What does the law say?
- Protected characteristics
The Equality Act identifies 9 ‘protected characteristics’ -
- Race
- Disability
- Age
- Gender reassignment
- Sexual orientation
- Gender
- Marriage and civil partnerships
- Pregnancy
- Religion or belief
So if you feel you have been treated differently or unfairly for one of these reasons then you may have a claim.
- Direct discrimination
Direct discrimination is when someone is treated less favourably than another person ‘because of’ their protected characteristic they have or are thought to have.
- Indirect discrimination
Indirect discrimination isn’t underhand or sneaky discrimination; it has a very specific definition in law – it is about applying a provision, criteria or practice (PCP) that applies to all but particularly disadvantages people who share a protected characteristic. Indirect discrimination can be objectively justified.
- Discrimination arising from a disability
This is relatively new as it was introduced under the Equality Act, which says that treatment of a disabled person amounts to discrimination where:
- An employer treats the disabled person unfavourably;
- This treatment is because of something arising in consequence of the disabled person’s disability; and
- The employer cannot show that this treatment is a proportionate means of achieving a legitimate aim,
- Unless the employer does not know, and could not reasonably be expected to know, that the person has the disability.
- Harassment
There are 3 types of harassment :
A) General harassment – Unwanted conduct related to a relevant protected characteristic which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual
B) Conduct of a Sexual Nature – where A engages in unwanted conduct of a sexual nature and the conduct has the purpose or effect of violating B
C) Rejection of or submission to conduct of a sexual nature – where A or another person engages in unwanted conduct of a sexual nature (or is related to gender reassignment or sex) and the conduct has either the purpose or effect of violating B and because of B’s rejection or submission to the conduct A treats B less favourably than A would treat B if B had not rejected or submitted to the conduct
- Victimisation
Victimisation occurs when someone is treated badly as a result of:
- Making a complaint or supporting a complaint under the Equality Act
- Raised a grievance or supported a grievance under the Equality Act or
- They are suspected of doing so