Discrimination at work

Discrimination where your employer is responsible

Equal pay, race and sex discrimination, and disability discrimination law covers everyone at your place of work.

Discrimination on the grounds of religion or belief, and on grounds of sexual orientation are unlawful.

All workers are protected against discrimination, including:

• apprentices;
• self-employed people working at your employer’s place of business; and
• job applicants.

Your employer must protect you from discriminatory action by other workers and must show that they took effective steps to prevent it. There should be a clear equal opportunities statement where you work.

Equal Pay – discrimination between men and women

Women and men have the right to equal pay for doing the same work or work of equal value. If you think you are being paid unequally with someone of the opposite sex at your workplace, you may have a claim against your employer under the Equal Pay Act 1970.

If the work is of equal value, your employer must show that there is a genuine reason for the difference in pay.

To make an equal pay claim in an Employment Tribunal, you have to compare your job with an equivalent or broadly similar job done by someone of the opposite sex. If you have already left your job, you must bring a claim within six months of leaving.

Race and sex discrimination

Race and sex discrimination legislation covers all aspects of employment from day one of your employment.

‘Racial’ refers to colour, race, nationality, ethnic or national origins, but not religion.

Sex discrimination may be discrimination on the grounds of sex, marital status or gender reassignment.

Types of discrimination:direct, indirect and victimisation

Direct discrimination

is where one worker is treated less favourably than another in similar circumstances, or is dismissed or selected for redundancy, or suffers harassments, because of her/his race, sex or marital status.

Automatic sex discrimination

is when a woman is treated less favourably than her colleagues for any reason connected to her pregnancy or maternity leave.

Indirect discrimination

occurs where a group of people is unable to meet a requirement or practice at work in the same way as the rest of the workforce because of their race, sex or marital status, so that one group is disproportionately affected and more disadvantaged than another.

Victimisation

is where a worker is treated less favourably because s/he has previously complained of discrimination or given evidence for another worker in a discrimination case.

Harassment or abuse

may be in the form of bullying or physical assault, either by your employer or in circumstances where your employer does not deal properly with your complaint.

Positive action

means treating someone of a particular sex or racial group more favourably in order to promote equality. It is generally unlawful, except:

• to provide access to facilities or services to someone of a particular racial group to meet their needs in regard to their education, training or welfare;
• to permit employers to encourage people of a particular race or sex to apply for jobs or to take up training, if the number of women or people of that racial group working in that area is relatively small.

Circumstances when discrimination is allowed

Choosing someone of a particular race

• for an acting or entertainment role, or to work in an ethnic restaurant, for authenticity;
• to provide personal services for the welfare of people of the same racial group to provide those services most effectively; or
• to work in a private household.

Choosing someone of a particular sex

• where the job calls for a man or woman for reasons of physiology (excluding physical strength or stamina), or an actor or other entertainer, for authenticity;
• to preserve decency or privacy including work in a private home or in single sex establishments where people need special care;
• to provide personal services promoting the welfare or education of people of the same sex to provide those services most effectively.

Disability Discrimination

Who is protected against disability discrimination

If you have a physical or mental impairment that substantially affects your ability to carry out normal day-to-day activities, your rights at work may be protected under the Disability Discrimination Act 1995. This covers employees and job applicants, but not at workplaces with fewer than 15 employees, nor workers in ships or aeroplanes, firefighters, police or prison officers or members of the armed forces.

Disability discrimination occurs when:

• you are treated less favourably because of your disability; or
• your employer does not make ‘reasonable adjustments’ to solve your difficulty with work, and that failure cannot be justified.

Reasonable adjustments at work

Reasonable adjustments may include:

• alterations to remove obstacles that place you at a disadvantage,
• physical changes to your place of work;
• adjustments to your terms and conditions;
• providing training, modifying procedures, or providing a reader or interpreter, and supervision.

What is ‘reasonable’ depends on individual circumstances.

Other forms of discrimination

Workers with HIV or AIDS

People with HIV are not usually protected by disability discrimination law, but people with AIDS are protected. HIV infection may justify dismissal if:

• you become ill;
• HIV/AIDS constitutes a health risk to others.

Harassment of someone with HIV/AIDS, may be grounds for dismissal.

If you are the worker being harassed, you may be able to claim constructive dismissal if your employer does not take action and give reasonable support.

Age discrimination

Legislation to prevent age discrimination is planned for 2006. The Government has launched a campaign to stop age discrimination in the workplace. If you wish to claim unfair dismissal or discrimination on this basis, see general Employment Rights leaflet.

If you have suffered discrimination at work

If you believe you have suffered any kind of discrimination at work and you are thinking of taking legal action see Disputes at Work leaflet.

Always remember, if you have a problem about exercising your rights, the quickest and most effective way to resolve an issue is to speak with your employer, and to seek specialist advice before considering formal action.