Workplace discrimination is always unacceptable and should not be tolerated. Read the following article to know your rights and what you can do if you feel you are being discriminated against.
The most recent document detailing what does and doesn’t count as discrimination is the Equality Act 2010. This lists certain ‘protected characteristics’ which people cannot be discriminated against for possessing. The protected characteristics are: gender, marriage or civil partnership, gender reassignment, pregnancy, sexual orientation, disability, race, colour, ethnic background, nationality, religion and age. Discrimination isn’t always unlawful however, as employers are allowed to discriminate against those who do not have the skills or attributes needed for a specific role or promotion.
There are two types of illegal discrimination:
- Direct Discrimination: When someone is treated less favourably because of a protected characteristic. For example, your employer says he/she will not promote you because you are ‘too old’.
- Indirect Discrimination: When a person is disadvantaged by some criteria which exclude people with a protected characteristic. E.g. a job advertised for ‘recent graduates’ may restrict older people, and a job requiring employees to be ‘clean shaven’ may restrict members of some religions. This type of discrimination is illegal whether it is intentional or not.
Both types of discrimination are justified only under exceptional circumstances, for example a job requesting applicants to be clean shaven may be justified in a food preparation environment where a beard presents a hygiene risk.
If you think you have been a victim of discrimination there are several actions you can take. If you can, you should first talk to your superior informally to see if the issue can be unofficially resolved. If this doesn’t work or is not possible, the first step should be to write a letter to your boss setting out the details of your grievance, and stating how you would like your employer to resolve the problem. You should make sure your letter is dated and that you keep a copy. Be clear on what you see as discrimination and give examples.
If a letter or informal talk is ineffective, the next step should be to make a formal complaint. You should be able to find your employer’s grievance procedures in your company handbook, or employment contract.
Your employer’s grievance procedure is likely to include the following steps:
- Writing a letter to your employer setting out the details of your grievance
- A meeting with your employer to discuss the issue
- The ability to appeal your employer’s decision.
If you are unable to reach a solution directly with your employer, you could get help from a mediation service; there is a free mediation service for discrimination problems called the Equalities Mediation Service who can help to work out both sides of the dispute – though your employer must first agree to use this service. If you are still unsure of what to do, or unsure whether your grievance counts as discrimination under UK employment law, the Equality and Human Right Commission or Citizens Advice Bureau can provide you with free impartial help and advice.
