- What is discrimination?
- What types of discrimination are there?
- What are the protected characteristics?
- Who can make a claim for discrimination in the Employment Tribunal?
- Do I need a specialist solicitor to undertake my claim for discrimination?
- How do I know if I’ve been discriminated against?
- How do I know which type of discrimination applies to me?
- What should I do if I think I’m being discriminated against?
- When can I make a claim for discrimination in the Employment Tribunal?
- How do I start a claim for discrimination in the Employment Tribunal?
- How is compensation for discrimination calculated?
- Will I win my claim for discrimination?
Moving away from a general definition of discrimination to a workplace-context, the Equality Act 2010 contains a multitude of prohibited discriminatory actions in the workplace. These are listed below.
What types of discrimination are there?
- Direct discrimination – the less favourable treatment of workers because of their possession of a protected characteristic
- Indirect discrimination – the implementation of a provision, criterion or practice which places a particular group of people (i.e. women, the disabled etc.) at a particular disadvantage as compared to people who do not possess that characteristic, and does put the person complaining of it at a disadvantage
- Discrimination arising from disability – the less favourable treatment of disabled workers than other workers who are not disabled
- Pregnancy or maternity disability – the less favourable treatment of a woman because of your pregnancy or your taking of maternity leave
- Failure to comply with a duty to make reasonable adjustments – the implementation of a provision, criterion or practice, or the existence of a physical feature, or the lack of an auxiliary aid, which puts a worker at a substantial disadvantage relating to their work in comparison with other workers who are not disabled
- Harassment – the subjection of a worker to unwanted conduct based upon their protected characteristic which has the purpose or effect of humiliating etc. the worker
- Sexual harassment – the subjection of a worker to unwanted conduct of a sexual nature which has the purpose or effect of humiliating etc. the worker
- Victimisation – the subjection of a worker to a detriment because that worker has done (or intends to do) a protected act (i.e. submitting a complaint of discrimination to the Employment Tribunal or giving evidence relating to a claim in an Employment Tribunal
- Age (age discrimination)
- Disability (disability discrimination)
- Gender reassignment (gender reassignment discrimination)
- Marriage or civil partnership (marriage or civil partnership discrimination)
- Race (race discrimination)
- Religion or belief (religious or philosophical belief discrimination)
- Sex (sex discrimination)
- Sexual orientation (sexual orientation discrimination)
- Pregnancy & maternity (pregnancy & maternity discrimination)
Who can make a claim for discrimination in the Employment Tribunal?
- former employees
- apprentices; and
- contract workers
The position of agency workers is slightly more complicated.
- Time – will you be able to devote the necessary time to preparing and processing the claim?
- Confidence – are you confident in your own ability to successfully pursue a claim of discrimination?
- Financial resources – can you afford a lawyer? (see next point)
- Funding – can you instruct a solicitor on a “no win no fee” agreement or get specialist pro bono representation?
- Nature of the claim – is the claim a potentially complicated one legally or factually?
- Nature of your employer – do you think that your personally undertaking a claim against your employer could cause personal or professional problems at work? If so, would it be better to instruct a solicitor (if that is indeed possible)?
How do I know if I’ve been discriminated against?
How do I know which type of discrimination applies to me?
- Direct discrimination
- Indirect discrimination
- Discrimination arising from disability
- Pregnancy or maternity discrimination
- Failure to make reasonable adjustments
- Sexual harassment