Dealing with discrimination at work

Everyone has the right to be treated fairly at work. If you think you're being discriminated against, read on to find out more about your legal rights and how you can deal with the problem.

What does the law cover?

There are discrimination laws that cover the following areas.

Age

It's against the law to be treated unfairly at work because of your age. Some jobs require work experience, but you should generally be judged on your skills and expertise, rather than how many years you've worked.

Race

Wherever you were born, wherever your parents came from, whatever your skin colour, you have the right to be treated equally at work.

Gender

Jobs, training schemes and apprenticeships must be open equally to women, men and transgender people. Pay and benefits must also be offered on the same basis.

Sexual orientation

You shouldn't be disadvantaged because you're gay, lesbian, bisexual or straight. It's against the law for an employer to treat you unfairly because of your sexuality.

Disability

If you have a physical or mental impairment, you're protected against discrimination. All employers have to make reasonable adjustments, provide support and make the workplace accessible.

Religion and belief

Your religion or belief shouldn't be used against you at work.

Discrimination laws cover all aspects of employment including:

• Recruitment and advertising
• Employment contracts
• Pay and benefits
• Promotion and training
• Dismissal and redundancy

Am I being discriminated against at work?

It's not always easy to spot discrimination as there are several kinds, some of which are subtle and even unintentional.

Direct discrimination is when you're treated less favourably than someone else in the same situation. Cases include an Asian man not shortlisted despite having similar qualifications to the successful candidate, and a female teacher paid less than her male colleagues. Direct discrimination is often based on blatant prejudice and stereotypes, such as the 19-year-old administrative assistant sacked for being too young.

Indirect discrimination can be more subtle, such as an arrangement that unfairly limits the chances of one particular group. For example, an advert for a married couple to run a pub could be seen as putting same sex couples or civil partners at an indirect disadvantage. Discrimination can include making you dress in certain ways, or work at times that are against your religion.

What else does the law protect me from?

Harassment is against the law if your employer picks on you because of your age, race, gender, disability, sexual orientation or religious beliefs. You should not be treated in ways that you find humiliating or distressing.

Victimisation happens when you're treated worse at work because you've made a complaint or supported someone else taking action.

Not making reasonable adjustments counts as discrimination. Employers have a duty to make changes to the workplace so disabled people are not disadvantaged.

It can be difficult to separate discrimination from other factors. You may need advice from your local Citizens Advice Bureau or Law Centre to work out whether the treatment you've experienced counts as discrimination from a legal point of view.

What can I do about discrimination at work?

Don't suffer in silence. You have the right to be treated fairly and anyone who discriminates against you is breaking the law. At every stage, keep a written record of what happened and what was said at any meetings. Keep copies of letters and emails.

It's usually best to start with an informal complaint. Sometimes employers don't realise there's a problem and they might be able to quickly sort things out. You should be able to raise the issue through your line manager, or by contacting the HR or personnel department. If you're a member of a trade union, ask them for advice.

If this doesn't work, the next stage is a formal complaint. Ask for a copy of your employer's grievance procedure. If they don't have one – or won't give you a copy – go ahead and put your complaint in writing anyway. The employer should then arrange a meeting where you can explain why you think you've been discriminated against. They may want to investigate further before making a decision.

You can also get help and mediation at this stage through the Advisory, Conciliation and Arbitration Service (Acas) and the Equality and Human Rights Commission helpline.

As a last resort, you can go to an Employment Tribunal. You usually have to do this within three months of the discrimination taking place.

By Tony Stevens

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