Discrimination at work - a guide for employees

Discrimination lawyers for employees

There are laws in place to protect you from discrimination at work. Discrimination in the workplace is challenging and you need legal help to put your best interests first. We’re here to support you, guide and help you bring a discrimination compensation claim against your employer.

If you would like to speak to a specialist discrimination lawyer regarding your situation then please feel free to call us on 020 3397 3603, submit an enquiry, or email our team.

Read our guide on discrimination in the workplace below

What is discrimination in the workplace?

Discrimination in the workplace occurs if you are treated unfairly because of a protected characteristic that you possess (or someone else possesses). This is, legally, different from unreasonable or unfair treatment which isn’t related to a protected characteristic – if you’re treated unreasonably but the unreasonable treatment isn’t related to a protected characteristic then you might be being bullied at work.

There are various types of discrimination that can occur in the workplace, including:

Direct discrimination (section 13 Equality Act 2010)
Discrimination arising from disability (section 15 Equality Act 2010)
Pregnancy and maternity discrimination (section 18 Equality Act 2010)
Indirect discrimination (section 19 Equality Act 2010)
Failure to make reasonable adjustments (section 20 Equality Act 2010)
Harassment (section 26 Equality Act 2010)
Victimisation (section 27 Equality Act 2010)

Employees can also raise claims relating to equal pay.

Protected characteristics

The Equality Act 2010 set out nine protected characteristics. This means that it’s unlawful for you to be discriminated against on the basis of:

Age
Disability
Gender Reassignment
Marriage or Civil Partnership (As related to your employment)
Pregnancy or maternity
Race
Religion or Belief
Sex
Sexual Orientation

Types of workplace discrimination

Direct discrimination (section 13 Equality Act 2010)

Direct discrimination occurs where “because of a protected characteristic, A treats B less favourably than A treats or would treat others” (section 13(1), Equality Act 2010).

Discrimination arising from disability (section 15 Equality Act 2010)

Discrimination arising from disability occurs when a disabled person is subjected to unfavourable because of something arising in consequence of their disability.

Read our guide to disability discrimination here

Pregnancy and maternity discrimination (section 18 Equality Act 2010)

Under section 18 Equality Act 2010 it is unlawful for an employer to discriminate by treating a woman unfavourably because:

of her pregnancy during the protected period (see The protected period) (section 18(2)(a);
of an illness she has suffered as a result of her pregnancy during the protected period (section 18(2)(b));
she is on compulsory maternity leave (section 18(3));
she is exercising or seeking to exercise, or has exercised or sought to exercise, the right to ordinary or additional maternity leave (section 18(4)).

Read our guide to pregnancy discrimination in the workplace here.

Indirect discrimination (section 19 Equality Act 2010)

Indirect discrimination occurs when, under section 19 of the Equality Act 2010, A discriminates against B where:

A applies to B a provision, criterion or practice (PCP).
B has a protected characteristic.
A also applies (or would apply) that PCP to persons who do not share B’s protected characteristic.
The PCP puts or would put persons with whom B shares the protected characteristic at a particular disadvantage compared to others.
The PCP puts or would put B to that disadvantage
A cannot show the PCP to be a proportionate means of achieving a legitimate aim

Indirect discrimination claims tend to involve situations where an organisations makes a workplace decision or implements a new policy which is not intended to be discriminatory, but has that effect.

Failure to make reasonable adjustments (section 20 Equality Act 2010)

Under section 20 of the Equality Act 2010, the duty to make reasonable adjustments applies when:

A provision, criterion or practice of an employer’s puts a disabled person at a substantial disadvantage in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage; or
Where a physical feature puts a disabled person at a substantial disadvantage in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage;
Where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid.

Read our guide to disability discrimination here

Harassment (section 26 Equality Act 2010)

There are three ‘types’ of harassment under section 26 of the Equality Act 2010:

Harassment (section 26(1) Equality Act 2010)
Sexual harassment (section 26(2) Equality Act 2010)
Less favourable treatment because of an employee’s rejection of or submission to sexual harassment or harassment related to sex or gender reassignment (section 26(3) Equality Act 2010)

Harassment (section 26(1) Equality Act 2010)

A person harasses you if they engages in unwanted conduct related to a relevant protected characteristic (such as your age, or another person’s disability) which has the purpose or effect of either: violating your dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for you (section 26(1), Equality Act 2010).

Sexual harassment (section 26(2) Equality Act 2010)

A person harasses you if they engage in unwanted conduct of a sexual nature, and the conduct has the purpose or effect of either: violating your dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for you (section 26(2) Equality Act 2010)

A person harasses you under section 26(3) Equality Act 2010 if:

They or another person engages in unwanted conduct that is of a sexual nature or that relates to gender reassignment or sex.
The conduct has the purpose or effect of either: violating your dignity; or creating an intimidating, hostile, degrading, humiliating or offensive environment for you
Because of your rejection of or submission to the conduct, a person treats you less favourably than they would treat you if you had not rejected or submitted to the conduct.

Victimisation (section 27 Equality Act 2010)

Victimisation occurs under section 27 Equality Act 2010 where a person subjects you to a detriment because you either:

Have done done a protected act; or
That person believes that you have already done so, or may do, a protected act.

What is a protected act?

The following are protected acts under section 27(2) of the Equality Act 2010:

Bringing a claim under the Equality Act 2010
Giving evidence or information in connection with a claim under the Equality Act 2010, regardless of who brought those proceedings
Doing any other thing for the purposes of or in connection with the Equality Act 2010
Alleging (whether expressly or otherwise) that somebody has undertaken an act of discrimination under the Equality Act 2010

Bullying in the workplace

In some situations the unreasonable conduct you are being subjected to may not amount to discrimination as it may not relate to a protected characteristic that you possess – it can, though, still amount to bullying.

Examples of discrimination at work

We have included below three examples of discrimination at work:

An employee believes strongly in veganism and feels that they have a duty to live their life in a way which limits their impact on the earth and animals to help save it for future generations: this would be classed as a philosophical belief and protected under the Equality Act.
An employee is denied a promotion because they are a woman: this would be sex discrimination under the Equality Act.
An employee is dismissed from their employment because they are arriving late at work, but their tardiness is as a result of a physical impairment: this would be disability discrimination (discrimination arising from disability) under the Equality Act.

Flexible working

You have a statutory right to request flexible working, subject to you meeting the conditions to apply for flexible working.

A guide to your flexible working rights is set out here.

Who can help if I’m being discriminated against at work?

It’s not just unfair for you to be subjected to discrimination in the workplace, it’s also unlawful. That’s why our experienced workplace discrimination lawyers are here to help you at every turn. We can advise you on:

How to make a formal complaint at work (known as a grievance)
Writing a formal letter to your employer
Helping you to try to settle your claim
Advising you on settlement agreement terms
Bringing an Employment Tribunal claim

Contact our employment solicitors

Our employment lawyers are experts in dealing with Employment Tribunal claims and advising on employment disputes.

Tessa Harris supervises our employment law team and has extensive experience in advising employees on employment claims, Employment Tribunal proceedings, and settlement agreements.

Speak to Tessa today to discuss your situation.

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