Discrimination

There are a few main types of unlawful discrimination that you need to be aware of.

• Direct discrimination - when someone treats someone else less favourably than they treat others, because of a protected characteristic. Most simply explained, this is when someone isn’t given the same opportunities, respect, or conditions for volunteering or employment.
  1. Direct discrimination by association – This can happen when people are treated less favourably because of a protected characteristic that they don’t personally possess. For example, a manager has promised their staff member a promotion but then withdraws it because they learn that one of the employee’s children has a disability and assumes that the extra responsibility will be too much for them. This could be discrimination because of the employee’s association with someone who has a disability.
  2. Direct discrimination by perception – This form of discrimination is where someone receives unfavourable treatment as others believe they possess a protected characteristic – even though they don't. For example, a colleague is 38 but they look about 25 – and as a result, an employer doesn’t choose them to represent the organisation at an important meeting, because they assume the colleague is too young. The employee has been discriminated against because of their perceived age.
• Indirect discrimination – this is often less obvious and is normally unintended. It can happen when people with a protected characteristic are put at a disadvantage because a rule, policy, or procedure excludes them. For example, a person who grew up overseas has just moved to the UK. When they apply for a job, the application states that applicants MUST have UK qualifications - this indirectly discriminates against the applicant on the grounds of their race.
• Positive discrimination – is not mentioned specifically in the Equality Act, but in the work place it’s understood as when someone favours under-represented individuals from minority groups over those in majority groups, without carefully considering their merit. In this case, positive discrimination is unlawful in England, Scotland, and Wales.

Harassment

Harassment is unwanted behaviour related to a protected characteristic which has the purpose or effect of violating someone’s dignity or, which creates a hostile degrading, humiliating or offensive environment. Someone is being harassed if they feel repeatedly intimidated, pressurised, humiliated, offended, or frightened by someone else’s behaviour towards them because of a protected characteristic.

Harassment can be verbal, written, or physical, including sexual.

Someone is protected if they are harassed because of their age, race, sex, disability, religion or belief, sexual orientation, and if they plan to, are, or have undergone gender reassignment.

Marriage and civil partnership, and pregnancy and maternity, are not protected from harassment specifically.

Victimisation

It is unlawful to victimise someone. Victimisation is when someone is mistreated or put at a disadvantage because they have confronted or reported discrimination; sometimes they are mistreated because it is just suspected they may report it. Victimisation can also happen to someone who is supporting someone else’s claim of discrimination. If their report is made with honesty and in good faith - a person is protected in all these scenarios - even if some evidence is proven to be inaccurate later down the line. An employee is not protected however if they make a false claim or support a claim in bad faith.