WORKPLACE DISCRIMINATION

3

Being subject to discrimination can be bewildering, confusing and, put simply, very damaging professionally and personally.

Discrimination can come in many different forms which are not always immediately clear. If you believe you are being subject to discrimination, you should raise a grievance and can, if necessary, pursue a claim to an Employment Tribunal. Don’t delay in contacting us as this is one of our areas of specialism.

A person is subject to discrimination due to a “protected characteristic”. A protected characteristic includes sex, pregnancy and maternity, marriage and civil partnership, sexual orientation, age, disability, race, religion and belief and gender reassignment.

The disciplinary outcomes or sanctions can include :

R

Direct discrimination occurs when a person has been subject to less favourable treatment because of protected characteristic.

R

Discrimination by perception occurs when you are perceived to have a protected characteristic and as a result are subject to less favourable treatment because of the perceived characteristic.

R

Unfavourable treatment arising in consequence of your disability occurs when, for example, you are threatened with disciplinary action due to something which you cannot do or which is caused by your disability.

R

Harassment occurs when a person is subject to unwanted behaviour related to one of the protected characteristics which you find, amongst other things, offensive, intimidating, degrading or humiliating.

R

Associative discrimination occurs when you have been subject to less favourable treatment because of another person’s protected characteristic.

R

Indirect discrimination occurs when a “provision, criterion or practice” (rule, practice or policy) applies to all but which places you and anyone else with your protected characteristic at a substantial disadvantage.

R

Failure to make reasonable adjustments only applies to disability discrimination. In certain circumstances, an employer is under a legal duty to consider making reasonable adjustments to alleviate any disadvantage caused by a provision, criterion or practice which is in place.

R

Victimisation occurs when a person is treated badly or detrimentally because they have carried out a “protected act”. A protected act can include but is not limited to alleging discrimination and / or supporting someone’s else’s complaints of discrimination.

One special feature of a discrimination claim is that you can advance an Employment Tribunal before, during or after your employment has ended. Discrimination claims can be very complex and therefore if you believe you are being subject to discrimination we recommend you contact us immediately.