What is Discrimination?
It can be extremely distressing if you believe you have been discriminated against at work. It is important to know that there are strong equality laws to protect employees from discrimination related to a protected characteristic.
It is sometimes hard to know when ‘discrimination’ in the ordinary sense (differentiating between people because of different qualities or attributes) becomes ‘discrimination’ in the legal sense (which is when you treat someone differently because of a protected characteristic).
The law makes it clear that if you are treated differently because of one of the nine protected characteristics, it may well be unlawful. If this is the case, you may have the right to bring a claim against your employer. However, the law around this is complex. If you want to understand whether you have grounds for a claim, do reach out to our team.
What are the protected characteristics?
The protected characteristics are:
- Age – both your actual age and age range (such as being ‘under 25’).
- Race – your colour, nationality and ethnic or national origins.
- Sex – whether you are a man or a woman.
- Sexual Orientation – towards individuals of the same sex, opposite sex, or either sex.
- Gender Reassignment – including when you are proposing to undergo, undergoing or have undergone a psychological or physical process to transition.
- Pregnancy & Maternity – including during pregnancy and maternity leave and covering related illnesses.
- Marital Status – including whether you are married or are in a civil partnership.
- Religion & Belief – including any religious or philosophical belief or lack of belief.
- Disability – including any mental or physical impairment which has a substantial long-term adverse effect on your ability to carry out normal day-to-day activities.
Types of Discrimination in the Workplace
The main types of workplace discrimination you may encounter in the workplace are:
- Direct Discrimination – You are treated differently directly because of a protected characteristic (such as your sex).
- Indirect Discrimination – Your employer has a policy or practice which disproportionately affects you and your colleagues who have a certain protected characteristic.
- Harassment – Your employer or a colleague subjects you to unwanted conduct relating to a protected characteristic which creates a hostile, offensive or intimidating environment.
- Victimisation – You are subjected to a detriment because you did a protected act (which includes raising anything in relation to the Equality Act).
- Discrimination Arising from a Disability – You are treated unfavourably because of something which arises because of your disability (such as being disciplined for a disability-related absence).
- Failing to make Reasonable Adjustments – You have a disability, and your employer fails to make reasonable adjustments to avoid you being put at a disadvantage.
Why Use Trethowans?
Our employment solicitors are skilled in all aspects of workplace discrimination law. Whether you need help with raising a grievance, navigating the grievance process, negotiating a settlement or taking your employer to the Employment Tribunal, our team can help. Our Head of Employment regularly provides training to both employees and employers on a range of key topics including menopause, neurodiversity, equality, diversity and inclusion and bullying and harassment.
We understand that raising a complaint or formal grievance to your employer can be daunting. Many employees fear that they will be punished or even dismissed if they do so. Employees are protected in law from adverse repercussions and our team will support you as you go through the process. Our discrimination solicitors understand that everyone’s desired outcomes are different and our employment lawyers will do their best to get you there.
Our employment solicitors can:
- Support you in making a complaint of discrimination.
- Help you make a claim for discrimination or constructive dismissal.
- Advise on your rights to make a flexible working request.
- Advise on whether your employer has made sufficient reasonable adjustments if you have a disability.
- Negotiate an amicable exit package with your employer.
- Defend yourself in an internal disciplinary procedure or Tribunal claim where you have been accused of discrimination or harassment.
We are a leading Firm recognised in the Legal 500 2023 and Chambers and Partners 2023. The Employment Team is also ranked for Employment Law in the South. We pride ourselves on upholding our reputation for being down-to-earth dedicated lawyers who will take the time to understand you and your needs.
For expert advice on your rights if you have been discriminated against or accused of discrimination in the workplace, don’t hesitate to contact our team of experienced employment solicitors on 0800 2800 421.
