Discrimination at work
Our employment law team has decades of experience helping employees in Scotland with workplace legal matters.
This includes discrimination in its many forms, from indirect to direct, victimisation and harassment, and we have a track record of resolving discriminatory issues employees experience at work.
What is discrimination at work?
Discrimination at work is when an employee is treated less favourably than others due to one of nine protected characteristics defined by The Equality Act 2010. These protected characteristics include age, gender, sexuality, religion, disability, and religious or philosophical beliefs.
Acts of workplace discrimination fall under the following four categories:
1. Direct discrimination
Direct discrimination is when an employer treats an individual employee less favourably due to a protected characteristic. An example of this is being paid less than others for the same work because of your gender.
2. Indirect discrimination
Indirect discrimination is when a policy or rule applies to all employees but unfairly affects those with protected characteristics. An example is an employer providing training opportunities on weekends only, which means some religious groups and employees with family responsibilities can’t attend.
3. Harassment
Harassment is any behaviour that is related to a protected characteristic, and which reasonably makes you feel offended or intimidated at work. This can be insensitive or inflammatory comments regarding your age, race, or gender, and unwanted sexual advances either in-person, via email, text messages, online, or over the phone.
4. Victimisation
Victimisation is when an employee is subjected to a detriment by their employer after complaining about discrimination or harassment.
Discrimination and the nine protected characteristics
The nine protected characteristics are as follows:
Age discrimination
If you are poorly treated at work for being too old or too young, this is a form of discrimination. Older employees may be overlooked for promotions or struggle to get a job role because of their age, for example.
Disability discrimination
Employees can be discriminated against due to their physical or mental health. Examples of disability discrimination at work include being harassed, fired, or demoted due to having long-term mobility problems or depression.
Gender recognition discrimination
If you’ve undergone gender reassignment and are targeted by colleagues with negative comments, this would constitute harassment. Employers must take appropriate action against those who engage in such harassment.
Maternity and pregnancy discrimination
Maternity and pregnancy discrimination can take many forms. You may be demoted or passed over for a promotion due to your pregnancy, for example, which would fall under direct discrimination. You may also be ineligible for pay raises because you’re on maternity leave, which would be indirect discrimination.
Racial discrimination
The Equality Act 2010 states that it is unlawful for employers to discriminate against staff members based on their colour, ethnicity, nationality, or race. Examples of racial discrimination include being subject to name-calling or being overlooked for a job opportunity because your name doesn’t sound British.
Religious and philosophical belief discrimination
Employers cannot discriminate against you for your religion, faith, or genuine philosophical beliefs. This applies to mainstream religions like Christianity, Islam, and Sikhism, as well as philosophical beliefs like environmentalism, feminism, and veganism.
Sex discrimination
Both men and women can be subject to sex discrimination at work, and an example is a man getting rejected for a role in a female-dominated industry like childcare. Another is failing to get a job in construction because you’re a woman.
Sexual orientation discrimination
Your sexual orientation (sexuality) is deemed by The Equality Act 2010 to be a protected characteristic. This means you cannot be discriminated against at work for your sexual preferences. Examples of this form of discrimination include verbal abuse from coworkers or employers for being homosexual or bisexual.
Marriage and civil partnership discrimination
You cannot be discriminated against at work for being legally married or in a civil partnership.
How to deal with discrimination at work
Informal and formal complaints
To begin with, we advise that you raise any discrimination issue informally with your employer.
If your concerns aren’t taken seriously or cannot be resolved informally, consider a formal internal grievance. This is also known as a formal complaint, which your employer should look into as soon as possible.
Mediation and negotiation
An option that can be considered before making an employment tribunal claim is mediation. A mediator is an impartial person trained to resolve work disagreements. Your employer has to agree to mediation, and they may have a mediator in-house or pay for an external option.
Negotiation is another method for resolving discrimination at work. This commonly involves a compromise with your employer or an agreement to tackle the discriminatory behaviour you’ve faced.
Mediation and/or negotiation can lead to the problem being resolved, a financial settlement, or a severance package.
An employment tribunal
Before considering an employment tribunal, you should make a formal complaint or grievance with your employer.
If that fails, you may be able to make a claim to an employment tribunal. In most cases, you’ll have three months minus one day from the date of discrimination to make a claim. The grievance process does not change the time limit for a claim, so you should not wait for the outcome of the grievance if that would mean a tribunal claim would be out of time.
In successful discrimination claims, compensation might be given for financial loss or personal injury, and damages may be given for injury to feelings. Financial loss compensation is calculated similarly to unfair dismissal compensation, but it is also possible to receive compensation for injury to feelings. Awards for injury to feelings are discretionary and based on what are known as the Vento bands.
To claim compensation or damages, you need to gather as much evidence as you can regarding the discrimination and the effect of that discrimination. It’s advised to keep a diary of events that could be classed as discriminatory. It is also a good idea to seek legal advice.
How we can help
There are many ways we can help employees overcome discrimination at work. These include:
- Support you to make a formal complaint or grievance with your employer.
- Negotiate a settlement or severance package.
- Represent you at an employment tribunal.
- Claim for unfair dismissal due to discrimination at work.
We can also issue proceedings and represent you at employment tribunals, the employment appeal tribunal, the Sheriff Court, and the Court of Session, Scotland’s supreme civil court. However, our goal is to resolve discrimination issues before the need for any of these options arises.
Get in touch with Allan McDougall Solicitors
For any issues relating to discrimination at work, don’t hesitate to contact the employment law experts at Allan McDougall Solicitors.
Contact us
- Email us
- Call free on 0808 560 0872
- Arrange a callback by using our enquiry form
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