Discrimination Overview

DISCRIMINATION

WHAT IS DISCRIMINATION?

·      Treating a person unfairly because of who they are or because they possess certain characteristics 

·      Equality Act 2010 legally protects people from discrimination on the basis of protected characteristics. 

WHAT ARE PROTECTED CHARACTERISTICS?

§  Age

§  Disability

§  Gender reassignment

§  Marriage or civil partnership

§  Pregnancy and maternity leave

§  Race, including colour, nationality, ethnic or national origin

§  Religion and belief

§  Sex

§  Sexual orientation 

HOW CAN YOU BE DISCRIMINATED AGAINST?

(1)  Direct discrimination 

§  Treating a person less favourably because of a protected characteristic

§  For example: ‘If A discriminated against B, is because of a protected characteristic, A treats B less favourable than A treats or would treat others.’

(2)  Indirect discrimination 

§  Treating a person exactly the same but the effect is to disadvantage someone because of a protected characteristic 

§  For example: ‘A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B’s’

§  Homer v Chief Constable of West Yorkshire [2012] Lady Hale explained that “the law of indirect discrimination is an attempt to level the playing field by subjecting to scrutiny requirements which look neutral on their face but in reality, work to the comparative disadvantage of people with a particular protected characteristic.”    

(3)  Harassment

§  Unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates an offensive environment for them

(4)  Victimisation 

§  Treating someone unfairly because they’ve complained about discrimination or harassment

DISCRIMINATION AT WORK

§  You are protected against discrimination at work

§  This includes:

-       Dismissals

-       Pay and benefits

-       Redundancy

-       Training

-       Promotion

-       Terms and Conditions

-       Recruitment processes 

§  If the unlawful treatment took place after October 2010 you may make a complaint under The Equality Act 2010