The Equality Act 2010 set in place laws which protect people from discrimination at work and established 9 protected characteristics. So how do we define what discrimination actually is?
Discrimination Overview
The 9 protected characteristics set out in the Equality Act 2010 are:
- Age
- Disability
- Gender Reassignment
- Marriage and Civil Partnership
- Pregnancy and Maternity
- Race
- Religion or Belief
- Sex
- Sexual Orientation
And if someone is treated less favourably than another person because of one of these protected characteristics then that is when discrimination may have occurred. We have used the word “may” there because in some very limited circumstances it is permissible to treat someone less favourably. That said you need to be extremely careful and have a clear, documented rational which you must be able to demonstrate is a proportionate means of achieving a legitimate aim. The circumstances when you can treat someone less favourably come under the scope of what is known as positive action to assist underrepresented or disadvantaged groups, objective justification and when there is a genuine occupational requirement. You should always though avoid any words or actions which discriminate and result in less favourable treatment.
Direct Discrimination
There are actually three types of direct discrimination which are broken down as follows. First of all, there is ordinary direct discrimination is when an individual is the victim of less favourable treatment because of one of the 9 protected characteristics that they have. The second type of direct discrimination is discrimination by association. This occurs when someone is discriminated against because of their association with a person or group of people who have a protected characteristic. The third and final form of direct discrimination is discrimination by perception. This happens when an individual is discriminated against because the perpetrator of the discrimination perceives that the individual has a particular protected characteristic when in fact they don’t.
Indirect Discrimination
Indirect discrimination can be slightly more difficult to comprehend as direct discrimination is more widely understood and more obvious when it occurs. Indirect discrimination takes place when there is a policy, rule or practice which is applied in the same way to everyone but which actually has a detrimental and unfavourable impact on certain people because of a protected characteristic. It is vital therefore that employers regularly review their policies and procedures and assess the potential impact on all staff. Indirect discrimination oftens starts out as something that has been done unintentionally but when issues are brought to an employer’s attention that a policy, rule or practice may indirectly discriminate they should take immediate action to rectify it.
Preventing Discrimination
Employers should have clearly defined policies in order to deal with any aspect of discrimination which may occur in the workplace. These policies should be communicated widely within the business so that employees understand their responsibilities and what action the company will take if there are allegations of discrimination. Creating a positive, respectful and inclusive workplace culture is also important as that is likely to minimise the risk of discriminatory comments or behaviours. In addition, companies may be wise to invest in training for their teams so that they understand the law around discrimination and the impact that it can have on people. Training for managers in spotting and dealing with discrimination would be useful as well. Ultimately an employer can be held vicariously liable for the discriminatory actions of its employees if that discrimination takes place in the course of employment. With that in mind employers should take reasonable steps to prevent discrimination and ensure that their workplace is a positive environment for all.
Do you have any questions about todays blog, need help in becoming legally compliant with contracts/policies or can we support you in taking away any people pains to give you peace of mind?
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Why not also check out our blog on a similar topic Pregnancy Discrimination – thought it was a thing of the past?
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