An Introduction to Workplace Discrimination

Discrimination means treating some people differently from others. It isn't always unlawful - after all, people are paid different wages depending on their status and skills. However, there are certain reasons for which your employer can't discriminate against you by law.

What is discrimination?

Discrimination happens when an employer treats one employee less favourably than others. It could mean a female employee being paid less than a male colleague for doing the same job, or minority ethnic employee being refused the training opportunities offered to white colleagues.

There are specific laws against some types of discrimination (called 'unlawful discrimination'). If your employer treats you less favourably for an unlawful reason, you may be able to take action. If your employer treats you unfairly for any other reason, this is not unlawful discrimination (to find out what you can do in these situations - see below).

There are laws against discrimination because of:
- gender
- marital status
- gender reassignment
- pregnancy
- sexual orientation
- disability
- race
- colour
- ethnic background
- nationality
- religion or belief
- age

Apart from the discrimination laws mentioned above there are laws which forbid workers from being dismissed or treated less favourably than other workers because of:
- working part time
- working on a fixed term contract

Types of discrimination

Legislation protects employees from discrimination of different types.

Direct discrimination
Direct discrimination happens when an employer treats an employee less favourably because of, for example, their gender or race. (So it would be direct discrimination if a driving job was only open to male applicants).

Indirect discrimination
Indirect discrimination is when a condition that disadvantages one group of people more than another is applied to a job. For example, saying that applicants for a job must be clean shaven puts members of some religious groups at a disadvantage.

However the law does allow employers to discriminate indirectly if they can show a good reason for having the condition. For example, the condition that applicants must be clean shaven might be justified if the job involved handling food and it could be shown that having a beard or moustache was a genuine hygiene risk.

Harassment and victimisation
Harassment means offensive or intimidating behaviour - sexist language or racial abuse, for example - which aims to humiliate, undermine or injure its target.
Victimisation means treating somebody less favourably than others because they tried to make a discrimination complaint

Read about Bullying in the Workplace

Being treated unfairly for other reasons
If you are treated unfairly but it is not for one of the reasons listed above, it may be that you are being bullied. Bullying should never be acceptable in the workplace, find out what you might be able to do about it.

If you are trying to take up your statutory rights and your employer treats you unfairly for this, you may be able to take legal action. For example, your employer is not entitled to mistreat you because you've asked to be paid the National Minimum Wage.

Other rights where you are protected from being mistreated because you have asked for them in good faith include:
- rights to a written statement of employment particulars
- protection from unlawful deductions from wages
- rights to paid holiday
- limits on your working hours
- the right to join a trade union

You can purchase employment documents and Employment Policies online