Workplace Discrimination

Direct discrimination is when someone is treated less favourably because of one of the above mentioned characteristics.  For example, it is discrimination if an employer employs a man rather than a woman (or the other way round) just because of their gender, or they don’t give a promotion to an employee, just because of their race, or their religion or belief.

Indirect discrimination is often, but not always, more subtle than direct discrimination.  Indirect discrimination is where an employer has a policy or a rule, which applies to everyone, but it has a worse effect on some workers because of one the above characteristics. As an example, if an employer has a minimum height requirement, this requirement may be applied to everyone, but it will mean that women will generally find it harder than men to meet that minimum height requirement.  It may also have a greater impact on certain races. This will be indirect discrimination unless the employer can reasonably justify having the particular requirement.

If you have been discriminated against by your employer and want to take legal action you can bring a claim to an employment tribunal for discrimination. Talk to one of our experts to find out if you have a case.

There are several types of discrimination, including direct discrimination, indirect discrimination, harassment, victimisation, and discrimination arising from disability.

Discrimination can lead to low morale, high staff turnover, and legal claims. Employers who discriminate can face penalties including compensation awards, fines, and reputational damage.

You should raise a formal complaint with your employer and seek legal advice. You may be able to bring a claim at an employment tribunal.

No, employers must not discriminate during the recruitment process or make assumptions based on protected characteristics. All candidates should be assessed on their skills and abilities.

Yes, employers can be held vicariously liable for the discriminatory actions of their employees if it occurs during the course of their employment.

In most cases, a claim must be brought within three months of the discriminatory act. However, this can be extended in certain circumstances.

Yes, a settlement agreement can be used to settle a discrimination claim. However, it must be entered into voluntarily and with the benefit of legal advice.

Remedies for discrimination claims can include compensation for injury to feelings, loss of earnings, and reinstatement or re-engagement. The tribunal can also make recommendations to the employer to prevent future discrimination.