Workplace Discrimination

Workplace discrimination transpires when someone is treated differently. This is not per se unlawful as an employer’s commitment to diversity means he must treat the disabled differently to treat them equally. However, Equality Act 2010 imposes liability for unlawful discrimination. This happens when you are treated differently because of your sex, race, or religion, or if you are unfairly dismissed because you are part-time or fixed term worker.

Types of discrimination

Discrimination can be direct or indirect and is a complex area of law covering a wide range of workplace activities such as recruitment, benefits, employment terms and conditions, and selection for redundancy. It extends to harassment such as making sexual gestures or remarks, this includes behaving in an offensive manner towards an employee.

Victimisation is also a form of discrimination and this occurs when you are treated differently or less favourably because you have made a complaint against your employer or made a claim at the Employment Tribunal for which your employer victimises you. This could happen when your employer refuses to provide a reference or provides a poor reference when requested.

Equal Pay and Wages

Discrimination under the Equality Act 2010 now also covers equal pay for equal or similar work that another employee of the opposite sex is performing. Linked to equal pay is also the concept of paying all employees on or above a statutory minimum or the National Minimum Wage. If you are paid less than the National Minimum Wage or paid less because of your sex you may be able to bring a claim at the Employment Tribunal.

How can we assist?

If you have been discriminated against in your workplace, we can advise you in how to make a formal grievance against your employer. If the matter cannot be resolved by invoking your employer’s internal procedures, we can advise you on the next steps of your discrimination claim and whether you have grounds to bring a claim at the Employment Tribunal.