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Discrimination of any kind in the workplace is wrong. However according to the legal framework discrimination will amount to unlawful conduct where an employer treats their employee differently because of their age, disability, race, religion or belief, sex or sexual orientation, pregnancy or maternity.
Discrimination could occur in one of four ways
1. Direct discrimination – occurs where a person is treated less favourably whether because of sex or another protected characteristic. There is no legal requirement to prove intention behind the discriminatory treatment; discrimination can be unconscious
2. Indirect discrimination – arises where an employer’s policies or practices an employer at a substantial disadvantage, and the policy / disadvantage cannot be justified under the law
3. Harassment – can be specifically sex related or can be a conduct which violates dignity in that it creates a hostile environment and/or causes an employee to feel degraded and intimidated
4. Victimization – occurs where an employee receives retaliatory treatment for making a complaint or bringing a grievance
Under the Equality Act 2010, an employer would be acting unlawfully if by reason of their actions the employee suffers direct discrimination, indirect discrimination, victimization and harassment specifically relating to their age. The Equality Act 2010 prohibits an employer from treating any employee differently because of their age.
Discrimination in the work place on the grounds of sex has been unlawful since 1975. The current legislative provisions are contained in the Equality Act 2010.
PREGNANCY AND MATERNITY DISCRIMINATION
Pregnancy and/or maternity discrimination occurs when a woman suddenly finds that they have been made redundant whilst on maternity leave or demoted on their return. This type of discrimination is prohibited under the Equality Act 2010. At Matt Rowland Solicitors our Employment lawyers are well experienced and can provide advice if you have been subjected to pregnancy or maternity discrimination.
It is unlawful for a person to discriminate or subject another person to different treatment on the grounds of race. According to the Equality Act 2010, a discrimination on racial grounds will include treating a person differently or less favorably because of their color, nationality, ethnic or national origins.
It is unlawful to discriminate against disabled persons in employment and other areas. According to the Equality Act 2010, a person is defined as having a disability if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out day-to-day activities.
WHISTLE-BLOWING AT WORK
It is unlawful for an employer to subject a worker to a detriment or dismissal for making a protected disclosure. Such a dismissal will be automatically unfair and there is no qualifying period of employment.
If you have been subject to discrimination in the work place, our expert employment law solicitors can provide you with the legal advice you require to start your claim. Call us today or request an free 30 minutes consultation.
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