Discrimination
What is discrimination?
Under the Equality Act (2010) ‘discrimination’ means treating you less favourably because you have a specific ‘characteristic’ that tends to make you more likely to be the target of negative or hostile behaviour by other individuals or groups at work.
The characteristics that make you more likely to be discriminated against are recognized in the Equality Act which serves to protect everyone against discrimination.
t is unlawful to discriminate against people on the grounds of these characteristics, which are as follows:
• Race, which includes your race, colour, nationality (including citizenship) ethnic or national origins.
• Sex means either male or female or a group of people such as men or boys, or women or girls, although the majority of sex discrimination cases are brought by women.
• Age can refer to a particular age or an age range and can refer to young as well as old people, for example, employees of 18-24 years, or over the age of 55.
• Disability means physical or mental impairment which has a substantial and long-term adverse effect on that person’s ability to carry out normal day-to-day activities.
• Pregnancy and maternity are about being pregnant, expecting a baby, or having had a baby recently.
• Sexual orientation refers to whether a person’s sexual attraction is towards their own sex, the opposite sex, to both sexes, or none.
• Religion or belief includes religious and philosophical beliefs including lack of belief (such as Atheism). Generally, a belief should affect your life choices or the way you live, for it to be included in the definition.
• Gender reassignment means a person who is transitioning or has transitioned from one gender to another.
• Marriage and civil partnership refer to the legal union between a man and woman or between a same-sex couple.
Who can bring a claim in Employment tribunal for Discrimination?
There is no minimum period of employment before you can make a claim in the employment tribunal for discrimination. Unlike unfair dismissal, you do not have to be employed with your employer for two years before you can bring a claim.
Claims of discrimination can be brought by:
• current employees and others who provide their services personally to an organisation
• job applicants
• workers who have left the organisation.
• Claims can be brought irrespective of the individual’s length of service, age or number of hours worked.
• Legislation provides protection from discrimination to a wide range of people who provide their services personally to organisations, including.
• agency temps
• casual workers
• part-timers
• apprentices
• self-employed people (provided the person concerned is under a duty to provide their services personally)
• directors
How Advantage solicitors team can support you in this claim
Advantage Solicitors can support you by offering advice, and support as well as corresponding with your employer, negotiating with discrimination settlements; or possibly bringing a claim on your behalf.