Under the Equality Act 2010 employers cannot discriminate, harass or victimise on the basis of the protected characteristics. Under the Act, protected characteristics are based on:
We have dealt with a very high volume of discrimination claims but never lose sight of the impact that discriminatory treatment has on you as an individual. We can offer much needed support and advice to assist you in resolving the situation.
Types of Discrimination
A brief overview of the main types of discrimination in terms of the Equality Act 2010 are given below.
Direct Discrimination
This is where discrimination occurs where “because of a protected characteristic, A treats B less favourably than A treats or would treat others”.
Indirect Discrimination
This is where acts, decisions or policies are made which are not intended to treat anyone less favourably, but which in practice have the effect of disadvantaging a group of people with a particular protected characteristic. Where such an action disadvantages an individual with that characteristic, it will amount to indirect discrimination unless it can be shown that the actions were a proportionate means of achieving a legitimate aim.
Harassment / Victimisation
The law also prohibits an employer from harassing an employee or prospective employee on the grounds of a protected characteristic. Similar protection exists for individuals in respect of being victimised because they have enforced or attempted to enforce their rights under the Equality Act.
If you believe your employer has discriminated against you contact our expert discrimination lawyers to discuss your situation. You can arrange to meet our employment lawyers in Edinburgh, Glasgow or London.
Telephone: 0131 247 1181
Email: innes.clark@morton-fraser.com
Telephone: 0141 274 1141
Email: lindsey.cartwright@morton-fraser.com