It is unlawful for employers to discriminate against employees due to their having one or more of the following protected characteristics:
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Religion or belief
- Sexual orientation
Types of Discrimination
The various forms of discrimination include the following:
- Direct discrimination
- Indirect discrimination
An employee suffers direct discrimination where they are treated less favourably than others because of a protected characteristic.
Indirect discrimination occurs where an employer applies a provision, criterion or practice (PCP) which has the effect of disadvantaging a group of people with a particular protected characteristic. Where a particular employee suffers that disadvantage there will be a case for indirect discrimination unless the employer successfully argues the PCP is objectively justified ie that it is proportionate means of achieving a legitimate aim.
In most cases harassment is made out when an employee suffers unwanted conduct relevant to a protected characteristic which has the purpose or effect of violating the employee’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for the employee.
An employee suffers victimisation if subjected by the employer to a detriment because the employee has done a protected act, or because the employer believes the employees has done or may do a protected act. The following are protected acts:
- Bringing proceedings under the Equality Act 2010
- Giving evidence or information in connection with proceedings under the Equality 2010, regardless of who brought those proceedings
- Doing any other thing for the purposes of or in connection with the Equality Act 2010
- Alleging a contravention of the Equality Act 2010
Why choose OWC?
Discrimination claims can be difficult to bring and the chances of success are greatly improved with expert advice on which type of discrimination applies and what evidence is required. Our experience will help guide you through the process to a successful outcome.
Contact our Employment Law Solicitors in London, Surrey and Middlesex