Discrimination

Discrimination Claims can be brought by employees where an employer treats one or more employees or potential employees less favourably than others because of one of their characteristics.

The types of characteristics can be:

• Age
• Disability
• Gender Reassignment
• Marriage and Civil Partnership
• Political Belief
• Pregnancy & Maternity
• Race (including Colour, Nationality and Ethic or National Origins)
• Religion or Belief
• Sex (Gender)
• Sexual Orientation

Discrimination can take a number of forms. The following types of discrimination on any of the grounds listed above will be considered unlawful.

Direct discrimination 

This is where an employee is treated differently or not offered the same opportunities as others because of one of the characteristics above. This may consist of refusing to pay people the same salary for performing the same job, making training or other opportunities available only to certain workers, or refusing someone a job.

Indirect discrimination

This is when workplace rule or practice leaves one group of employees at a disadvantage. It is only allowed if the employer can justify it. Examples could be making all employees come to work clean-shaven, which could affect those with certain religious beliefs, or allowing public holidays which are celebrated only by one section of the community and not the other.

Victimisation 

This is when an employee is treated differently or unfairly because they have tried to make a discrimination complaint against the employer in the past.

Harassment is also taken to be a form of discrimination.

Do I have a time-limit to bring a claim for discrimination to my employer?

Yes, an employee must bring a claim for discrimination to the Employment Tribunal within 3 months of the date on which the most recent instance of discrimination occurred. It is, therefore, crucial to obtain legal advice as soon as possible.

Next steps

Talk to our expert solicitors and find out how we can help.