People are protected from discrimination at work if the behaviour is connected to one of the protected characteristics (as above). There are a few main types of unlawful discrimination that you need to be aware of. These are:
- Direct discrimination – which is when someone treats someone else less favourably than they treat others, because of a protected characteristic. Most simply explained, this is when someone isn’t given the same opportunities, respect, or conditions of employment.
- There’s also direct discrimination by association. For example, a manager has promised their staff member a promotion but then withdraws it because they learn that the employee’s mother has terminal cancer and they assume that the extra responsibility will be too much. This could be discrimination because of the employee’s association with someone who has a disability.
- And there’s direct discrimination by perception. For example, a colleague is 38 but they look about 25 – and as a result, an employer doesn’t choose them to represent the organisation at an important meeting, because they assume the colleague is too young. They’ve been discriminated against because of their perceived age.
- There’s also indirect discrimination – this is often less obvious and it’s normally unintended. It can happen when people with a protected characteristic are put at a disadvantage because a rule, policy or procedure excludes them. For example, a person who grew up overseas has just moved to the UK. When they apply for a job, the application states that applicants MUST have UK qualifications – this indirectly discriminates against the applicant on the grounds of their race.
- Positive discrimination is also something to be aware of. It’s not mentioned specifically in the Equality Act, but in the workplace it’s generally understood as someone favouring under-represented individuals from minority groups, over those in majority groups, without properly considering their merit. In this case, positive discrimination is unlawful in England, Scotland and Wales.
- Harassment is a type of unlawful discrimination. Someone is being harassed if they feel repeatedly intimidated, pressurised, humiliated, offended, or frightened by someone else’s behaviour towards them because of a protected characteristic. Harassment can be verbal, written or physical, including sexual. Someone is protected if they are harassed because of their age, race, sex, disability, religion or belief, sexual orientation, and if they plan to, are, or have undergone gender reassignment. Marriage and civil partnership, and pregnancy and maternity, aren’t protected from harassment specifically. It is unlawful to victimise someone. Victimisation is when someone is mistreated or put at a disadvantage because they have confronted or reported discrimination; sometimes they are mistreated because it’s just suspected they may report it. Victimisation can also happen to someone who is supporting someone else’s claim of discrimination. As long as their report is made with honesty and in good faith – a person is protected in all these scenarios – even if some evidence proves inaccurate later down the line. An employee is not protected however if they make a false claim or support a claim in bad faith.