Being discriminated against at work can make life very difficult. It can result in an employee feeling demotivated, anxious and isolated.
Sometimes, workplace discrimination can make an employee leave their job, putting that individual under financial strain.
If you think you are being discriminated against at work, it can be difficult to raise the issue and many people do not know what to do for the best.
However, the law protects you against discrimination by an employer. If you think you are being treated unfairly for certain reasons, you may have a discrimination case.
In this blog, our specialist Employment Law Solicitors answer some frequently asked questions about workplace discrimination.
What is employment discrimination?
Employment discrimination is when someone is treated less favourably at work because of certain ‘protected characteristics’.
What law protects against employment discrimination?
The Equality Act 2010 protects individuals against workplace discrimination in England and Wales.
Under the Equality Act, it is against the law for an employer to discriminate against anyone because of nine ‘protected characteristics’.
These are:
- Age.
- Sex.
- Sexual orientation.
- Religion or belief.
- Race including colour, nationality, ethnic or national origin.
- Disability.
- Being pregnant or on maternity leave.
- Being married or in a civil partnership.
- Gender reassignment.
If you have been treated unfairly because of any of these characteristics, it may be discrimination.
What are some examples of employment discrimination?
The Equality Act 2010 recognises the following main types of discrimination:
- Direct discrimination. This is when someone is treated less favourably at work because of a protected characteristic, such as an employer refusing to hire someone because they are disabled.
- Indirect discrimination. This is when an employer treats everyone the same but their actions put someone with a protected characteristic at a disadvantage. For example, a company introducing a policy that all staff must work on a Sunday, even if this runs contrary to a person’s religious beliefs.
- Harassment. This is defined as ‘unwanted or offensive behaviour related to a protected characteristic’, such as sexual harassment or spreading malicious rumours about a colleague.
- Victimisation. This is when someone is subjected to unfair treatment because they are involved in a discrimination or harassment complaint. An example might be excluding someone from meetings or giving them a heavier workload.
- Failure to make reasonable adjustments. It may be considered discriminatory if an employer fails to provide reasonable adjustments to accommodate the needs of a disabled individual, such as adapting their workspace or providing assistive technology.
The law protects employees against discrimination at work in various areas, including in relation to:
- Dismissal.
- Employment terms and conditions.
- Pay and benefits.
- Promotion and transfer opportunities.
- Training.
- Recruitment.
- Redundancy.
How do you make an employment discrimination claim?
If you believe you are being discriminated against at work, you should:
Stage one: Seek legal advice.
If you think you are being treated unfairly at work, seeking prompt advice from a specialist employment law solicitor with experience in discrimination claims is vital.
At Beverley Morris & Co. Solicitors, our employment lawyers in Blackheath help individuals across the South East and beyond with their workplace discrimination claim, including discrimination based on age, race, religion or sexual orientation.
We can guide you through what the process involves, providing tailored legal advice and support at every stage.
To speak to one of our employment law specialists in Blackheath, please call 020 8852 4433 or email huw@beverleymorris.co.uk.
Stage two: Keep a record.
If you believe you are being discriminated against, it can be helpful to keep a diary or notes about what has happened. These should include the names of the parties involved, the dates the discrimination occurred, and what it involved.
Stage three: Advise your employer.
You should discuss the issue with your employer. If things aren’t resolved, inform them in writing that you plan to take further action.
Stage four: Contact Acas.
If talking to your employer doesn’t resolve the issue, reach out to Acas. They offer early conciliation services to help resolve disputes before they escalate.
Stage five: Employment Tribunal.
If Acas can’t resolve your case, you’ll receive a certificate to take your claim to an Employment Tribunal.
Read more about what you can expect at an Employment Tribunal in our previous blog by clicking here.
Employment Solicitors Blackheath
Employment is a complex area of law. Your rights are not always as straightforward as you might think, and disputes can arise between employers and employees for various reasons.
Employment rights usually have a short limitation period which is why it is important to seek prompt specialist legal advice when faced with an employment law issue.
At Beverley Morris & Co. Solicitors, our employment law solicitors will help you by reviewing the facts of your case and letting you know the options open to you, providing a route to resolve your employment dispute in the most efficient way possible with minimal effect on your professional life.
To speak to one of our employment law specialists in Blackheath, please call 020 8852 4433 or email huw@beverleymorris.co.uk.