- Because of their age
- Because they suffer from a disability
- Because they have undergone gender reassignment
- Because they are in a marriage or civil partnership
- Because of their pregnancy or the fact that they have children
- Because of their race (including colour, nationality or ethnic/national origins)
- Because of their religion or beliefs
- Because they are male or female
- Because of their sexual orientation
These characteristics are called "protected characteristics”, and as we say above it is unlawful for you to be discriminated against on the grounds that you have one or more of these characteristics.
How might such discrimination against you take place? Discrimination can arise in a number of ways, including the following:
- Direct discrimination
- Indirect discrimination
- Harassment
- Victimisation
- Someone causing or inducing or aiding discrimination
- Where you are disabled, you can be discriminated against by someone not making reasonable adjustments to help you
If someone feels that they are being discriminated against for any of the above reasons, they should consider raising the issue as a formal grievance with their superiors, to try to get the matter resolved without the need for Tribunal proceedings. For more detail on how to raise a formal grievance, see the section of this website called "You want to lodge a grievance”.
If the raising of the grievance does not bring the discriminatory behaviour to an end and the discrimination continues, then you have a choice as to how to proceed.
You can remain at work but start an Employment Tribunal claim. There is nothing to stop you from bringing Employment Tribunal proceedings whilst you are still at work. By lodging such proceedings, you could seek a declaration that you have been discriminated against and also compensation to cover any financial losses caused by the discrimination and to compensate you for injury to feelings, subject to any justification defence. Lodging a claim while you are still employed might make you feel uncomfortable but the law gives you added protection to enable you to do this - if your employer treats you badly because you have brought such a claim, that in itself would amount to victimisation and could give rise to a further claim.
Alternatively, if you feel your position has become untenable and you simply cannot stay with that employer any longer, you could resign and then bring a claim for what is called constructive unfair dismissal - on the grounds that they had forced you out - as well as a discrimination claim. The remedies that you could seek are the same as if you were to bring a claim while you were still employed, namely you could seek a declaration that you have been discriminated against and also compensation (to cover any financial losses caused by the discrimination and to compensate you for injury to feelings).
If you find yourself in a position where you are being discriminated against, please do not hesitate to speak to our team of Employment lawyers. They will listen to - and guide you - free of charge. The decisions you need to make are not just about what you should do but also about when you should do it - if you stay on at the company for a long time it may be harder later to say the discrimination forced you out.
Our Employment Team has substantial experience of guiding clients through the complex web of discrimination law and in helping them achieve their objectives.
As we say, we are always there for people and families who are in our PURPLE LEGAL scheme. We invite you to join PURPLE LEGAL now. By joining PURPLE LEGAL, you can have all your legal enquiries answered free of charge by simply booking a SolicitorSlot for a time and date that suits you. Alternatively if you wish to speak to us now, please click on "Please Contact Me Now” or call us on 0845 567 5000. We look forward to always being there for you.
