Discrimination
Workplace discrimination is unlawful and can expose an employer to Employment Tribunal claims and significant legal risk.
It is vital that you understand the different forms of discrimination, how to prevent discriminatory treatment, and how to respond effectively to complaints.
What is Discrimination?
Under UK law, it is unlawful to treat someone less favourably because of a protected characteristic, or to apply policies that disadvantage people with a protected characteristic, unless it can be objectively justified.
An Employment Tribunal will examine whether:
-
treatment was unfair, and
-
a causal link exists between treatment and a protected characteristic
Discrimination can occur in all aspects of employment, including recruitment, promotion, pay, training, dismissal and workplace policies.
What are Protected Characteristics?
The Equality Act 2010 (EqA 2010) identifies the following protected characteristics:
-
Age
-
Sex
-
Race (including colour, nationality, ethnic or national origin)
-
Religion or belief
-
Disability
-
Pregnancy and maternity
-
Marriage and civil partnership
-
Sexual orientation
-
Gender reassignment
Employers must not discriminate against anyone because of any of these characteristics.
What Types of Discrimination Are There?
Direct Discrimination
This occurs where an employee is treated less favourably than others because of a protected characteristic.
Examples:
-
rejecting a job applicant because of their age
-
refusing reasonable adjustments for a disabled employee without justification
Direct discrimination claims do not require evidence of intention; the focus is on the effect of the treatment.
Indirect Discrimination
This occurs where a provision, criterion, or practice disadvantages people with a protected characteristic and is not justified as a proportionate means of achieving a legitimate aim.
Example:
-
a requirement that all staff work full-time, which disproportionately affects women returning from maternity leave, without considering alternative arrangements
To defend indirect discrimination, you must show the measure is objectively justified.
Harassment
Harassment is unwanted conduct related to a protected characteristic that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Examples:
-
unwanted jokes about a protected group
-
derogatory comments or slurs
-
offensive material in the workplace
You may be held vicariously liable for harassment by staff unless you can show reasonable steps were taken to prevent such behaviour.
Victimisation
Victimisation occurs when someone is treated badly because they have:
-
made a discrimination complaint
-
supported someone else's complaint
-
given evidence in relation to a complaint
You should protect workers from victimisation during and after grievances that relate to any of the above, or Tribunal processes.
What Responsibilities Does an Employer Have?
Preventing Discrimination
You should ensure:
-
you maintain and communicate a robust equality and diversity policy
-
you provide training for managers and staff
-
you ensure recruitment and promotion processes are fair and evidence-based
-
you monitor workplace diversity and address disparities
A culture of respect and inclusion will reduce legal risk and improve morale.
Responding to Complaints
When an employee raises a discrimination concern, you should:
-
Acknowledge the complaint promptly
-
Investigate thoroughly and impartially
-
Offer opportunities for the employee to be accompanied
-
Document all steps taken and outcomes
-
Provide clear written explanations
Failing to investigate complaints properly can lead to additional claims, including constructive dismissal.
What are Reasonable Adjustments?
Employers have a specific duty to make reasonable adjustments for disabled employees where employment provisions, practices or physical features put them at a disadvantage.
Adjustments can include:
-
modifying working hours
-
the provision of specialist equipment
-
altering how duties are allocated
Failure to make reasonable adjustments can result in discrimination claims.
What are the Consequences of Unlawful Discrimination in the Workplace?
If discrimination occurs, employees may bring claims to the Employment Tribunal, seeking:
-
compensation for financial loss
-
injury to feelings awards
-
injunctions or reinstatement in rare cases
There is no cap on awards in some discrimination cases, and the tribunal will consider factors including harm, loss of earnings and impact on dignity.
How We Can Help
Employment discrimination law is complex and fact-sensitive.
Early advice from our team may help you:
-
with reviewing and updating policies for legal compliance
-
handling discrimination complaints appropriately
-
defending discrimination claims in the Employment Tribunal
-
training managers to reduce future risk
Our Team regularly advises employers on all aspects of discrimination law and practical risk prevention. Taking advice early on is essential.
Making the cost of expert employment law advice predictable, affordable and essential to your business.
ENHANCE is our unique, industry-leading employment law service just for employers. Employment law is fast-paced and constantly changing. We have created ENHANCE to protect your business from the risks of employee disputes and litigation, and to help you successfully navigate your business through the minefield of employment law.
CONTACT US
For enquiries, legal advice, or case evaluations, feel free to reach out to us anytime. Fill out the form below and a member of the team will be in touch as soon as possible.