate commitment? Come to work on time ready to work. Always work above and beyond. Think ahead when your work is complete do not sit around always find something else to do.
Why is it important for you as a teammate to behave professionally quizlet?Why is it important for you as a teammate to behave professionally? Select an answer: -Professionalism is tied to your salary and promotions. -Professionalism is tied to your personal brand and reputation.
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What are attributes of a person which Cannot be used as a basis for workplace action or treatment called?
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