The law on discrimination is often confusing and you may have a discrimination claim without realising it. 

We regularly advise individuals who have complaints against their employer that include elements of discrimination. In order to advise on this complex area of law you need to be dealing regularly with it. 

The law protects you if you have a “protected characteristic” and goes on to provide that you cannot be treated in certain ways. The various protected characteristics are; religion or belief, gender reassignment, disability, marriage and civil partnership, pregnancy and maternity, sex, age, race and sexual orientation.

Direct.  This is where, because of your protected characteristic, you are treated less favourably than others who do not share the protected characteristic.

Indirect.  This is where, for a seemingly impartial reason, your employer imposes a rule on everyone, but you have a protected characteristic and are put to a disadvantage by reason of the rule.

Harassment.  This is where, because of your protected characteristic, your dignity is violated or there is an intimidating, hostile, degrading, humiliating or offensive environment for you to work in.

Victimisation.  This only applies if you have raised (or supported a colleague in raising) complaints of discrimination. If you have made (or supported) such complaints and are subjected to a detriment, that treatment will count as victimisation (as well as further evidence of discrimination).

Disability discrimination has two further ways in which an employer can discriminate. These are discrimination arising from your disability and a failure to make reasonable adjustments.  

There may be discrimination arising from your disability where the treatment towards you is not your disability itself, but something arising in consequence of your disability, for example, if you are dismissed for excessive absence where the absence is caused by your disability.

A failure to make reasonable adjustments is harder for employers to protect against as there is no prescribed list of what amounts to a reasonable adjustment and every disability and situation is different. Common adjustments could include a phased return to work, alleviating you of work to reduce stress, working from a different location (including your home), extended breaks etc.

If you have any concerns around discrimination, we encourage you to seek specialist legal advice from us as early as possible to ensure your position is protected.