Employees Discrimination
Discrimination legislation protects individuals with “protected characteristics” from being subjected to unfair treatment.
What is a protected characteristic?
Protected characteristics include age, disability, gender reassignment, marriage or civil partnership, race, religion or belief, sex and sexual orientation.
What could I do if I feel that I am being discriminated against?
Raising any form of complaint can be very stressful and upsetting. In our experience, employees have often endured a long period of unreasonable behaviour before they seek advice, at which point their confidence in their ability to perform their role has diminished and they have had no option but to be signed off work.
An employer should have policies and procedures in place which set out how a complaint should be raised, for example, in an equal opportunities policy or grievance procedure. An informal approach may be taken in the first instance and in the hope that the problem can be resolved as swiftly and as amicably as possible. This can help to repair any damaged relationships at an early stage. However, there are occasions when an informal approach is unsuccessful or inappropriate. In these situations, a more formal approach might be necessary, such as raising a grievance.
What if I am unhappy with the outcome of the decision made by my employer?
An employee may be able to issue a complaint at an employment tribunal in respect of discrimination (in addition to any other relevant claim). Grievance complaints and claims are time sensitive.
What can my employer do to prevent discrimination problems from arising?
An employer should do everything that they can to avoid discrimination (bullying, harassment and victimisation) from arising in the first place. This can be achieved in a number of ways, for example, providing training to the workforce or having an equal opportunities policy in place which is clearly communicated. The workforce should understand what may amount to discrimination and that it will not be tolerated. An employer has a duty of care to all of its employees and taking proactive steps to prevent discrimination from arising.
What is an equal opportunities policy?
An equal opportunities policy should clearly outline a number for things, for example, what discrimination is and what should be done when a complaint arises. Employees should have the confidence to be able to raise issues without fear of repercussions and employers should not be allowing any form of unacceptable behaviour to take place.