When it comes to discrimination in the workplace, you are protected by law.
The law covers discrimination in terms of dismissal, pay and benefits, training, recruitment and employment terms and conditions.
It is important that you know what your rights are if you feel that you are facing discrimination a work.
Forms Of Discrimination Which Are Allowed
Before you start looking at your rights in regard to discrimination, you need to be aware that there are some forms of discrimination which are legally allowed.
This will relate to the way that the organisation works and will only occur in special circumstances.
An example of this will be a health centre for Muslim women that only hire women.
The Law
The law which covers discrimination is the Equality Act 2010. This law states that you must not be discriminated against in the workplace based on religion, gender, disability or sexual orientation.
Our law firm can provide legal help and advice on how this law affects your unique situation.
Discrimination which is against this act will be unlawful and you will be able to take action against the employer through an employment tribunal.
Disability
If you are disabled, you have the legal right to the same treatment as other employees.
Your employer will need to make reasonable adjustments to ensure that you are able to complete your work and apply for a job.
These adjustments will vary depending on your disability but will include making application forms available in audio and Braille formats.
As a disabled person, you have to same dismissal and redundancy rights as other employees.
You will also have the same rights in terms of grievances and discipline. Promotions, transfers and training opportunities should also be the same for you as for able-bodied employees.
Identifying Discrimination
To ensure that your rights are not being infringed on, you need to be able to identify discrimination in the workplace.
As with Acas, you will need to have your information ready when you talk to them.
It is possible to get free employment law advice. One of the best options will be the Acas helpline as they provide free and impartial advice based on your case.
There are a few steps that you need to complete to check if unlawful discrimination has taken place. The first is to identify who has been treating you unfairly.
This is important because unfair treatment will only count as discrimination when it is carried out by certain people.
The people who are legally unable to discriminate against you will be your employer, your colleagues and the employment agencies.
After identifying who is discriminating against you, you need to determine why.
Unlawful discrimination is when you are treated unfairly based on your age, disability, gender, race, religion, gender, sexual orientation, marriage or civil partnership and pregnancy.
These are all protected characteristics which are outlined in the Equality Act.
The next step will be to determine the unfair treatment and whether this behaviour actually counts as discrimination.
An employer is not legally allowed to discriminate against you when it comes to applying for a job. They also cannot discriminate against you in terms of the employment contract or treat you differently from other employees.
The Types Of Unfair Treatment
There are many different types of unfair treatment which will be classed as discrimination.
If you are treated worse or differently than other employees because of who you are, this is known as direct discrimination.
Indirect discrimination is when your employer applies a rule or process that places you and other people like you are a disadvantage.
Discrimination arising from a disability is when your employer treats you badly because of something that is connected to your disability.
This can also include your employer not making reasonable adjustments to ensure that you are able to carry out your work.
If you are treated in a way that is frightening, humiliating, offensive, degrading or distressing, this is considered workplace harassment and a form of workplace discrimination.
Disclaimer: The contents of this article are for information purposes only and should not be relied upon as formal legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Specific legal advice should be sort tailored to the individual circumstances in all cases.
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