Workplace Discrimination remains a prevalent issue in the UK. Despite its widespread impact, employee discrimination in the workplace is rarely openly discussed. This results in a lack of knowledge and understanding leading to broad misconceptions. This guide to workplace discrimination addresses and clarifies those common misunderstandings.
In some cases, individuals may not even realise they have experienced or witnessed unlawful behaviour within their company. Many employees are unaware of their rights under the discrimination law equality act (2010). The law was implemented to protect individuals against discrimination in the workplace.
At Winrow Solicitors we proactively specialise in employment law to provide every client, regardless of their background and financial resources, access to justice. This guide aims to give you answers, a deep dive into understanding discrimination in the workplace.
What is workplace discrimination?
Workplace discrimination happens when an individual is treated unfairly as a result of certain characteristics protected by the law. The equality act (2010) recognises nine protected characteristics, these include age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership or pregnancy and maternity.
This means that unfair treatment based on any of these protected characteristics is typically against the law. Discrimination of an individual can occur in several stages of the employment process.
It can begin as early as recruitment, training procedures, during employment, at the time of promotion or while being dismissed. It’s important to spot the signs and protect yourself earlier than later.
Types of workplace discrimination
Discrimination in the workplace can present itself in many forms, some harder to spot than others. It is essential to understand and identify the types of workplace discrimination.
Direct Discrimination
This form of discrimination occurs when an individual is treated less favourably as a result of a protected characteristic.
An employee or candidate can be directly discriminated against for a number of reasons. This could be due to a characteristic relating to themselves or a connection with a person who has a protected characteristic.
Workplace discrimination can also happen based on the assumption that the individual in question is thought to have a protected characteristic, this is known as ‘discrimination by perception’.
- A specific example of direct discrimination would be if a promotion wasn’t offered to an employee as a result of their age or race.
Indirect discrimination
Indirect discrimination occurs when a company rule or policy, while presenting as neutral, has a worse effect on individuals with a protected characteristic, or puts them at a disadvantage.
There is a possibility that an employer’s intention isn’t to discriminate in these situations and can be less obvious than direct discrimination. It is important to understand the concept of a ‘shared protected characteristic’. This does not always refer to everyone with a specific characteristic, it can refer to:
- People with a form of a disability – Such as anyone with an equivalent of hearing impairment, not disabilities as a whole.
- People of a similar age.
- People who share an aspect of race.
In relation to the equality act (2010) it is unlawful for an employer to put an individual with a shared characteristic in an unfavourable position. This can happen during any stage of the employment process.
However, at times indirect discrimination can be justified, this relies on whether the employer has a ‘legitimate aim’, such as a business’s health and safety needs.
- A specific example of indirect discrimination would be if a company only offers interviews by telephone, an applicant with a hearing impairment would be put at a disadvantage.
Harassment
Harassment in the workplace can often leave an individual feeling hurt and confused. This form of discrimination can take many manifestations. Some specific forms to look out for include:
- Verbal harassment – Can refer to the making of offensive jokes or comments about someone’s race, gender, disability or religion. This can occur by the use of slurs, stereotypes or inappropriate language.
- Physical harassment – Can refer to unwanted touching, invading a person’s individual space or performing physical intimidation.
- Visual or non-verbal harassment – Can refer to displaying offensive images or posters, sending inappropriate emails or messages and hostile body language. This can relate to any protected characteristic, especially where it creates an offensive or hostile working environment.
- Sexual harassment – Can refer to unwanted comments or jokes about someone’s body, inappropriate touching or gestures and sending suggestive messages or images without consent.
Each of these types of harassment also involve the concept of harassment relating to individuals with a protected characteristic, and the unlawful, less favourable treatment as a result of this.
It is recognised that harassment causes an individual to feel intimidated, degraded and humiliated. It is crucial to understand that harassment is still recognised even if the perpetrator didn’t intend to cause those feelings.
Victimisation
Victimisation is when an individual is treated unfavourably as a result of being involved with a discrimination or harassment complaint. Under the law (equality act 2010), victimisation is seen as a separate matter to bullying.
The law says that a person is victimised when they have performed a protected act in the workplace and it has led to the individual suffering a detriment. Protected acts include:
- Supporting a colleague’s complaint.
- Making a complaint of harassment or discrimination.
- Collecting information that may lead to a complaint.
- Acting as a witness.
The law can only protect an individual if the actions they have taken were done in good faith. This means that only those who have not acted with malicious intent are protected by the law. If an individual deliberately gives false evidence or makes a false allegation, they are not protected by the law.
Understanding the Equality Act (2010)
The Equality Act (2010) is a law in the UK implemented to protect individuals from discrimination, harassment and victimisation in certain situations and the workplace. The act covers discrimination based on nine protected characteristics and promotes equality and diversity in the workplace to create inclusive environments.
According to a new Ciphr study, almost half (45%) of adults in the UK reported experiencing workplace discrimination. This was either at work (38%) or during a job application (39%).
This striking study highlights the prevalence of workplace discrimination and bullying. At Winrow Solicitors, we offer fixed fee legal aid to employees who have been dismissed, or are claiming discrimination in the workplace.
Call us on 01286 872779 or contact us to book a consultation.
How to file a discrimination claim in the UK
If you suspect or have experienced discrimination in the workplace in the UK, there are several avenues you can go down to address the issue.
- Act Promptly – It is understood that you must initiate your discrimination claim 3 months minus 1 day from the date of the act in question.
- Attempt an informal resolution – Before escalating the matter, it is advised to consider addressing the issue informally. This could be by raising the concern with your line manager or HR.
- File a claim with the employment tribunal – If informal resolution doesn’t resolve any issues raised, you can file a claim. You must:
- Complete an ET1 form.
- Submit the form within the timeframe specified by Acas.
- Await a response from your employer.
- Prepare yourself for the tribunal hearing – All relevant evidence must be gathered for the tribunal hearing. This evidence can include:
- Witness statements or testimonies.
- Documented incidents of discrimination.
- Correspondence with your employer.
The tribunal will then assess the evidence and make a decision.
How can Winrow Solicitors help you?
At Winrow Solicitors, we specialise in employment law and can provide comprehensive support throughout your discrimination claim process.
We offer:
- An initial consultation – Discuss your case with experienced employment solicitors.
- A case evaluation – Assess the strength of your claim with us and discuss the potential outcomes.
- Representation – We provide legal representation during tribunal proceedings.
- Advice and support – We offer guidance and support on documentation, evidence gathering and strategy.
Additional resources and support
Here at Winrow Solicitors, we offer a range of comprehensive support to meet your wants and needs. It’s important to know you are not alone and that aid is available.
- We offer expert legal advice to guide you through your rights under the Equality Act (2010)
- Equip yourself with strong legal representation if your case goes to an employment tribunal with our skilled team.
- Let us support you through every step. We assist with grievances, Acas early conciliation and tribunal claims.
- We provide practical help and advice on gathering evidence, documenting incidents and staying protected at work.
- Use our wellbeing support with guidance to mental health services and employee support organisations. Our mission starts with placing our clients’ needs as foremost.
- Our confidential consultations offer compassionate, tailored support for your specific situation.
With large cuts to legal aid, many people are denied access to justice. At Winrow Solicitors, we will provide whatever help we can to those in need. If you’re facing discrimination in your workplace, reach out to us for trusted, expert support to help you move forward with confidence.
