The laws on discrimination are complex and your rights depend on exactly what type of discrimination you are experiencing and what the circumstances are.
The 'Frequently asked questions' on this page illustrate some of the complexity of discrimination law but we strongly recommend that you seek individual advice if you feel that you have been discriminated against.
Is age discrimination always against the law?
In general discrimination against someone because of their age in employment situations is usually against the law although there are exceptions which include.
There are currently no laws in force to prevent discrimination on the basis of age in the provision of goods or services.
Can an employment application form ask for an applicants age?
An employer can ask for an applicants age on an application form. However the use of that information can lead to a claim of age discrimination if the employer cannot justify their actions.
Denial of promotion because you are under 25 and our customers expect an older manager.
This would be classed as direct discrimination and would normally be considered unlawful, unless the employer can justify the discrimination. To justify direct or indirect discrimination, an employer will have to show that it is a ‘proportionate means of achieving a legitimate aim’. This would be unlikely in this example.
Can an employer specify a minimum number of years service in a job?
Specifying a minimum number of years service can be a form of indirect discrimination that an employer may be able to justify if they can show that it is a 'proportionate means of achieving a legitimate aim'. In this case they employer could argue that it is a way of encouraging and rewarding loyalty
My employer requires anyone working over 60 to have an annual medical
If the employer requires the annual medical for health and safety or because of other statutory provision then they may ask for a medical, or that the medicals are a proportionate means of achieving a legitimate aim.
My employer is offering a voluntary redundancy package but restricts it to over 50s
Although this type of voluntary redundancy package is discriminatory an employer may be able to justify it. For example if the employer could show that the policy was a proportionate means of achieving a legitimate aims, such as ensuring they retained an effective workforce, then the policy could be lawful.
Where can I find out more?
You can find out more about your rights online by visiting the Equality and Human Rights Commission web site or by visiting your local Citizens Advice Bureau for specific advice relating to your situation.
Is discrimination because of someone's disabilities always against the law?
There are specific rules that deal with discrimination in employment situations and in the provision of goods and services.
In most situations it is unlawful to discriminate against someone because they have a disability ( called direct discrimination ) but when dealing with the effects of a persons disability on their ability to do a job the employer will have to consider making 'reasonable adaptations' to enable the person to do that job.
There are also specific rules that cover education, transport and public authorities.
I want to apply for a promotion but my employer says that I cannot apply because supervisors have to deal with telephone complaints from customers, which is difficult because of my disability. Is this right?
If you are unable to do a job because of a disability then an employer has a duty to investigate whether a reasonable adjustment can be made. This can include redesigning a job and allocating some of the disabled person's duties to another person.
I have been told that I cannot apply for a job as my visible disability does not fit the 'image' of the company.
This type of policy would be a form a direct discrimination and is unlawful and can never be justified by an employer.
I am off work with a sick note and my employer wants to sack me, are the allowed to do this?
Being covered by a sick note does not protect you from disciplinary action or dismissal for reasons other than sickness. This means that if you were being disciplined for poor time keeping being covered by a sick note would not prevent the disciplinary action. However if your employer wants to discipline or dismiss you because you have sent in a sick note then this may be unlawful and you should seek specific advice.
Where can I find out more?
You can find out more about your rights online by visiting the Equality and Human Rights Commission web site or by visiting your local Citizens Advice Bureau for specific advice relating to your situation.
Is gender/sex discrimination always against the law?
In general it is unlawful to discriminate against someone because of their gender in either employment situations of in the provision of goods and services, although there are some exceptions.
Ever since I told my employer that I am pregnant I have not been allowed to go on any training or take any annual leave because they say it would be unfair on the staff covering me when I take maternity leave.
This would count as direct discrimination on the grounds of pregnancy, which is treated as sex discrimination. In this situation you should seek individual advice as soon as possible.
I am considering gender reassignment but I am worried that my employer will discriminate against me. What protection does the law offer?
It is unlawful for an employer to discriminate against a person on the grounds of gender reassignment, which is defined as 'a process which is undertaken under medical supervision for the purpose of reassigning a person's sex by changing physiological or other characteristics of sex, and includes any part of such a process'.
A person who has undergone gender reassignment should be treated by an employer for all employment purposes as being of the sex to which s/he has been reassigned. Once a person has obtained a gender recognition certificate under the Gender Recognition Act 2004, s/he should be treated as a person of her/his acquired gender.
It has been decided by the Court of Appeal that it is not necessarily discriminatory to require a pre-operative transsexual person to continue to use the toilet of her/his sex of birth while undergoing some of the transition period. This case involved a pre-operative transsexual person who was changing from a man to a woman who wanted to use the women's toilets at work. The other female staff objected, so the employer asked her to use the disabled toilet. The Court of Appeal decided it was reasonable for the employer to do this and that this did not constitute sex discrimination.
I have heard that my employer may carry out job re-evaluations and I am concerned that I may be effected.
Most job re-evaluations are be undertaken in order to ensure that everybody doing work of equal value gets equal pay. Historically workers in many roles, who were predominately women, received a lower rate of pay than the men in similar roles. As many employers are maintaining the same overall staff budget it is probable that some workers will lose out in the changes whilst others gain. Currently local government and NHS employers are carrying out these re-evaluations and we would recommend that you contact your union to find out how you may be effected.
Where can I find out more?
You can find out more about your rights online by visiting the Equality and Human Rights Commission web site, UNISON or by visiting your local Citizens Advice Bureau for specific advice relating to your situation.
Is racial discrimination always against the law?
In most employment situations or in the provision of goods and services it is unlawful to discriminate on the basis of a persons race or colour, but there are significant exceptions. Most of these exceptions apply to certain acts by government bodies or organisations set up to specifically benefit minority groups.
Employer requires that non-white recruits provide a passport to show
that they have a right to work in the UK.
An employer is required to ensure that only people with a right to work are
employed and the Home
Office guidance gives details of the documents that an employer should
copy. The employer should obtain copies of the relevant documents from all
new employees as otherwise they could be guilty of unlawful discrimination.
In general the employer can only insist on the document or combination of
documents in the guidance.
Employer requires all employees complete complex paperwork that puts
people who's first language isn't English at a disadvantage.
If the requirement is necessary and appropriate for a job then this will not
be unlawful discrimination.
Can I be refused a job at an French restaurant because 'customers
expect French waiters'?
The law in this situation is complex because there are different rules dealing
with discrimination on the basis of colour or nationality and discrimination
on the basis of race, ethnic or national origin.
In the case of discrimination on grounds of colour or nationality, there will be a GOQ for the following types of jobs only:-
However a job may be restricted to people of a particular race or ethnic or national origin where being of a particular race is a genuine occupational requirement (GOR) for the job. This means that employers may lawfully discriminate on these grounds in recruitment, promotion, or transfer to a job, in dismissal from a post and in training for a job. An example would be an Asian women's refuge advertising for an Asian woman for the post of staff manager.
The Act sets out what criteria are used to decide what is a GOR. A GOR is not an automatic exemption from certain types of jobs, and in every case the employer will have to show that:-
An employer cannot argue that there is a genuine occupational requirement in the following circumstances:-
I have received racist abuse from customer but my employer refuses to take any action to prevent this from happening again.
An employer has a legal responsibility to protect you from customer harassment - as far as this is practicable. Doing little or nothing is not an option. If they fail to provide you with proper support and protection, they may themselves be guilty of discrimination
Where can I find out more?
You can find out more about your rights online by visiting the Equality and Human Rights Commission web site or by visiting your local Citizens Advice Bureau for specific advice relating to your situation.
Is discrimination based on religion or belief always against the law?
There are a number of employment situations when it may not be unlawful to discriminate on the grounds of religion or belief. These exceptions to the law are very restricted and if an organisation is claiming to be exempt you should seek specific advice:-
There are also rules covering discrimination in the provision of goods or services. These rules apply whether the goods or services are paid for or free, but again there are exceptions.
My employer allows staff to wear jewellery including chains and pendants but they say we cannot wear a visible crucifix or Magden David in case it upsets customers.
If an employer banned the wearing of visible jewelry with a religious connotation but not purely decorative/secular jewelry then this may be unlawful. However a ban on all visible jewelry is more likely to be lawful except where the wearing of specific jewelry is a requirement of faith.
What is indirect discrimination on the grounds of religion or belief
Indirect discrimination on the grounds of religion or belief occurs when an employer (A) applies a provision, criterion or practice to another person (B) which, while apparently applying to everyone:-
Indirect discrimination is often missed because it is difficult to detect. The effect of the provision may not be immediately obvious.
For example, an organisation has a dress code which states that men cannot wear pony tails. This may indirectly disadvantage Hindu men, many of whom wear a Shika (a small knotted tuft of hair worn at the back of the head, as a symbol of their belief). Such a policy may be discriminatory if it cannot be sufficiently justified.
Another example would be a small finance company needing its staff to work late on a Friday afternoon to analyse stock prices in the American finance market. The figures arrive late on Friday because of the global time differences. Because of their religious beliefs, some staff would like to be released for a short period on Friday afternoon for prayers and to make the time up later. The company is not able to agree to this request because the American figures are necessary to the business, they need to be worked on immediately, and the company is too small to have anyone else able to do the work. The need for staff to work on Friday afternoon may therefore not be discriminatory as it is a 'legitimate business aim' and because the company is not able to re-organise the work.
In another case, imposing a permanent change to an employee's rota which meant that she had to work on Sundays and would therefore be unable to attend her regular church service was held to discriminate against the employee.
As can be seen from these situations, each case must be considered individually as with indirect discrimination it may well be allowed if it can be shown by the employer to be a proportionate means of achieving a legitimate aim.
Where can I find out more?
You can find out more about your rights online by visiting the Equality and Human Rights Commission web site or by visiting your local Citizens Advice Bureau for specific advice relating to your situation.
Is discrimination based on a persons sexuality always against the law?
Direct discrimination in employment cannot be justified unless the exceptions for genuine occupational requirements or for positive action apply.
Indirect discrimination in employment is not allowed unless an employer is able to, objectively, to justify applying the provision, criterion or practice, or whether the employer can justify discrimination because it is a proportionate means of achieving a legitimate aim.
Discrimination in the provision of goods and services is usually against the law, although there are exceptions. If a provider of goods or services claims they are exempt from the rules you should seek specific advice.
My employer (UK Based), wants me to travel to a country where same sex relationships are illegal.
This could be a form of indirect discrimination, but the employer may be able to justify it as a proportionate means of achieving a legitimate aim. However it is worth checking your contract to see if your employer can ask you to travel abroad as if this requires a change in your contract you may have additional rights.
My employer has refused to let me work overtime for a sports club dinner as they claim to be protecting me from potential abuse.
An employer is under a duty to protect employees from abuse but in this situation it would be direct discrimination on the basis of sexual orientation. This situation does not fall into either of the two exceptions so the employer will be guilty of direct discrimination.
A letting's agency refuses to let a flat to me and my partner because we are gay.
This would be unlawful as letting agencies may not discriminate in the letting of properties, however there are some exceptions for landlords letting out their properties directly which do not apply in this case.
The Christian organisation that I work for has threatened disciplinary action against any staff that are seen on the gay pride march.
This is a form of direct discrimination and would be unlawful as neither of the exceptions seems to apply.
Where can I find out more?
You can find out more about your rights online by visiting the Equality and Human Rights Commission web site or by visiting your local Citizens Advice Bureau for specific advice relating to your situation.
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