Discrimination

Under the Equality Act 2010 (http://www.legislation.gov.uk/ukpga/2010/15/contents ), what is protected:

  • Gender/Sex
  • Race
  • Disability
  • Age
  • Religious Belief
  • Sexual Orientation
  • Gender reassignment
  • Marriage or civil partnership

In what ways can discrimination be identified:

It is often difficult to know if we have been discriminated against.  Very often there is no obvious ‘incident’ that is discriminatory in language.  However, often through circumstance, mixture of communication, emails/conversation/absence of communication, it is possible to feel discriminated against and evidence the issues.

What are the different types of discrimination:

Direct – less favourable treatment that some without that protected characteristic (whether a real person or hypothetical)

Indirect – when a provision, criterion or practice is applied to everyone in the same way but adversely effects one particular group more than another

Harassment – unwanted conduct to that violates the other’s dignity or creates a hostile or offensive environment

Victimisation – treating the person to e detriment because they have brought a claim/complaint of discrimination or supported someone who has brought a claim/complaint

In Disability Discrimination cases there are additional forms of discrimination:

Discrimination arising from disability – Being treated unfavourably because of something arising from the disability and cannot show that that treatment is a proportionate means to achieving a legitimate aim

Failure to make reasonable adjustments – An employer is under a duty to make reasonable adjustments for a person that is disabled within the meaning of the Act.  Failure to do so, would give rise to this claim.