What types of discrimination are unlawful?

Discrimination which is considered to be unlawful comes from the Equality Act 2012 which contains various personal characteristics that are protected by law, and certain behaviours which are unlawful.

Here are the protected characteristics:

• Age
• Race
• Sex
• Sexual orientation
• Marriage and civil partnership
• Pregnancy and maternity
• Religion and belief
• Disability
• Gender reassignment

And here are the unlawful behaviours:

• Discrimination
• Harassment
• Victimisation
• Instructing, causing & inducing discrimination

Read on to find out more…
What is discrimination?

Treating one person (or group) worse than another because of a protected characteristic

• Direct discrimination: Being treated differently from other people because you have certain physical and personal characteristics
• Indirect discrimination: When you’re part of a certain group that has been disadvantaged because of a practice, policy, or rule that’s applied to everyone

• Harassment – When you suffer unwanted behaviour that makes you feel intimidated, degraded, humiliated or offended

• Victimisation ­– if you have been treated differently or unfairly as a result of complaining about discrimination

Examples of Discrimination

For discrimination to be unlawful, it must be based on one of the protected characteristics listed above. For example: 

• Pregnancy & maternity discrimination: Being treated unfavourably at work or outside work just because you’re pregnant, breastfeeding or have recently given birth
• Disability discrimination: Being treated unfairly because of your disability, such as not getting the access, equipment or adaptations you need
• Gender reassignment discrimination: Being discriminated against because you need to take time off work when you’re going through a sex change

What is harassment?

Unwanted conduct or environment that offends you, such as abusive comments, graffiti or gestures that violate your dignity or make you feel distressed or intimidated. This includes creating an environment that is hostile, degrading, humiliating or offensive

• Example 1: Your employer displays a sexually explicit calendar and refuses to take it dow
• Example 2: Racist ‘jokes’ are common in the company culture, including social media posts and comment
• Example 3: Someone makes unwanted sexual advances towards you, or touches you inappropriately 

What is victimisation? 

Treating you unfavourably because you are taking action under the Equality Act or supporting someone else to do so

• Example 1: You complained to your employer about sexual discrimination and as a result you missed out on a promotion
• Example 2: You complained to the school about treatment of your disabled daughter, and as a result you were asked to leave the PTA
• Example 3: You were a witness in a discrimination claim against your local butcher (even if it was years ago), and as a result they won’t serve you any more

What is instructing, causing & inducing discrimination?

Telling someone to discriminate, harass or victimise someone else, or making them do so (whether or not it happens) 

• Example 1: A vendor raises the house price because they don’t want to sell to someone with your racial background
• Example 2: You work for a doctor who asks you not to register patients from the local gypsy and traveller site, and you’re disciplined when you refuse 

Have you been affected by any of these?

The Equality and Human Rights Commission website says:

“It is up to a court to decide if a particular set of circumstances break the law. If you are considering legal action we suggest you find a solicitor or lawyer to help you with your case.”

We’re employment law specialists, so talking to us would be a good place to start.

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