Discrimination: your rights
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1. Types of discrimination ('protected characteristics')
It is against the law to discriminate against anyone because of:
- age
- gender reassignment
- being married or in a civil partnership
- being pregnant or on maternity leave
- disability
- race including colour, nationality, ethnic or national origin
- religion or belief
- sex
- sexual orientation
These are called 鈥榩rotected characteristics鈥�.
You鈥檙e protected from discrimination:
- at work
- in education
- as a consumer
- when using public services
- when buying or renting property
- as a member or guest of a private club or association
You鈥檙e legally protected from discrimination by the .
You鈥檙e also protected from discrimination if:
- you鈥檙e associated with someone who has a protected characteristic, for example a family member or friend
- you鈥檝e complained about discrimination or supported someone else鈥檚 claim
Action against discrimination
You can do something voluntarily to help people with a protected characteristic. This is called 鈥榩ositive action鈥�.
Taking positive action is legal if people with a protected characteristic:
- are at a disadvantage
- have particular needs
- are under-represented in an activity or type of work
2. How you can be discriminated against
Discrimination can come in one of the following forms:
- direct discrimination - treating someone with a protected characteristic less favourably than others
- indirect discrimination - putting rules or arrangements in place that apply to everyone, but that put someone with a protected characteristic at an unfair disadvantage
- harassment - unwanted behaviour linked to a protected characteristic that violates someone鈥檚 dignity or creates an offensive environment for them
- victimisation - treating someone unfairly because they鈥檝e complained about discrimination or harassment
It can be lawful to have specific rules or arrangements in place, as long as they can be justified.
3. Discrimination at work
The law protects you against discrimination at work, including:
- dismissal
- employment terms and conditions
- pay and benefits
- promotion and transfer opportunities
- training
- recruitment
- redundancy
Some forms of discrimination are only allowed if they鈥檙e needed for the way the organisation works, for example:
- a Roman Catholic school restricting applications for admission of pupils to Catholics only
- employing only women in a health centre for Muslim women
Disability
If you鈥檙e disabled you have the same rights as other workers. Employers should also make 鈥榬easonable adjustments鈥� to help disabled employees and job applicants with:
- application forms, for example providing forms in Braille or audio formats
- aptitude tests, for example giving extra time to complete the tests
- dismissal or redundancy
- discipline and grievances
- interview arrangements, such as providing wheelchair access, communicator support
- making sure the workplace has the right facilities and equipment for disabled workers or someone offered a job
- promotion, transfer and training opportunities
- terms of employment, including pay
- work-related benefits like access to recreation or refreshment facilities
What you can do
If you鈥檙e discriminated against at work there are ways to deal with it.
Employers have to follow the law on preventing discrimination at work.
Other types of unfair treatment
You鈥檙e also protected from being treated unfairly because of:
- trade union membership or non-membership
- being a fixed-term or part-time worker
4. What you can do
If you think you鈥檝e been unfairly discriminated against you can:
- complain directly to the person or organisation
- use someone else to help you sort it out (called 鈥榤ediation鈥� or 鈥榓lternative dispute resolution鈥�)
- make a claim in a court or tribunal
Contact the Equality Advisory Support Service for help and advice.
Discrimination at work
Employees should talk to their employer first to try and sort out the problem informally. You may also want to read about workplace disputes.
If things cannot be sorted out informally, , or a trade union representative.
You might be able to take a claim to an employment tribunal for discrimination.
Check if you can get legal aid to help with your legal costs if you think you鈥檝e been discriminated against. You can get advice from Civil Legal Advice if you鈥檙e eligible.
Employers must follow the law on preventing discrimination at work.