Unlawful Discrimination

Types of Discrimination

The law on discrimination is complex and comprehensive. The following are the key points you as the employer should consider:

What must I look out for?

It is unlawful to discriminate on grounds like sex, race, disability, religion, sexual orientation and age. Trade union activities, part time or fixed term employment status, gender re-assignment and pregnancy are other examples

Who can make a claim against me?

You are open to a discrimination claim from anyone – they do not even have to be an employee! (They might not even want to work for you!)

What is unlawful discrimination?

Unlawful discrimination is treating someone less favourably on grounds like those listed above. This can be direct, indirect, through harassment or victimisation. There are some exceptions, such as where there is a Genuine Occupational Qualification or Requirement, but these exceptions are rare. In the event of a claim, you will be required to demonstrate that you acted justifiably and did not unlawfully discriminate.

But I would never unlawfully discriminate?

Through 'vicarious liability', YOU can be held responsible for discriminatory acts committed by your employee during employment, whether committed with, or without, your knowledge or approval. You might also be held to be liable for unlawful discrimination involving employees outside of work time.

What happens if a discrimination claim is made?

Claims are made to an Employment Tribunal. A hearing is arranged at which you can present evidence and call witnesses to support your defence. Discrimination hearings can last from one day to several weeks. If the claimant wins, there is no statutory limit to the amount of money you may be ordered to pay them.

Unlawful discrimination can be an expensive mistake – make the right decisions with Bibby Consulting & Support.

The above is intended to provide information of general interest about employment law but does not give legal advice.