Discrimination - Introduction

Discrimination usually consists of one or more of the following:

1. People who are treated differently based upon their sex, race, (colour, nationality, ethnic or national origins), marital status, religion, (this applied from 2nd December 2003), sexual orientation (this applied from 1st December 2003), age (this applied from 1st October 2006) or because they have undergone gender reassignment (transsexuals). This covers harassment based on any of the above.

With regard to discrimination based on religion or religious beliefs employers will now need to accommodate a wide variety of religious and cultural needs of workers. This may include for example, establishing a prayer room in the workplace and being flexible about employees taking time off for different religious holidays.

Discrimination can occur based on a perception of a person's religion or beliefs, even if those perceptions were wrong and also extend to discrimination based on a person's association with someone else who has a particular religion or belief.

There is no protection for discrimination based on political beliefs or philosophical beliefs, which are not akin to religious beliefs.

Discrimination based on sexual orientation applies to sexual orientation for persons of the same sex, different sex or both sexes, but does not apply to sexual practices or preferences. Discrimination can occur based on a perception of a person's sexual orientation, even if that perception is wrong and also extends to discrimination based on a person's association with someone else who has a particular sexual orientation.

2. Employees who are paid different rates of pay despite doing similar work, because of their sex.

3. Disabled people who receive less favourable treatment than their work colleagues who are not disabled.

The Disability Discrimination Act 1995 says that an employer should not discriminate against a person on the grounds of their disability. To prevent discrimination an employer will be expected to make adjustments to the workplace and working conditions. So that a disabled person is not placed at a "substantial disadvantage".

However, this Act does not apply to an employer who employs less than 15 workers.

The Act describes a disabled person as anyone who has a "physical or mental impairment", which is long-term or substantial and makes them unable to carry out normal day to day activities and has more than a minor or trivial effect and lasts or is likely to last at least 12 months.

This is a very wide definition and could include new categories of disability. Employers will have to be careful that their recruitment, training and dismissal procedures, etc. do not treat disabled people unfairly.

There are two codes of practice which have been produced to help interpret the 1995 Act. These are the Code of Practice for the Elimination of Discrimination in the Field of Employment Against Disabled Persons or Person Who have a Disability, and the Code of Practice on Rights of Access, Goods, Facilities, Services and Premises. It is not mandatory to follow these codes, but they will be used as a guide by Tribunals when deciding whether discrimination based on disability has occurred.

Discrimination can be alleged if it was for a reason related to an individual's disability.

Disability discrimination can also occur if a person who is linked to a disabled person is discriminated against. For example a carer or parent of a disabled person - if that carer suffers discrimination it is linked to the disabled person, so the carer can bring a claim for discrimination on their own behalf. This means that employers need to take account of employees' home situations and requests related to them, such as requests for flexible working.

4. Members of trade unions who are treated less favourably than non-union members. However, this can also work in reverse, if non-union workers receive less favourable treatment.

There is no minimum service requirement of 1 year to bring a claim based on discrimination. A claim for discrimination can be made regardless of whether the complainant is an employee. For example, a person who has been interviewed, but not selected for the job because of race, gender or disability might bring a claim for discrimination based on the firm's selection procedure.

An employer may lawfully discriminate in selecting employees for a job where being a member of a particular race, sex, sexual orientation, religion or age group is a genuine occupational qualification for the job.

Discrimination legislation applies throughout the employment relationship, during the recruitment process, in the workplace and following dismissal.

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