Discrimination at Work

The law protects people from discrimination because of nine protected characteristics:

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation

Unlike unfair dismissal claims, discrimination protection is not usually tied to a minimum length of service. That means an employee, worker or job applicant may have protection from the start of the working relationship.

Direct discrimination happens when someone is treated less favourably because of a protected characteristic. Indirect discrimination can happen where a rule, policy or way of working applies to everyone but disadvantages people with a particular protected characteristic. In some cases, an employer may try to defend indirect discrimination by showing the measure is a proportionate way of achieving a legitimate aim.

The law also recognises associative and perceived discrimination. That means protection may apply where someone is treated badly because of their connection with a person who has a protected characteristic, or because the employer wrongly assumes they have one.

Harassment is unwanted conduct related to a protected characteristic that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Victimisation is treating someone badly because they have raised a discrimination complaint, brought a claim, or supported someone else’s complaint.

These issues often overlap with grievance, disciplinary or dismissal processes, which is one reason it is important to look at the overall picture rather than treating each incident in isolation.

Disability discrimination has some additional features. Under the Equality Act, disability can include physical or mental impairments that have a substantial and long-term effect on day-to-day activities. Some conditions, including cancer, HIV and multiple sclerosis, are protected from diagnosis.

Employers also have a duty to make reasonable adjustments where a disabled person is placed at a substantial disadvantage. This may involve changes to working hours, duties, equipment, physical access or the way a process is handled. Claims can also arise where someone is treated unfavourably because of something connected to their disability, such as disability-related absence.

TLW Solicitors can advise on how concerns about reasonable adjustments should be raised, whether your employer’s response is likely to be sufficient, and what steps may be needed if the disadvantage remains.

Where possible, it is often sensible to raise the issue internally first, whether informally or through a formal grievance. That may help resolve matters without a claim and can also become important evidence later.

What matters most is not leaving it too late. In most work-related discrimination cases, a tribunal claim must usually be started within three months less one day of the discriminatory act, or of the last act in a continuing course of treatment. ACAS Early Conciliation is usually required before a claim can be issued.

TLW Solicitors can help you raise the issue clearly, identify treatment that may amount to discrimination, and protect your position if the matter is not resolved internally.

Discrimination claims can lead to compensation for financial loss and injury to feelings. Unlike unfair dismissal, compensation is not generally capped in the same way.

Some cases settle before a hearing, whether through ACAS, direct negotiation, a COT3 or a settlement agreement. Where settlement is a realistic option, TLW Solicitors can advise on whether the terms are fair, negotiate improvements where appropriate, and explain the effect of any agreement before you decide whether to accept it.