Discrimination against an employee can take many forms. From discrimination due to your age, sex or pregnancy, to race or disability discrimination. If you feel that you are the victim of discrimination, early legal advice can ensure that you are fully aware of your legal rights.
Everyone should be treated equally when it comes to payment, training or promotions and should only be judged on their abilities to perform their job. If you believe that you are receiving lower pay purely as a result of your sex, marital status or gender, then you may be able to make a claim under The Equal Pay Act 1970.
Discrimination can be direct (treating you differently because of your sex, marital status or pregnancy) or indirect (eg height requirements or failing to recruit part-time workers). It can also include harassment, for instance behaving in an offensive manner towards you, or allowing employees to do so. The other type of discrimination is victimisation which can include treating you unfairly for making a complaint about discrimination.
Age discrimination is only permitted in very few circumstances, such as protecting older or younger workers in certain situations, but otherwise discrimination purely on the grounds of your age cannot be justified.
Racial Discrimination is covered by the Race Relations Act of 1976 which says that you cannot be discriminated against on account of your:
- nationality or
- ethnic/national origins
If you have been discriminated against on any of these grounds it is unlawful and you may be able to make a claim for compensation.
The Disability Discrimination Act protects you from being unlawfully discriminated against purely for a reason related to your disability. This can include all stages of the recruitment process, from interviews to proficiency tests and dismissal or redundancy.
Your employer also has a duty to make reasonable adjustments to your workplace, which can include allocating some of your work to other people, allowing you to work flexible hours, providing suitable equipment for you etc. There are many aspects to consider in relation to reasonable adjustments. If you have any questions or are concerned you are being discriminated against on the basis of your disability, please contact us using the details below.
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