Discrimination means treating some people differently from others. It is not always unlawful - after all, people are paid different wages depending on their status and skills. However, there are certain reasons for which your employer can't discriminate against you by law.
Discrimination happens when an employer treats one employee less favorably than others. It could mean a female employee being paid less than a male colleague for doing the same job, or minority ethnic employee being refused the training opportunities offered to white colleagues.
There are specific laws against some types of discrimination (called 'unlawful discrimination'). If your employer treats you less favorably for an unlawful reason, you may be able to take action. If your employer treats you unfairly for any other reason, this is not unlawful discrimination (to find out what you can do in these situations - see below).
There are laws against discrimination because of:
Apart from the discrimination laws mentioned above there are laws which forbid workers from being dismissed or treated less favorably than other workers because of:
Legislation protects employees from discrimination of different types.
Direct discrimination
Direct discrimination happens when an employer treats an employee less favorably because of, for example, their gender or race. (So it would be direct discrimination if a driving job was only open to male applicants).
Indirect discrimination
Indirect discrimination is when a condition that disadvantages one group of people more than another is applied to a job. For example, saying that applicants for a job must be clean shaven puts members of some religious groups at a disadvantage.
However the law does allow employers to discriminate indirectly if they can show a good reason for having the condition. For example, the condition that applicants must be clean shaven might be justified if the job involved handling food and it could be shown that having a beard or moustache was a genuine hygiene risk.
Harassment and victimisation
Harassment means offensive or intimidating behaviour - sexist language or racial abuse, for example - which aims to humiliate, undermine or injure its target.
Victimisation means treating somebody less favorably than others because they tried to make a discrimination complaint
Being treated unfairly for other reasons
If you are treated unfairly but it is not for one of the reasons listed above, it may be that you are being bullied. Bullying should never be acceptable in the workplace, find out what you might be able to do about it.
If you are trying to take up your statutory rights and your employer treats you unfairly for this, you may be able to take legal action. For example, your employer is not entitled to mistreat you because you've asked to be paid the National Minimum Wage.
Other rights where you are protected from being mistreated because you have asked for them in good faith include:
From 1 October 2006, there is legal protection against age discrimination. It is no longer lawful to discriminate on grounds of age. Treating staff fairly and recognising individuals' talents and needs is not just the right thing to do, but makes good business sense as well.
New regulations against age discrimination
These regulations have been introduced because there's a need for age-related employment equality in the same way as we already have equality for sex, race, disability, sexual orientation and religion or belief.
Society is changing and the working population as a whole is getting older. The number of people aged under 50 is set to fall by two per cent by 2016, while the number aged between 50 and 69 is set to increase by 17 per cent. Better health standards mean that some people are choosing to work longer.
The new laws help ensure that people are no longer denied jobs or harassed because of their age, and in most cases, workers of all ages will have an equal chance of training and promotion.
What do the regulations mean?
The new laws give individuals important new rights, extend existing rights and remove traditional barriers.
They apply to all employers, private and public sector, vocational training providers, trade unions, professional organisations, employer organisations and trustees and managers of occupational pension schemes. They cover employees of any age, and other workers, office holders, partners of firms and others. They cover recruitment, terms and conditions, promotions, transfers, dismissals and training.
They do not cover provision of goods and services.
The regulations make the following changes to the law.
Stop unjustified age discrimination in employment and work-related training
Employers must make sure that any redundancy policies don't directly discriminate against older workers. They must not discriminate indirectly - for example, by selecting only part-time workers for redundancy, when a large number of these may be older workers. The only exceptions are where an age requirement can be objectively justified.
Harassment and victimisation on the grounds of age are also covered by the regulations.
Improve the rights of employees facing retirement
Your employer can only retire you below 65 where they can show that having a lower retirement age is appropriate and necessary.
Whatever age you are, your employer must inform you in writing, at least six months in advance, of your intended retirement date.
You also now have a statutory right to request working beyond compulsory retirement, which your employer must consider.
Remove the upper age limit for unfair dismissal and redundancy rights
The new regulations remove the upper and lower age limits for the entitlement of statutory redundancy pay. The upper age limit on unfair dismissal claims is also be removed.
Your employer will have to pay you the statutory minimum redundancy payment even if you are under 18 or over 65 (or after your normal retirement age if this is lower). This means, if you meet all the other requirements, you will receive redundancy pay whatever your age.
Can you be refused a job because you're too young?
Older people experience most age discrimination. However, it also takes place against young people. It is now unlawful for an employer to impose a lower age limit when recruiting, unless this age restriction can be objectively justified or is imposed by law.
What to do next
If you think you're suffering age discrimination, it's best to talk to your boss first to try to sort out the matter informally.
If you feel you're at a disadvantage because of age-related criteria for recruitment or promotion policies, you can bring a claim for age discrimination to an Employment Tribunal.
If you think you have been discriminated against or harassed because of your age, you will also be able to bring a claim to an Employment Tribunal.
It's unlawful for an employer to treat you differently from others because of your sex, because you are married, or if you have had, are having or are going to have gender reassignment. Find out about your rights and what to do if you feel you're being discriminated against.
What is sex discrimination?
Equal opportunities laws aim to create a 'level playing field' so that people are employed, paid, trained and promoted only because of their skills, abilities and how they do their job.
Under the 1975 Sex Discrimination Act it's unlawful for an employer to discriminate against you because of your sex or because you are married. It's also unlawful to discriminate against you because you have had, are having or intend to have, gender reassignment. This means someone, supervised by a doctor, who changes their gender.
The discrimination can be 'direct' or 'indirect', deliberate or accidental. If someone is disadvantaged at work because of their sex, marital status or gender, it is unlawful, and the employer should stop the discrimination.
Sex discrimination laws cover almost all workers (men and women) and all types of organisation in the UK.
Equal pay
The 1970 Equal Pay Act makes it unlawful for employers to discriminate between men and women in terms of their pay and conditions where they are doing the same or similar work; work rated as equivalent in a job evaluation study by the employer; or work of equal value.
Different kinds of sex discrimination
Sex discrimination at work is unlawful in all parts of employment. The law covers recruitment, terms and conditions, pay and benefits, status, training, promotion and transfer opportunities, right through to redundancy and dismissal.
However, in some cases, a job can be offered to someone of a particular sex, because of what is called a 'genuine occupational qualification'. Examples could include:
Different types of discrimination
There are four types of discrimination:
Employers who don't stop sex and gender discrimination by their employees may themselves be discriminating unlawfully.
What is 'positive action'?
In some circumstances, an employer may encourage or offer support specifically to men or women, and this 'positive action' is allowed under sex discrimination laws.
For example, an employer who has no women managers might offer some training in management skills only to women or encourage them to apply for management posts. Positive action applies only to training and encouragement to apply for posts, so when it comes to choosing who is to get a post the employer must consider all candidates on their suitability alone.
What to do if you're discriminated against
If you think that you’re suffering sex discrimination at work, you should talk to your employer, explaining what you see as discrimination. If necessary, put your complaint in writing. An employee representative (such as a trades union official) may be able to help you. Your employer may have an equal opportunities policy - ask to see it.
If this does not help, you may need to make a complaint using your employer’s grievance procedure. You should not be victimised for making a complaint, as this would count as discrimination.
If you’re still unhappy, you can apply to an Employment Tribunal – you will need to do this within three months of the discrimination taking place or within six months if it is about unequal pay. Tribunals can award compensation for unlawful sex discrimination.
You should not have to put up with bullying at work. Read about what bullying is and how to tell if you're being bullied, and details of what you can do to stop it.
What is bullying at work?
Bullying at work is when someone tries to intimidate another worker, often in front of colleagues. It's usually, though not always, done to someone in a less senior position.
It's similar to harassment, which is where someone's behaviour is offensive - for example, making sexual comments, or abusing someone's race, religion or sexual orientation.
It's not possible to make a legal claim directly about bullying, but complaints can be made under laws covering discrimination and harassment. If you're forced to resign due to bullying you can make a constructive dismissal claim.
Examples of bullying behaviour
Bullying includes abuse, physical or verbal violence, humiliation and undermining someone's confidence. You are probably being bullied if, for example, you're:
Bullying can be face-to-face, in writing, over the phone or by fax or email.
Before taking action
If you think you're being bullied, its best to talk it over with someone, because what seems like bullying might not be. For example, you might have more work to do because of a change in the way your organisation is run. If you find it difficult to cope, talk to your manager or supervisor, who might be as concerned as you are. Sometimes all it takes is a change in the way you work to give you time to adjust.
What to do if you're bullied at work
Employers have a 'duty of care' to their employees and this includes dealing with bullying at work. There are measures you can take if you're being bullied.
Get advice
Speak to someone about how you might deal with the problem informally. This might be:
Some employers have specially trained staff to help with bullying and harassment problems they are sometimes called 'harassment advisers'. If the bullying is affecting your health, visit your GP.
Talk to the bully
The bullying may not be deliberate. If you can, talk to the person in question, who may not realise how their behaviour has been affecting you. Work out what to say beforehand. Describe what's been happening and why you object to it. Stay calm and be polite. If you don't want to talk to them yourself, ask someone else to do so for you.
Keep a written record or diary
Write down details of every incident and keep copies of any relevant documents.
Making a formal complaint
This is the next step if you cant solve the problem informally. To do this you must follow your employer's grievance procedure, or if one does not exist you can use the statutory grievance procedure.
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