Personal Law > Employment > Discrimination

Discrimination

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There are various types of discrimination in the workplace, which include direct discrimination (less favourable treatment because of a protected characteristic), indirect discrimination (when an organisation’s practices affect a person with a particular characteristic) harassment (related to a protected characteristic) and victimisation (often as a result of alerting or assisting a person experiencing discrimination). If you’re feeling discriminated against, we can advise on the best course of action.

Types of discrimination

Tthe Equality Act 2010 protects against discrimination relating to certain listed characteristics that people may possess. Termed ‘The Equality Act 2010 protected characteristics’, these are defined as the following:

  • Age

  • Disability

  • Gender reassignment

  • Marriage and civil partnership

  • Pregnancy and maternity

  • Race

  • Religion or belief

  • Sex

  • Sexual orientation

Acts of discrimination might range from a one-off act or comment, to a systematic course of bullying and unfavourable treatment. Under employment law, the different forms of discrimination are classified as follows:

Direct discrimination 
This is when someone is treated less favourably because of a protected characteristic. For example, paying someone less because of their sex or overlooking someone for a promotion because of their race.

Indirect discrimination 

This is when a practice, provision or criteria is applied to everyone but adversely affects those with a particular protected characteristic. For example, a requirement that an applicant for a job has 20 years experience in the field could represent indirect discrimination on the grounds of age, if it could not be justified.

Victimisation 
This is when a person is subjected to a detriment for complaining about discrimination or for helping someone who has been the victim of discrimination. For example, a person who raises a grievance about discriminatory treatment is then continually refused a pay-rise.

Harassment 
This is when a person is subjected to unwanted conduct because of a protected characteristic, which has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment. For example, a manager continually makes inappropriate comments regarding a colleague’s appearance.

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Frequently Asked Questions

The reason you are hiring an employment law specialist is that you want to protect your career reputation and livelihood, not to mention your fundamental employment right. This is why you should not let fees stop you from seeking help and getting the compensation you deserve. At Foys, we can alleviate your concerns when it comes to fees. We are happy to explore all possible ways to fund your case, which may include fixed fees, insurance funding, or no win no fee contracts. We also offer an initial FREE consultation. This gives us a chance to discuss all aspects of your case, answer your questions, assess your options, and advise the best course of action going forward.
Employment law is an area of law that comprises all elements of employment, ranging from contract grievances and harassment to redundancy and unfair dismissal. This law serves to protect the rights of employees and prevent discrimination in the workplace. Given the complexity of this law, our expert team of highly-skilled employment advisors can provide proficient legal advice and assistance with taking legal action against your employers and guide you through the process of seeking compensation. After many years of handling employment cases, we understand that no two cases are the same. We aim to support your case from start to finish, ensuring that your interests are protected, and your voice is heard and respected.
Designed to resolve employment disputes between employers and employees, an employment tribunal is often the first avenue you explore when you believe you’ve been unfairly dismissed, discriminated against or been made redundant. In theory, you don’t need a lawyer to represent you at an employment tribunal, but in practice, 86% of claimants were represented by a lawyer in 2016/17, according to the Ministry of Justice. With your career reputation and your income at stake, having a qualified advisor representing you in the tribunal process can make all the difference. We understand that the tribunal process can be a stressful time, and promise to assist you with preparing for your case, calling witnesses and attending hearings. It is possible that a tribunal claim may forever alter the relationship between you and your employer. This is why we recommend attempting to conciliate before taking your case to the tribunal. However, if the other party doesn’t want to negotiate, we’re prepared to fight for you

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Alivia Dodson

Alivia Dodson

Trainee CILEX Lawyer, Dispute Resolution

Personal Law

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