Workplace discrimination cases in the UK are extremely complex and involve a lot of investigation. With this in mind, it’s important to be able to answer “what is workplace discrimination?” if you ever find yourself or others in this situation. This awareness can protect yourself, your employees, or your peers.
At Winrow Solicitors, our legal experts have been handling workplace discrimination claims and tribunals since 2018. Today, we’ve taken our team’s expertise and collated it so you can understand what workplace discrimination is and where your rights lie with confidence.
Workplace discrimination: The legal definition
Under UK legislation, “workplace discrimination” can be defined as a situation where an employee is treated less favourably than others due to certain characteristics.
Less favourable treatment counts as any situation where someone with a protected characteristic is put at a disadvantage compared to someone who does not have that characteristic.
The Equality Act of 2010
The legislation in question is the Equality Act of 2010 — a UK law that aims to protect individuals from discrimination, harassment, or victimisation.
Universal Declaration of Human Rights, 1948
The Universal Declaration of Human Rights also supports discrimination law by stating “all human beings are born free and equal in dignity and rights”.
Protected characteristics
The Equality Act of 2010 lists nine protected characteristics. By law, these are the characteristics for which someone cannot be discriminated against:
- Age
- Gender reassignment
- Being married or in a civil partnership
- Being pregnant or on maternity leave
- Disability
- Race – including colour, nationality, ethnicity, or national origin
- Religion or belief
- Sex
- Sexual orientation
For more information about each of these nine protected characteristics and how they are defined, take a look at our discrimination solicitors page.
Who is protected by discrimination law, and who is responsible for it?
All employees (including former), contractors, job applicants, and self-employed people are protected from discrimination under this law. It is the responsibility of an employer to abide by the Equality Act of 2010.
To do this, employers must:
- Not unfairly discriminate at work
- Prevent discrimination wherever possible
- Do everything they can to protect their employees from discrimination
- Provide a duty of care to their employees
What are the different types of workplace discrimination?
There are four forms of discrimination, all of which can be classed as workplace discrimination:
- Direct discrimination: Treating someone unfairly because they have a protected characteristic.
- Indirect discrimination: Enforcing rules that put someone with a protected characteristic at a disadvantage.
- Harassment: Delivering unwanted, offensive behaviour to someone because of their protected characteristic.
- Victimisation: Treating someone unfairly because they have complained about discrimination or harassment.
It’s important to note that someone could be discriminated against for multiple protected characteristics, not just one.
What doesn’t count as workplace discrimination?
When is less favourable treatment justified, if ever? Well, there are actually a few scenarios where less favourable treatment is justified and lawful. For instance:
- Positive action: To help a disadvantaged/underrepresented group.
Example: A tech company realises that women are significantly underrepresented in their team, and they host a women-only workshop as a result to encourage interest in future jobs.
- Objective justification: When an employer can prove a legitimate and lawful need for less favourable treatment.
Example: A warehouse manager refuses to employ someone who cannot meet the physical lifting requirements of a job role on the grounds of safety, even though this may disadvantage older or disabled applicants. - A disability exception: To positively favour disabled candidates to help improve access to jobs.
Example: A university hiring for a new student support role wants to hire someone with a disability in the hopes that it will help the university understand the struggles of disabled students better.
- Occupational requirement: To recruit someone with a particular protected characteristic to do a particular job.
Example: A women’s refuge centre only hires female support workers to provide visitors with personal care and emotional support.
How can someone be discriminated against at work?
There are many different ways someone can be discriminated against at work, and some are more obvious than others, which can make trials and claims complex.
Some examples of workplace discrimination include:
- Unconscious bias: When someone unknowingly treats another person unfairly due to deep-rooted attitudes towards the person’s protected characteristic.
Example: A manager chooses not to hire a younger candidate for a role even though they are fully qualified, due to seeing their age as immature.
- Stereotyping: When someone makes an assumption about someone’s ability due to the person’s protected characteristic.
Example: A factory employee assumes that a female employee with the same job isn’t as good as them because of their gender.
- Microaggressions: When someone makes small comments or actions that are insulting or exclusionary towards a person with a protected characteristic.
Example: A worker consistently mispronounces the name of a colleague from a different racial or ethnic background, even after being corrected several times.
- Behaviour: When direct actions are made to create an uncomfortable environment for someone with a protected characteristic.
Example: A manager regularly jokes about an employee’s accent in front of the team.
- Decisions: When a choice is made that puts someone with a protected characteristic at an unfair disadvantage.
Example: A CEO overlooks a pregnant employee for a promotion, even though they displayed better performance than others who were promoted, because they believe having a baby will make her “too distracted” for work.
What to do if you have been a victim of workplace discrimination
If you are a victim of workplace discrimination, the UK government suggests talking to your employer first to try and resolve the problem informally. However, we understand that this does not always go to plan and can be anxiety-inducing for the victim.
As a victim of workplace discrimination, you also have the right to use someone to help you resolve the situation (also known as a mediator) or make a claim in a court or tribunal. However, if you wish to acquire the help of discrimination solicitors in this way, you must make sure you bring the claim forward within three months of the discrimination.
As North Wales Discrimination Solicitors, our team can help you get justice for workplace discrimination acts with employment tribunal representation. We are based in Caernarfon, but can support employees across the region.
Book your consultation with Winrow Solicitors today to find out if you have a valid workplace discrimination claim. We will do everything we can to support you.
