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Workplace discrimination is a large problem that may affect the worker’s career advancement, mental well-being, and finances. Although various legal protections apply, it remains important to grasp these rights, which can empower one to better recognize, approach, and mitigate discrimination at the workplace.
Key UK anti-discrimination laws include steps employees should take and other common legal questions about workplace rights.
What Is Workplace Discrimination?
Workplace discrimination is a condition in which an employer treats a selected employee or job applicant unfairly because of certain legally protected characteristics. UK law defines these characteristics as follows;
•Age
•Disability
•Gender reassignment
•Marriage and civil partnership
•Pregnancy and maternity
•Race (including color, nationality, and ethnic or national origin)
•Religion or belief
•Sex
•Sexual orientation
There are many ways in which discrimination can take place like unfair treatment during recruitment, pay, promotions, dismissal, and harassment at the workplace.
Important UK Anti-Discrimination Legislations:
The following are some laws that protect employees from discrimination at work:
1. The Equality Act 2010: This is the principal legislation that regulates discrimination in the UK. It amalgamates all previous legislation and offers extensive protection against unfair treatment on protected grounds.
2. Health and Safety at Work Act 1974: This act requires employers to make reasonable adjustments to facilitate employees with disabilities in order to provide a safe working environment.
3. Employment Rights Act 1996: This Act provides protection against unfair dismissal, which may be due to discrimination.
4. Equal Pay Act 1970: This is now part of the Equality Act 2010, ensuring that men and women are paid equally for equal work.
5. Protection from Harassment Act 1997: This provides a legal remedy for harassment at work, including discrimination-based harassment.
6. Eternity and Parental Leave Regulations 1999: Guarantees employee protection from work discrimination that emanates from grounds of pregnancy or maternity and also parental status.
Workplace Recognition of Discrimination:
It may not be noticeable all the times. Hidden indicators include denied promotion opportunities, discriminative action concerning disciplinary matters or performance assessments. Some cases include:
•Job applicant was not selected based on age
•Pregnancy of a particular employee denying a flexible work scheme
• Employee with some disabilities was declined their reasonable adjustment request.
• A worker being paid less than the other gender counterparts for the same job.
Read Also: Steps to Take When Facing an Employment Dispute
What to Do When You Feel You Have Been Discriminated Against:
If you think you have been discriminated against at work, follow these steps:
1. Document Everything: Keep a record of incidents including dates, times, locations, people involved and specific discriminatory actions or remarks.
2. Review Company Policies: Check your employer’s grievance procedures and anti-discrimination policies, usually found in the employee handbook.
3. Rise Issue Informally: Discuss the problems with your Line Manager or your HR Department as appropriate and practicable.
4. Formal Complaint: This can be initiated by filing an internal complaint of a written nature using the following steps from an employer’s employee grievance internal procedures.
Frequently Asked Questions About Workplace Discrimination:
1. How long do I have to file a claim for workplace discrimination?
The Equality Act 2010 generally requires that claims be brought within three months of the act of discrimination but Acas early conciliation has to be attempted before making a claim to an Employment Tribunal.
2. Is my employer permitted to retaliate against me if I report discrimination?
No. The Equality Act 2010 outlawed retaliation, commonly referred to as victimization. Employees subjected to retaliatory measures for complaining can sue.
3. What are reasonable adjustments according to the Equality Act 2010?
Employers have a duty to make reasonable adjustments to enable disabled employees. This encompasses flexible working time, adapting the work station or providing access to other support services
4. How do I prove work place discrimination?
Evidence may encompass patterns of discriminatory treatment, disparate statements, salary differences, and testimony from any witnesses. A detailed record keeps your case much stronger.
Conclusion:
Understanding workplace discrimination laws empowers employees to demand their rights and challenge unfair treatment. It is a collective responsibility of employees, employers, and legal authorities to address discrimination. If you believe that you have been discriminated against, it is advisable to seek early advice and take immediate action to increase the chances of receiving justice and promoting an inclusive workplace culture.
For further advice please get in touch with our team today by calling 020 8538 0182 or +44 7857 809932, or you can email us on [email protected].
Please note these blogs are to enhance your knowledge and are not tailored advice, for specific advice please get in touch with our outstanding team.