Legal Services for Employees and Employers
DISCRIMINATION
INTRODUCTION
Discrimination is covered by the Equality Act 2010. It happens when you are treated less favourably than another person because of a ‘protected characteristic’.
Sometimes however, less favourable treatment can be justified and is not unlawful discrimination. Additionally, if your employer treats you unfairly for any other reason than a 'protected characteristic', this is not unlawful discrimination under the Equality Act 2010.
Protected Characteristics:
- Age
- Disability
- Gender reassignment
- Marriage or civil partnership (in employment only)
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
Types of discrimination
Direct Discrimination
Associative discrimination
Indirect discrimination
Direct discrimination occurs when there is evidence that someone is overtly treated less favourably than another because of a 'protected characteristic'.
Indirect discrimination
Associative discrimination
Indirect discrimination
Indirect discrimination occurs when a rule, policy or procedure is applied which puts a person with a 'protected characteristic' at a disadvantage when compared with other groups/others not holding that 'protected characteristic'.
To establish indirect discrimination, it is also necessary to show that:
- an individual is put at a disadvantage as a result of the disparate impact; and
- that the employer cannot show the provision, criterion or practice is a proportionate means of achieving a legitimate aim.
Associative discrimination
Associative discrimination
Indirect associative discrimination
Associative discrimination occurs where an individual is discriminated against because they associate with an individual (or group) with a protected characteristic.
It may also arise where unjustified indirect discrimination impacts on those who, whilst not holding the protected characteristic, are also disadvantaged.
Indirect associative discrimination
Indirect associative discrimination
Indirect associative discrimination
Indirect associative discrimination is where a neutral provision, criterion or practice is applied by the employer which puts people with a protected characteristic at a particular disadvantage, and puts another person (who does not possess the protected characteristic) at a disadvantage too.
Perceived discrimination
Indirect associative discrimination
Perceived discrimination
Perceived discrimination involves treating someone less favourably because it’s perceived (or assumed) that they have a 'protected characteristic', whether they do or not.
Victimisation
Indirect associative discrimination
Perceived discrimination
Victimisation occurs when someone is subjected to a detriment because they’ve made or supported a complaint of discrimination, raised a grievance about discrimination or supported another in doing so.
A comparator isn't required for a claim of victimisation, as the question is whether the person raising the complaint of victimisation has been subjected to a detriment because of their complaint or support of another. The motive for the treatment is key factor
See our page on Victimisation for more details