Disability Discrimination

Under the Disability Discrimination Act 1995 (DDA 1995), disabled people are protected against discrimination in the work place. The DDA 1995 stipulates that:-

• it is illegal for a disabled person to be treated less favourably for a reason relating to their disability and;
• there is an obligation upon employers to make reasonable adjustments to working conditions or to the workplace where these would help a particular disabled employee.

The types of discrimination are:-

• Direct Discrimination. This occurs where an individual is treated less favourably on the grounds of their disability.
• Indirect Discrimination. This is the application of a criterion, provision or practise which disadvantages disabled people.
• Harassment. This is defined as “unwanted conduct that has the purpose or effect of violating a person’s dignity or creates an intimidating, hostile or offensive environment” for them.
• Victimisation. This is less favourable treatment of an individual who has raised or intends to raise a complaint or allegation of discrimination on the grounds of disability.

The above legislation applies to disabled job applicants and workers and affects all aspects of the employment relationship.

Race Discrimination

Under the Race Relations Act 1976 (as amended) it is illegal to treat an individual less favourably than others on the grounds of their race.

Race Discrimination legislation applies to job applicants and workers, and covers all aspects of employment, from recruitment to pay, and training to the termination of a contract. There is an exception where a job may be restricted to people of a particular race or ethnic or national origin, if it is a genuine occupational qualification for the job. This may apply, for example to a photographic model or actor where a person of a particular racial group is required for reasons of authenticity.

The legislation refers to four different types of discrimination:-

• Direct discrimination. This occurs when an individual is treated less favourably on racial grounds.
• Indirect discrimination. This is the application of criterion, provision or practise that may disadvantage individuals of one racial group, unless it can be objectively justified.
• Harassment. This is defined as “unwanted conduct that has the purpose or effect of violating a persons dignity or creates an intimidating, hostile or offensive environment" for them.
• Victimisation. This prevents less favourable treatment of an individual who has raised a complaint (either internally or to an Employment Tribunal) about race discrimination.

If you think that you may have been treated less favourably, harassed or victimised on the grounds of your race, we can advise you as regards the merits of any claim.

Religion or Belief

Under the Employment Equality (Religion or Belief) Regulations 2003 it is illegal for individuals to be subjected to less favourable treatment on the grounds of their religion or belief.

Religion or belief is described within the legislation as being any religion, religious belief or similar philosophical belief. It will be for the Employment Tribunal and Courts to decide whether a particular belief is covered by the Regulation.

The Regulations outline four unlawful activities:

• Direct discrimination. This occurs when an individual is treated less favourably than others because of their religion or belief, or lack of religion or belief.
• Indirect discrimination. This is where a criterion, provision or practice is in place which disadvantages people of a particular religion or belief, unless it can be objectively justified.
• Harassment. This is defined as "unwanted conduct that has the purpose or effect of violating a person’s dignity or creates an intimidating, hostile or offensive environment" for them.
• Victimisation. This occurs when an individual is subjected to less favourable treatment because they have made or intend to make a complaint or allegation of discrimination on the grounds of religion or belief or lack of religion or belief.

Sex Discrimination

Under the Sex Discrimination Act 1975 (as amended) it is unlawful for employers to discriminate on grounds of sex, marital status, pregnancy, maternity leave or gender reassignment.

Four types of discrimination are identified as unlawful under the legislation:

• Direct discrimination. This occurs when an individual is treated less favourably than others because of their sex.
• Indirect discrimination. This is where a criterion, provision or practice is in place which disadvantages people of a particular sex, unless it can be objectively justified.
• Harassment. This is defined as "unwanted conduct that has the purpose or effect of violating a person’s dignity or creates an intimidating, hostile or offensive environment" for them.
• Victimisation. This occurs when an individual is subjected to less favourable treatment because they have made or intend to make a complaint or allegation of discrimination on the grounds of sex.

Sex discrimination covers all aspects of the employment relationship, including job applicants and those whose employment has been terminated.

Sexual Orientation

Under the Employment Equality (Sexual Orientation) Regulations 2003 it is unlawful for employers to discriminate against employees because of their sexual orientation.

Legislation protects those whose orientation is towards someone of the same sex (lesbians or gay men), opposite sex, (heterosexual) or both sexes (bisexual) or someone who has an association with any of the above.

Age Discrimination

Age discrimination is outlawed in employment and vocational training.

This impacts upon employment practices and procedures from the recruitment stage through to retirement.

Trade Union Membership

There are various pieces of legislation which protect workers against discrimination either because they belong or do not belong to a Trade Union.

For example, it is unlawful:-

• To be chosen for redundancy because of membership or non membership of a Trade Union.
• For an employer to advertise a job specifying membership or non membership of a Trade Union.

Further Information

For further information contact our team or your usual contact in the firm.