Are you being discriminated against?

Discrimination in the most basic sense is being treated unfairly because of who you are. People in the UK are protected from discrimination by the Equality Act 2010. This means that the following entities cannot treat you unfairly because of who you are under the law:

• Employers
• Businesses that provide goods or services such as banks and shops.
• Hospitals and care homes
• Your landlord, estate agent or housing association.
• Education providers.
• Transport providers
• Public bodies.

There are nine characteristics that are protected from discrimination under
the Equality Act. Where discrimination occurs on the grounds of one of these
protected characteristics, it will be unlawful. We all have some of these
characteristics, such as age, sex or race meaning that the law protects all of us
from discrimination.

If you’re treated unfairly because someone believes you belong to a group of people with protected characteristics, this may also amount to unlawful discrimination.

What Characteristics are Protected?

The characteristics protected by the Equality Act 2010 are:

• age
• disability
• gender reassignment
• marriage or civil partnership (in employment only)
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation.

You are not only protected if you have one of these characteristics, but also The Act if people in your life such as family members or friends, have a protected characteristic and you are then treated unfairly because of that. This is a kind of discrimination known as discrimination by association.
For example, if you're employer discriminates against you because your son is gay.

Can I be treated badly if I complain about discrimination?

If you have or plan to make a complaint about discrimination in the workplace, the Equality Act protects you from negative treatment. This also applies where you have stood up for discrimination rights for yourself or someone else.


How do I know if I am being discriminated against?

In order to assess whether you are being discriminated against at work, your solicitor will carry out an assessment of the circumstances. You should ask yourself and make not of the following factors which are relevant in assessing whether you have a discrimination claim.

• Who is treating you unfairly? Unfair treatment will only be unlawful if it is carried out by certain people.
• Why are you being treated unfairly ? Unfair treatment will only be unlawful discrimination if it's for certain reasons
• How are you being unfairly treated? Only certain types of behaviour will be regarded as unlawful discrimination.
• In what way is the treatment unfair? - there are different types of unlawful discrimination.

Who is treating you unfairly?

There are certain people who have a legal obligation not to treat you unfairly in the work place. People who mustn’t discriminate against you at work include:

• Employers
• Employees or colleagues
• Employment agencies
• If you work for an employment agency, the person they have arranged for you to work for.

If one of these parties discriminates against you, this may be unlawful.

Why are you being treated unfairly?

Discrimination will only be deemed to be unlawful where the discrimination relates to one of the protected characteristics. The discrimination against you will only be unlawful if it is on the grounds of:

• Age
• Disability
• Dender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation.

Each of these protected characteristics are detailed in the Equality Act.

What is the the unfair treatment you are experiencing?

The law prevents employers from discriminating against you in certain ways. For example, in relation to your terms and conditions of employment or when or how they terminate your employment.

However, employers also must not discriminate against you when you apply for a job. For example through their recruitment policies or by refusing to offer you a job on the grounds of one of the protected characteristics.

How is the treatment unfair?

There are different ways in which discrimination and unfair treatment can be unlawful. You may be subject to unlawful discrimination where:

• You are treated differently and worse than others because of who you are, who the other person believes you are or because of someone you are connected to. This is known as direct discrimination.
• Where a rule, policy or way of doing things is applied that puts you and other people like you at a disadvantage to other groups. This is called indirect discrimination.

• You are treated unfairly as a result of something connected to your disability. This is known as discrimination arising from a disability.
• Reasonable adjustments to accommodate your disability are not made. This is known as the duty to make reasonable adjustments.

• Where you are treated in a way that is offensive, frightening, degrading, humiliating or distressing. This is known as harassment.
• Where you are treated badly because you complained about discrimination or because the perpetrator believes you complained about discrimination. This is known as victimisation.

Contact Us Today

Employment law is an area of constant change. You should seek advice from an expert employment lawyer if you decide you want to make a discrimination claim. Call us today on 01224 968 316 or if you prefer you can contact us online here.

 

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