Workplace discrimination is an unfortunate reality for many individuals. Experiencing discrimination can be incredibly distressing, leaving you feeling vulnerable and unsure of where to turn.
Understanding your rights and the legal avenues available to you is crucial in these situations. This article aims to provide clarity on the various forms of workplace discrimination, offer practical steps to take if you believe you've been discriminated against, and explain how experienced employment solicitors can offer invaluable support and guidance throughout the process.
We believe that everyone deserves a fair and respectful workplace, and we're here to help you navigate the complexities of employment law. Keep reading for our expert insight.
What is Workplace Discrimination?
Simply put, discrimination refers to the unfair treatment of someone based on either who they are or a specific characteristic that they have. In the workplace, this can take many forms. For example, it could be that an individual is singled-out, or that a group of people are discriminated against.
As for how discrimination looks, it may be that someone is purposefully being held back in the workplace (i.e. not being allowed to attend training courses or having a promotion withheld). Alternatively, it could be that someone is simply facing direct harassment whilst they are at work. Ultimately, there are many ways in which workplace discrimination can manifest itself.
We’ll go on next to discuss the different types of discrimination according to the law, giving you a better idea of what discrimination in the workplace might look like.
Types of Workplace Discrimination
Direct Discrimination
Direct discrimination is the term used to describe when someone with a protected characteristic is treated less favourably than others. Protected characteristics are a set of characteristics that are protected against discrimination by law under the Equality Act 2010. These include:
● Age
● Sex
● Gender reassignment
● Sexual orientation
● Race (including skin colour, nationality, ethnicity or national origin)
● Religion or belief
● Disability
● Being pregnant or on maternity leave
● Being married or in a civil partnership
You are also legally protected by the law against discrimination if you are associated with someone who has a protected characteristic (such as a family member or friend).
Direct discrimination can manifest in a multitude of ways. For instance, here are some examples of situations that could be considered cases of direct discrimination:
● Not making a certain job position available to someone with a disability
● Denying someone a promotion due to them being pregnant and expected to go on maternity leave
● Punishing an employee for making a mistake at work because of their sexual orientation when those with different sexual orientations are not punished for making mistakes
Indirect Discrimination
As its name suggests, indirect discrimination can be more subtle than direct discrimination. It refers to when an employer puts rules or arrangements in place that apply equally to all their employees, but in a way that purposefully disadvantages one or some of these employees due to their protected characteristics.
For example, this could include making it mandatory for all employees to work two Saturdays a month, which could be viewed as discriminatory towards parents, who are likely to have childcare commitments, or certain religious individuals who observe Saturday as a holy day (i.e. the Sabbath).
Another example could be to have a strict ‘no tattoos’ policy, which could particularly disadvantage those who have tattoos for religious or cultural reasons - such as Buddhists having Sak Yant tattoos (tattoos that hold spiritual significance in Buddhism), or anyone of Māori descent having a tā moko (traditional facial tattoos in Māori culture).
Harassment
Harassment in the workplace is defined as unwanted behaviour that is linked to a protected characteristic and creates a hostile or offensive environment to someone, and/or violates their dignity.
Some examples of this could include:
● Making inappropriate sexual jokes towards an employee because of their gender
● Using derogatory and offensive slurs towards someone because of their race, sexual orientation or disability
● Bullying an employee due to their religion
Victimisation
Victimisation is when someone has been treated unfairly simply because they’ve spoken up against and complained about a case of discrimination or harassment - whether they have been discriminated against themselves or on behalf of someone else.
For example, taking unfair disciplinary action against someone or hindering their professional development due to them previously raising a complaint would count as victimisation. Equally, so would refusing to give an ex-employee who made a complaint a reference for a new job.
What to Do if You Face Discrimination at Work
If you think you’ve faced discrimination at work, then there are certain steps you can and should take to resolve the issue.
Firstly, the best first step to take is to discuss the situation directly with your employer or organisation. Making a direct complaint in this way can be the quickest and easiest way to resolve the situation without taking more formal action. If, however, the situation doesn’t get resolved, then you may look to explore other avenues.
Mediation
In order to resolve this issue with minimal bias, you may wish to involve a neutral third-party. This is what is known as mediation, whereby an independent third-party will come in and help to resolve the matter.
It’s important to go into this knowing what action you want to be taken as a result of the discrimination you’ve faced. Even if this isn’t ultimately the action that’s taken, a mediator can help to work with both you and your employer or organisation to settle on an outcome that you’re both happy with.
Legal Action
If you don’t wish to attempt mediation or have tried it and found it to be unsuccessful, then your best option may be to try taking formal legal action.
This would involve taking a claim to an employment tribunal. There are certain things to bear in mind, however.
Firstly, it’s important to be sure that your case is definitely a case of discrimination - i.e. the discrimination against you is based on your protected characteristic or is an example of victimisation. If you are unsure whether your case can legally be counted as workplace discrimination, then you can always get in touch with Acas, Equality Advisory and Support Service (EASS) or Citizens Advice Scotland for advice and support on your situation. Alternatively, you can seek employment legal advice from a solicitor, such as from us here at DJP Solicitors.
It’s also important to know that a claim usually has to be made within three months of when the incident of discrimination takes place.
Making a Claim
Should you still plan to make a claim, then you must first tell Acas that you plan to do so. They will offer you the chance to try and settle the dispute using their ‘early conciliation’ service, which will avoid you having to go to tribunal. If, however, you choose not to take part in this or it doesn’t work for you, then Acas will send you an early conciliation certificate.
It is at this point that you will make a claim to the tribunal, as you will need to make a claim within one month of receiving your certificate. When making a claim, you’ll need to provide:
● The names and addresses of all people making the claim (known as the ‘claimants’)
● The names and addresses of the respondents (who you are making the claim against - i.e. your employee and/or organisation)
● Your Acas early conciliation certificate numbers
How Can Employment Solicitors Support You?
When going ahead with a tribunal, then it’s recommended that you seek independent legal advice from a professional employment solicitor. They will be able to help assess the strength of your claim, analysing the details of your situation to determine whether or not you have a strong case and identifying potential legal arguments to rely on at the tribunal.
They’re in a position to support you throughout the whole process. For example, they can explain relevant employment laws to you, identify any potential risks and strategies for your case, prepare necessary documents on your behalf (such as claim forms, witness statements and supporting evidence) and can even represent you at the hearing.
Representing you means they will attend the tribunal on your behalf (you can choose whether or not you wish to attend yourself, although if you choose not to attend, you may still be called upon to give a witness statement). During the hearing, they will present your case to the employment judge and will cross-examine any witnesses, as applicable.
Expert Employment & Redundancy Lawyers in Aberdeen
If you think you’ve faced discrimination at work, then our team of lawyers can support you here at DJP Solicitors.
Our legal experts are well-versed in all aspects of employment law, making us well-positioned to support you with your situation. Whether you’re experiencing harassment in the workplace or believe you’ve been made redundant due to one of your protected characteristics, we can discuss the options available to you and offer advice on how best to navigate your situation.
To learn more about our employment law services, please don’t hesitate to get in touch with us today.
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