For more information on how to combat discrimination, see: Direct discrimination occurs when an employer treats someone less favourably on the basis of a protected characteristic. This is illegal under section 13 of the Equality Act 2010. A protected characteristic (age, disability, sex change, marriage and registered partnership, race, religion or belief, sex and sexual orientation) must be at the origin of the difference in treatment, so that this characteristic leads to less favourable treatment. In general, the law protects everyone, not just a group perceived to be discriminated against. Therefore, it is illegal to treat a man less favorably than a woman or a woman less favorably than a man because of his gender. However, single persons are not protected from more favourable treatment by persons who are married or in partnership, and persons without disabilities are not protected if a person with a disability is treated more favourably. Persons with a protected characteristic are protected against discrimination in employment and access to services, education, premises and associations. Examples of prohibited discrimination include being a client in the areas of social security, access to education and other public services. The UK Labour Government has codified and strengthened the different areas of protection in a single law, namely the Equality Act 2010. The law that says you can`t be discriminated against is called the Equality Act 2010. Discrimination that violates the Equality Act is illegal. If you have been the victim of unlawful discrimination, you can take action against it in accordance with the law.
If you want to file a complaint of discrimination in the workplace, the time limit is 3 months. If you are treated unfairly because someone thinks you belong to a group of people with protected characteristics, this is also unlawful discrimination. Under section 23 of the Equality Act, in order to prove discrimination, the applicant must prove that there is no substantial difference between the applicant and the other person or “comparator” who does not share the same protected characteristic. If the defendant can prove that there is another cause for the difference in treatment unrelated to the protected material, the claim shall be dismissed. For the protected characteristic of age, it is a defence to an allegation of direct discrimination that the discrimination is “justified” for whatever reason. A justification for other protected characteristics is not supported. What the law does is protect you from discrimination in the exercise of human rights enshrined in the European Convention on Human Rights. Article 14 is based on the fundamental principle that all of us, no matter who we are, should enjoy equal human rights and have equal access to them.
Case law on this right has shown that the concept of “other status” covers sexual orientation, illegitimacy, marital status, trade union membership, transsexual status and imprisonment. It can also be used to challenge discrimination based on age or disability. The Equality Act is a law that protects you from discrimination. This means that discrimination or unfair treatment based on certain personal characteristics, such as age, is now against the law in almost all cases. It is a defence against the allegation of unlawful indirect discrimination as well as against the allegation of direct discrimination on grounds of age that the discriminatory practice is “a proportionate means of achieving a legitimate aim” (Articles 13(2) and 19). Under the Equality Act 2010 Sch 9,[14] employers who take discriminatory measures have a number of defence options. An “occupational requirement” refers to exceptions to the prohibition of direct discrimination. One example could be a theater in which an actor of black African descent has to play a black African character. An employer has the burden of demonstrating that they really need someone of a certain gender, race, religion, etc. for the position. These exceptions are few.
The courts have also ruled that the protection of human rights against discrimination also includes indirect discrimination. This happens when a rule or policy that is supposed to apply equally to everyone actually works to the detriment of one or more groups. For example, the requirement that all employees be over six feet tall may constitute indirect discrimination. Women and some people with disabilities will be disadvantaged and, to be justified, this should be a strict requirement for the job. Step Two: Send details about your complaint, what happened and when. Make it clear that you are complaining about ageism. It can also be helpful to suggest solutions, for example, if you want an apology or if the person responsible needs to be retrained. Download our factsheet on equality, discrimination and equality obligations in the public sector. In Coleman/Attridge, the law of the European Court of Justice confirmed that a person can invoke discrimination even if he is not the person with the protected characteristic but is disadvantaged because of a person with whom he is related. It is important to understand that human rights law does not protect you from discrimination in all areas of your life – there are other laws that offer more general protection, such as the Equality Act 2010. The United Kingdom`s Employment Equality Act is a set of laws that regulates bias-based actions in the workplace. As part of UK employment law, it is illegal to discriminate against a person because they have one of the “protected characteristics”, namely age, disability, gender reassignment, marriage and partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation.
The main legislation is the Equality Act 2010, which prohibits discrimination in access to education, public services, private goods and services, transport or premises in addition to employment. This follows three major European Union directives and is complemented by other laws such as the Protection from Harassment Act 1997. In addition, discrimination on the basis of employment status as a part-time, fixed-term, agency or trade union worker is prohibited by a combination of legal instruments and by the Consolidated Trade Unions and Industrial Relations Act 1992, which in turn follows European law. Disputes are usually resolved in the workplace in consultation with an employer or union, or with the advice of a lawyer, ACAS or the Citizen Advice Office. The Gender Equality Act 2006 established the Equality and Human Rights Commission to strengthen the implementation of equality laws. [1] The law also protects you when people in your life, such as family members or friends, have a protected trait and you are treated unfairly as a result. This is called discrimination by association. For example, if you are discriminated against because your son is gay. EASS has also published sample letters that may be useful if you complain of discrimination. They are available on the EASS website under www.equalityadvisoryservice.com. The Equality Act applies to discrimination based on: Two measures have recently been introduced, one of which has been proposed to prohibit discrimination in employment based on non-standard work arrangements for workers who are not considered permanent. Part-time work and fixed-term workers have been partially introduced to close the gender pay gap.
The reason for this is that women are much more likely to hold permanent non-full-time positions. However, following the Treaty of Amsterdam, a new Article 13 promises Community action for the general elimination of inequalities. The directive on defaulting temporary agency workers should be the third pillar of this programme. Discrimination against union members is also a serious problem, for the apparent reason that some employers view unionization as a threat to their right to run a business. Protection from discrimination in the Human Rights Act is not “autonomous.” To assert this right, you must prove that the discrimination has affected your enjoyment of one or more other legal rights. However, you do not have to prove that this other human right has actually been violated. The definition of `victimisation` is contained in section 27 of the Equality Act 2010. [7] This involves subjecting a person to an additional disadvantage after attempting to file a complaint or initiate discrimination proceedings on their own behalf or on behalf of another person. Until now, discrimination on the basis of religion has been dealt with ad hoc for Muslims and Sikhs by the provisions on racial discrimination. The new rules were introduced to comply with the EU Framework Directive 2000/78/EC on religion or belief, age, sexuality and disability. Some forms of discrimination are only permitted if they are necessary for the functioning of the organization, for example: Normal types of claims apply to disabilities, but other types of claims are specific.
These are “discrimination on the basis of disability” and the appropriate duty to accommodate.
