Discrimination & Equality for Employees

There are different types of discrimination that an employee can bring against a Company:

• Direct Discrimination – Treating someone less favourably than others because of a protected characteristic.
• Indirect Discrimination – Imposing a provision, criterion, or practice that puts individuals with a protected characteristic at a disadvantage.
• Harassment – Unwanted conduct related to a protected characteristic that has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.
• Victimisation – Treating someone unfairly because they have asserted their rights under the Equality Act, such as filing a discrimination complaint or supporting someone who has.
• Discrimination arising from disability – Treating a disabled person unfavourably because of something arising from, or in consequence of, their disability.
• Failure to make reasonable adjustments – Failure to accommodate the needs of a disabled person, where such adjustments would prevent a substantial disadvantage.
• Associative Discrimination – Treating someone unfairly because they are associated with someone who has a protected characteristic.
• Perceptive Discrimination – Treating someone unfairly based on the perception that they have a particular protected characteristic, even if they do not.

If you feel you have been subject to discrimination at work at work we strongly suggest you take legal advice on your position as we know how upsetting this can be. Our team of specialist employment lawyers support and advise you on your situation and the next steps. This could be looking to commence employment tribunal proceedings or raising an internal grievance in the first instance.

There are strict time limits for bringing a discrimination claim in the UK. The ordinary time limit is three months (less one day) from the date of the act of discrimination. There are circumstances where this time limit can be extended through ACAS Early Conciliation. Our lawyers will be able to advise you on the time limits applicable to your position. It is important to act promptly if you believe you have been discriminated against in order to properly protect your position.

Yes you can. You are likely to be vicariously liable for the discriminatory actions of your employees if those actions fall within the scope of employment or in the course of their work-related duties. You may also be liable if you have failed to prevent or address discrimination within your workplace. This may include the failure to implement equal opportunity and harassment and bullying policies, failing to investigate complaints of discrimination adequately and failure to take the appropriate and corrective action.