What is Discrimination?
Discrimination at work occurs where someone is treated unlawfully because of a protected characteristic or in circumstances otherwise prohibited by the Equality Act 2010.
The protected characteristics are:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
Protection against discrimination can apply throughout the employment relationship, including:
- Recruitment and job applications
- Terms and conditions of employment
- Pay and benefits
- Training
- Promotion
- Performance management
- Disciplinary proceedings
- Redundancy
- Dismissal
- Other workplace decisions
Who is Protected Against Discrimination at Work?
Equality law protects more than just people working under a standard employment contract.
Depending on the nature of the working relationship, protection can extend to:
- Employees
- Workers
- Job applicants
- Agency workers
- Contract workers
- Office-holders
- Partners
- Certain individuals who personally provide services
- People undertaking certain forms of vocational training or work experience
A person described as self-employed will not automatically fall outside discrimination protection. The legal position depends on the true nature of the working arrangement and whether the individual falls within the scope of the Equality Act.
What Types of Discrimination Are Prohibited?
The Equality Act protects against several different forms of unlawful treatment.
These can include:
- Direct discrimination
- Indirect discrimination
- Harassment
- Sexual harassment
- Victimisation
- Discrimination arising from disability
- Failure to make reasonable adjustments for disabled people
Different legal tests apply depending on the type of claim and protected characteristic involved.
Does Discrimination Protection Apply Before You Start a Job?
Yes.
Employers must comply with discrimination law during recruitment as well as after employment begins.
Potentially discriminatory treatment can arise in connection with:
- Job advertisements
- Application forms
- Shortlisting
- Interviews
- Selection tests
- Job offers
- Decisions to withdraw an offer
- Terms offered to a successful candidate
Protection can therefore apply even if you never actually start working for the organisation.
Does Protection Continue When Employment Ends?
Potentially, yes.
Discrimination law can also apply to certain treatment connected with the end of employment.
Examples may include:
- A discriminatory dismissal
- Unfair redundancy selection
- Discriminatory treatment concerning notice or termination payments
- Discriminatory references
- Certain acts occurring after employment has ended where they are connected with the former employment relationship
Explore Our Discrimination Guides
For more detailed guidance, please see the relevant pages below: