Discrimination at Work

The law says that there are four different types of behaviour that would breach UK employment law.

• Direct discrimination – this might have taken place if you are treated badly at work as a direct result of having a “protected characteristic”.  For example, if you are demoted, or receive a pay cut, because you have become pregnant.
• Indirect discrimination – indirect discrimination occurs if you are treated negatively at work in a way that is indirectly linked to your protected characteristic. For example, if you are a woman who cannot work full time due to childcare responsibilities and the organisation that you work for decides not to pay any bonuses to part-time employees, this might be indirect discrimination.  Indirect discrimination can occur in lots of different circumstances.  It might not be immediately obvious if this type of discrimination is taking place, and a solicitor may be able to assist you in exploring this further.
• Harassment – if you are treated in a way that makes you feel intimidated, humiliated or degraded at work because of a protected characteristic, this may be harassment.  Whether the circumstances are intimidating, humiliating or degrading depends on how the situation makes you feel, rather than the intentions of those who might be making you feel this way.  Again, speaking to a specialist employment solicitor about the situation might help you to gain perspective on whether harassment is taking place and, if it is, how to manage the situation if you choose to bring a claim.
• Victimisation – if you are treated in a negative way at work because you have done something such as brought, or threatened to bring, an employment tribunal claim, helped a colleague to bring an employment tribunal claim or have complained about treatment at work that you consider to be discriminatory, you may be being victimised.  Victimisation can arise in a wide range of circumstances and it is worth speaking to an employment law solicitor if you think that you might be being victimised.

Discrimination claims for the four different types of discrimination – direct, indirect, harassment and victimisation – can be brought alongside each other. Quite often, an employee or worker can be subject to more than one type of discrimination. In addition, if you are disabled, you are also protected from discrimination arising from your disability. Compensation for a successful discrimination claim can often be substantial because there is no compensation cap, unlike unfair dismissal.