Discrimination at work

It is wider than deliberate unfairness

In Great Britain, discrimination law covers several different kinds of treatment. Direct discrimination is less favourable treatment because of a protected characteristic. Indirect discrimination can arise when the same policy applies to everyone but puts people sharing a characteristic at a particular disadvantage. Harassment and victimisation are also defined forms of unlawful treatment.

Victimisation means disadvantaging someone because they did, or were believed to have done, a protected act. Under section 27 of the Equality Act 2010, that can include bringing proceedings, giving evidence or information, doing something connected with the Act, or alleging a breach. Protection can also apply where the employer believes the person has done or may do one of those things.

Intent is not the deciding test. A manager can apply a rule with no wish to discriminate and still create an unlawful disadvantage. The Acas discrimination overview also explains that some legal exceptions and justification tests exist, but they depend on the particular type of discrimination and the evidence.

Check the decision, criteria and effect

Use clear, job-relevant criteria for recruitment, pay, training, promotion, attendance and performance decisions. Apply them consistently, then check their effect. Pregnancy and maternity have specific protection, and disability may require reasonable adjustments rather than identical treatment.

Keep the evidence behind a decision. Notes should show the criteria used and the facts considered, not personal assumptions such as who might be committed, resilient or likely to take leave. If monitoring information is collected, separate it from the decision-makers who do not need it.

Take a concern seriously and preserve the facts

Someone may raise discrimination informally, through a grievance or as part of another complaint. Listen without deciding the answer on the spot. Record the concern accurately, protect relevant messages and documents, and decide who can examine it impartially.

Avoid promising complete secrecy because a fair investigation may require limited disclosure. Explain who needs the information and why. A prompt response can address the concern and reveal whether a policy or manager decision needs wider change.