FAQs: Discrimination in the Workplace

What is discrimination in the workplace?

Workplace discrimination refers to the unfair treatment of employees or job applicants because of one or more protected characteristics. These include race, gender, sexual orientation, age, religion, disability, marriage and civil partnership, pregnancy and maternity, and gender reassignment.

Discrimination can arise in employment decisions including hiring, promotion, pay, training, working arrangements, performance management and dismissal.

Are there laws that protect individuals from workplace discrimination?

The Equality Act 2010 (“EA 2010”) is the primary legislation protecting individuals from discrimination in the workplace. Under the EA 2010, employers must not unlawfully discriminate against employees or job applicants because of a protected characteristic.

What are some examples of workplace discrimination?

The EA 2010" outlines specific types of conduct that are prohibited. These include:

• Direct discrimination: Treating an individual less favourably due to a protected characteristic, such as refusing employment or promotion based on age or race.
• Indirect discrimination: Applying a provision, criterion or practice that puts people with a particular protected characteristic at a disadvantage, unless it can be objectively justified.
• 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 environment.
• Victimisation: Treating someone unfairly because they have done a protected act, such as making or supporting a discrimination complaint.
• Failure to make reasonable adjustments: Failing to provide reasonable adjustments for a disabled employee where the legal duty applies.

What should I do if I believe I am experiencing workplace discrimination?

If you believe you are experiencing workplace discrimination, consider taking the following steps:

• Document incidents: Keep a record of specific instances of discrimination, including dates, times, and the individuals who were involved.
• Review company policies: Familiarise yourself with your employer’s grievance, equality and discrimination policies.
• Raise the issue: Report the discrimination to your manager or HR department and consider seeking a formal grievance where appropriate.
• Seek legal advice: If internal procedures do not resolve the issue, or the discrimination continues, legal advice can help you understand your rights and potential remedies.

How can employers prevent workplace discrimination?

Employers can take several steps to reduce the risk of workplace discrimination, including:

• Establish and communicate clear non-discrimination policies;
• Provide regular training on discrimination, harassment, unconscious bias and inclusive working practices.
• Review employment practices, policies, and pay structures to identify and rectify potential discriminatory practices.
• Encourage employees to report concerns and deals with complaints promptly and appropriately.
• Promote fair recruitment, promotion and progression practices based on qualifications, skills and experience.

What are the consequences of workplace discrimination for employers?

Understanding and complying with discriminations laws is vital for employers. Those who fail to do so may face Employment Tribunal claims, financial liability and reputational damages. Employees may bring claims in the Employment Tribunal without needing the qualifying period of service that applies to other employment claims.

Where a discrimination claim is successful, compensation is not subject to the statutory cap that applies to other Employment Tribunal claims. The amount awarded will depend on the circumstances and may include compensation for injury to feelings.

Quite apart from the legal consequences, workplace discrimination can lead to lower employee morale, reduced productivity and difficulties attracting and retaining staff. Fostering an inclusive work environment can therefore benefit both employers and employees.

How can we help you?

At Gannons, we help employers understand their obligations under discrimination legislation and take practical steps to reduce the risk of claims.