Dealing with discrimination
Every individual in society should be treated with respect and be able to develop their potential without being discriminated against.
The Equality Act 2010 brings together all of the earlier laws protecting people in the UK from discrimination.
This article outlines how the law protects you from discrimination in the workplace. It outlines the main aspects of the law dealing with the following equal opportunity issues:
- age
- disability
- pregnancy and maternity
- race
- religion and belief
- sex
- sexual orientation
Discrimination can be:
- direct - such as being refused a job because because of, for instance, your age, race or religion; or not being ecouraged to take a training course for similar reasons - but note that there is sometimes a 'genuine occupational requirement', such as being a waiter in an ethnic restaurant, counselling for a gay organisation, or working in a faith-based care home
- indirect - such as employers having a job requirement which, for example, disadvantages people from other countries by asking for a higher level of spoken English than the job needs; or people of a particular sexual orientation by advertising for a husband and wife team to run a bar; or having a rule which says 'no headwear' so that some people could be excluded.
Harassment and victimisation at work (or elsewhere) whether it is deliberate or not, on the grounds of any equality issue, is also an offence.
If you feel that you have suffered discrimination or you have been harassed, you should speak to your line manager or employer in the first instance. You can get advice from your trade union, if you have one.
If you still have problems, you can complain through your employer’s disciplinary and grievance procedures. You may have a fellow worker or trade union official with you at any interviews. You may also take your case to an Employment Tribunal in certain circumstances.
The Equality and Human Rights Commission (EHRC) protects, enforces and promotes equality and provides a single point of contact to tackle discrimination on all of the grounds noted above.
You could contact the EHRC for advice:
Commission for Equality and Human Rights Scotland
Helpline: 0845 604 5510 (8am - 6pm, Monday to Friday)
Textphone: 0845 604 5520
Web: http://www.equalityhumanrights.com/
Other useful websites
The Citizens Advice Bureau's website Adviceguide provides very useful information about how to protect yourself from discrimination.
ACAS (the Advisory, Conciliation and Arbitration Service) aims to improve organisations and working lives through better employment relations. They provide useful information and advice services to employers and workers. They operate a free impartial helpline at 08457 47 47 47 (8am-8pm, Monday to Friday and 9am - 1pm on Saturday), which provides advice on equality issues, including discrimination. You can ask to speak to an adviser in a language other than English if this would be helpful.
Directgov, the UK government's public information website, has a section on 'Discrimination at work'.
One Workplace, a Scottish Trades Union Congress (STUC) website, has useful information on how to recognise discrimination in the workplace.
Age
The Equality Act of 2010 says that it's illegal for employers and training providers to discriminate against workers, employees, job seekers and trainees because of their age, unless they can provide clear evidence that they have a very good reason for doing so. For example, for legal reasons bar staff serving alcohol must be at least 18.
The law applies to people of all ages, including young people. Employers can no longer force workers to retire simply because of age. The default retirement age of 65 has been abolished.
Useful websites
Age Scotland, the leading charity for all older people in Scotland.
The Age and Employment Network, a not-for-profit organisation promoting age management policies in the UK.
Worksmart, the Trades Union Congress (TUC) website on working life.
Disability
Someone has a disability if they have a physical or mental impairment which has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities.
Most of the Disabilility Discrimination Act (DDA) has been replaced by the Equality Act 2010. It protects disabled job seekers and employees against discrimination and gives them rights in terms of employment and education.
The Equality Act makes it illegal for employers to ask job applicants about their health or disability before offering them a job, unless they may need to make reasonable adjustments so that the applicant can attend an interview. And, employers have to make reasonable adjustments to the workplace or working conditions if these would help a successful job applicant with a disability to take on the job.
Useful website
Update, Scotland's national disability information service.
Pregnancy and maternity
It is illegal for employers to discriminate against you if you are pregnant or or maternity leave. You are entitled to:
- reasonable paid time off for antenatal care
- protection against unfair treatment or dismissal
statutory maternity leave and pay
protection against changes to your working terms and conditions without prior agreement
protection against risks to your (and your unborn baby's) health and safety in the workplace.
Useful websites
Directgov, the UK Government's public information website.
Maternity Action, a national charity working to end inequality and promote health and wellbeing for pregnant women.
Fawcett Society, the UK's leading campaign for equality between men and women.
Sex discrimination
It is illegal to discriminate against you on the grounds of your sex or gender. This includes discrimination relating to:
- recruitment and selection for jobs
- pay rates
- access to training and development
- selection for promotion
- discipline and grievances
- terminating an employment contract
- dealing with bullying and harassment.
Women and men, regardless of their contracts, have a legal right to equal pay and benefits for doing the same job or work of equal value.
In Scotland, public bodies, and private and voluntary sector bodies receiving funding from them, must have policy statements relating to the equality and equal pay.
Sometimes sex discrimination is not obvious. For example:
- a woman might be on a lower grade, with a different job title, than a man doing the same work
- a woman on maternity leave might miss a bonus or pay rise which a male colleague got
- an employer might reward a male colleague for working late at short notice, which a woman with childcare responsibilities could not do.
Useful website
Close the Gap, a Scottish partnership project concerned with the gender pay gap.
Race
Under the Equality Act 2010 discrimination on the grounds of colour, nationality (including citizenship) and ethnic or national origin is illegal.
Jobs can only be restricted to people of a specific race or ethnic origin if this is a genuine occupational requirements. This applies to very few jobs, for example a black actor may be required for a specific role in a play that depicts a black character.
The Equality and Human Rights Commission (EHRC) deals with complaints about incidents which breach the Act. Many of these complaints relate to work matters.
Useful website
ACAS
Sexual orientation
The Equality Act 2010 outlaws discrimination, whether direct or indirect, in employment or training, on the grounds of sexual orientation. This relates to:
- people of the same sex (lesbians and gays)
- people of the opposite sex (heterosexuals)
- people of the same and opposite sex (bisexuals).
It also covers discrimination on the grounds of:
- perceived and actual sexual orientation (assuming, rightly or wrongly, that a person is lesbian, gay, heterosexual or bisexual)
- association (assumptions based on the sexual orientation of those you associate with such as your friends or family).
Useful website
ACAS
Religion or belief
It is illegal to discriminate on the grounds of religion or belief.
The law covers discrimination on the grounds of:
- perceived and actual religion or belief (assuming, rightly or wrongly, that someone has a particular religion or belief)
- association (assumption, rightly or wrongly, on the grounds of the religion or belief of those you associate with such as your friends or family).
The regulations do not protect you against discrimination on the grounds of belief not akin to a religion or similar philosophical belief. For example, if you are a fanatical supporter of a particular football club, or support a political party because of strongly held views, this does not count.
Employers must treat all job applicants and employees equally regardless of their religion or belief.
Useful website
ACAS
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