Discrimination

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Discrimination

Introduction to Discrimination

The general common law rule is that an employer is free to offer employment to whomsoever he chooses. However, this common law freedom has been restricted by statute under modern employment law, to create a level playing field and ensure staff are employed, promoted and trained based on their skills and ability at work, and not on other characteristics.

Discrimination may occur when an employer treats someone less favourably than others. The employer may be in breach of statutory requirements under current employment law if he discriminates against a person on the grounds of: 

• Sex or martial status;
• Gender reassignment;
• Race;
• Religion or belief;
• Sexual orientation;
• Trade union membership;
• Part-time work;
• Age;
• Disability;
• Fixed time work.

Types of Discrimination

Discrimination in itself is not unlawful; it must be accompanied by an act which is deemed illegal under current employment law. Unlawful discrimination against job applicants, present employees or former employees is prohibited.

If you are uncertain whether you are discriminating lawfully in your current recruitment processes, contact our solicitors in Leicester for clear guidance on how modern-day employment law reflects on the procedures you have in place.

Direct Discrimination

This is where the employee would have been treated differently – or more favourably – had it not been for one of the reasons listed above. The motive or intention behind the action is irrelevant, and there is no defence once direct discrimination has been proved.

Indirect Discrimination

Indirect discrimination occurs when there is equal treatment to everyone, but the effect of the provision imposed by the employer has an adverse impact disproportionately on one group. For example, a provision that no headwear is to be worn by employees may adversely affect a male Sikh employee.

Harassment

Everyone should be able to work in a harassment-free work environment. Harassment can occur in the following situations:

• Sex claims, two types -
  • sexual harassment: any unwanted conduct of a sexual nature,
  • sex-related harassment: any unwanted conduct that is related to the Employee’s sex, or that of another;
• Race/religion/sexual orientation -
  • any unwanted conduct that has the purpose or effect of violating the Employee’s dignity,
  • any unwanted conduct that creates an intimidating, hostile or humiliating environment for the Employee.

 Victimisation

Victimisation is an area of employment law that protects those who bring a claim of discrimination or other proceedings and, as a result, find they are being treated less favourably than others.

If you fit within one of the above categories, you must bring a claim within 3 months of the act of discrimination. Our solicitors in Leicester can help you to decide whether you want to make a claim – email info@ehlsolicitors.co.uk for more about our employment law services, or call 0800 999 8880.

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