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October 11, 2024The UK always strives to create a society based on equality every citizen is treated fairly regardless of their characteristics. The Equality Act of 2010 was introduced to consolidate and streamline earlier laws on discrimination.
What is Discrimination
Discrimination is defined as an action when someone is mistreated or treated less favorably based on characteristics such as Age, gender, color, race, religion, or sex(UN,2022).
Types of Discrimination
- Direct Discrimination
This happens when someone is mistreated based on protected characteristics for example a candidate was not hired because of their association with one ethnic group.
- Indirect Discrimination
This kind of discrimination is initiated by policies in which one particular group’s rights are abolished. For example, a job requirement to work late could be a disadvantage for single mothers this kind of indirect discrimination is against women.
- Harassment
This includes unwelcome conduct that injures someone’s dignity or fosters a hostile atmosphere and is connected to a protected characteristic.
Partiality in the Workplace
According to the Equality Act 2010, it’s the responsibility of the employer to prevent harassment, victimization, and discrimination in the organization. Anti-harassment policies and rules should be introduced to protect the minority groups.
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Employers must also ensure that employees with disabilities are not at a disadvantage as compared to non-disabled employees, sufficient actions should be taken to enable disabled employees to work efficiently.
The process of filing a discrimination case
There is a process through which an employee could take their case to the Employment Tribunal, It is mandatory to follow steps that provide the employer a fair option to address the issue. In the first step, the employee would send a grievance letter to the employer, highlighting the full details of how he or she has been discriminated at the workplace.
After the submission of the grievance letter, the employee must provide a reasonable time for the employer to investigate. If the employee doesn’t receive any satisfactory feedback from the employer, then the employee could raise the issue with the Employment Tribunal. The process would ensure that the employer was allowed to rectify the situation before taking the matter to legal proceedings.
Legal Defenses and Redress
UK legislation protects its citizens from every kind of discrimination, the individual believes if he or she has been discriminated against based on characteristics. The person can file a claim in the Employment Tribunal if the Tribunal finds that the claimant was being discriminated then the employer needs to compensate the employee.
- Compensation:
The Tribunal can order the employer to pay financial compensation to the claimant if the employer is found guilty of conducting discrimination against the claimant
- Declaration:
The Tribunal can issue a declaration in the favor of claimant that he or she was being discriminated against in its legal recognition.
- Recommendation:
The Tribunal can order the employer to take necessary steps to prevent harassment cases in the future.
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