1. YEAR 11 LAW
LEAFLET ACTIVITY: DISCRIMINATION IN THE WORKPLACE.
YOU ARE AN EMPLOYMENT LAW CONSULTANT WHO HAS BEEN BROUGHT IN TO TRAIN THE MANAGEMENT TEAM
OF A LOCAL COMPANY. BASED ON THE FOLLOWING FACT SHEET, YOU ARE TO DESIGN A LEAFLET TO SUMMARISE
WHAT TYPES OF DISCRIMINATION THE LAW PROTECTS AGAINST. YOUR LEAFLET SHOULD NOT JUST BE A COPY OF
THIS INFORMATION.
THE FACTS
WHAT IS DISCRIMINATION
Equal opportunities laws aim to create a 'level playing field' so that people are employed, paid, trained and
promoted only because of their skills, abilities and how they do their job.
Discriminationhappenswhenanemployertreatsone employee lessfavourablythanothers. It could mean a female
employeebeingpaidlessthanamale colleague fordoingthe same job,ora minorityethnicemployeebeingrefused
the training opportunities offered to white colleagues.
You can’t be discriminated against because of your:
 Gender; marriage or civil partnership; gender reassignment; pregnancy and maternity leave; sexual
orientation; disability; race; colour; ethnic background; nationality; religion or belief; age
Your employeralsocan’tdismissyouortreatyou lessfavourably thanotherworkersbecauseyou workpart time OR
are on a fixed-term contract
TYPES OF DISCRIMINATION
Direct discrimination
Directdiscriminationhappenswhenanemployertreatsanemployeelessfavourablythan someone else because of
one of the above reasons.
There are limited circumstances in which an employer might be able to make a case for a genuine occupational
requirement for the job. For example, a Roman Catholic school may be able to restrict applications for a scripture
teacher to baptised Catholics only.
Indirect discrimination
Indirectdiscriminationiswhena working condition or rule disadvantages one group of people more than another.
Indirectdiscriminationisunlawful, whether or not it is done on purpose. It is only allowed if it is necessary for the
waythe businessworks,andthere is no other way of achieving it. For example, the condition that applicants must
be clean shaven might be justified if the job involved handling food and it could be shown that having a beard or
moustache was a genuine hygiene risk.
Harassment
You have the right not to be harassed or made fun of at work or in a work-related setting (eg an office party).
Harassment means offensive or intimidating behaviour - sexist language or racial abuse, which aims to humiliate,
undermine or injure its target or has that effect.
Victimisation
Victimisation means treating somebody less favourably than others because they tried to make, or made, a
complaint about discrimination.

2. BULLYING AT WORK
Bullying at work is when someone tries to intimidate another worker, often in front of colleagues. It is usually,
thoughnot always,done tosomeone inalessseniorposition.Itissimilarto harassment, which is where someone's
behaviour is offensive. For example, making sexual comments, or abusing someone's race, religion or sexual
orientation.
You cannot make a legal claim directly about bullying, but complaints can be made under laws covering
discrimination and harassment. If you are forced to resign due to bullying you may be able to make a constructive
dismissal claim.
Examples of bullying behaviour
Bullyingincludesabuse,physical orverbal violence,humiliationandunderminingsomeone'sconfidence. Bullyingcan
be face-to-face, in writing, over the phone or by fax or email.
WHAT IS RACIAL DISCRIMINATION?
The 1976 Race RelationsAct makes it unlawful for an employer to discriminate against you on racial grounds. Race
includes colour; nationality and ethnic or national origins
Under the Act,it doesn'tmatterif the discriminationisdone on purpose or not. What counts is whether (as a result
of an employer's actions) you are treated unfavourably because of your race. The Race Relations Act protects all
racial groups, regardless of their race, colour, nationality, or national or ethnic origins. The laws against racial
discrimination at work cover every part of employment. This includes recruitment, terms and conditions, pay and
benefits,status,training,promotionandtransferopportunities,rightthrough to redundancy and dismissal. The law
allows a job to be restricted to people of a particular racial or ethnic group where there is a 'genuine occupational
requirement'. An example is where a black actor is needed for a film or television programme.
DISABILITY DISCRIMINATION
From 1 October 2010, the Equality Act replaced most of the Disability Discrimination Act (DDA).
The EqualityAct 2010 aimsto protectdisabledpeople and prevent disability discrimination. It provides legal rights
for disabledpeopleinthe areasof employment, education , access to goods, services and facilities including larger
private clubsandlandbasedtransportservices,buyingandrentinglandor property , functions of public bodies, for
example the issuing of licences.
The Equality Act also provides rights for people not to be directly discriminated against or harassed because they
have an association with a disabled person. This can apply to a carer or parent of a disabled person. In addition,
people mustnotbe directly discriminated against or harassed because they are wrongly perceived to be disabled.
THE DEFINITION OF ‘DISABILITY’ UNDER THE EQUALITY ACT 2010
In the Act, a person has a disability if they have a physical or mental impairment and the impairment has a
substantial and long-term adverse effect on their ability to perform normal day-to-day activities
For the purposes of the Act, these words have the following meanings:
 'substantial' means more than minor or trivial
 'long-term'meansthatthe effectof the impairmenthaslastedorislikelytolastforat leasttwelve months
(there are special rules covering recurring or fluctuating conditions)
 'normal day-to-day activities' include everyday things like eating, washing, walking and going shopping
People who have had a disability in the past that meets this defintion are also protected by the Act.
Progressive conditions considered to be a disability

3. There are additional provisionsrelatingtopeople with progressive conditions. People with HIV, cancer or multiple
sclerosis are protected by the Act from the point of diagnosis. People with some visual impairments are
automatically deemed to be disabled.
Conditions that are specifically excluded
Some conditionsare specificallyexcludedfrombeingcovered by the disability definition, such as a tendency to set
fires or addictions to non–prescribed substances.
SEX DISCRIMNATION
Under the 1975 Sex DiscriminationActit'sunlawful foranemployertodiscriminate againstyoubecause of your sex;
you are married or a civil partner or you have gone through, are going through or intend to go through, gender
reassignment,(thismeanssomeonewhochangestheirsex undermedical supervision).Sex discriminationlawscover
almost all workers (men and women) and all types of organisations in the UK.
EQUAL PAY
The 1970 Equal PayAct makesit unlawful foremployerstodiscriminatebetween men and women in terms of their
pay and conditions where they are doing either, the same or similar work; work rated as equivalent in a job
evaluation study by the employer or work of equal value
GENUINE OCCUPATIONAL QUALIFICATIONS
In some cases,a jobcan be offeredtosomeone of aparticularsex,because of whatiscalleda'genuine occupational
qualification'.Examplescouldinclude some jobsinsingle-sex schools ,jobsinsome welfare services, acting jobs that
need a man or a woman
AGE DISCRIMINATION
Age discrimination atworkisunlawful inalmostall typesof employment.All employees and workers of any age are
protectedfrom age discrimination including partners of firms, contract workers and anyone in vocational training.
All aspectsof your employment(orprospective employment) are protectedfromage discrimination, including your
recruitment, employment terms and conditions, promotions and transfers, training , dismissals.
In some casesdifferenttreatmentof aworkeror employee becauseof theirage canbe justified,forexample making
special provisionsforyoungerorolderworkersinordertoprotecttheirsafetyandwelfare.See section on objective
justification below.
RELIGION OR BELIEF DISCRIMINATION
There is no specific list that sets out what religion or belief discrimination is. The law defines it as any religion,
religious or philosophical belief. This includes all major religions, as well as less widely practised ones.
You are also protected against discrimination if you do not follow any religion or belief, and your employer
discriminates against you because of this. Political beliefs are not counted as a religion or belief.
SEXUAL ORIENTATION DISCRIMINATION
You are protectedagainstsexual orientation discriminationif, youare lesbian,gay,bisexual orheterosexual ; people
think you are gay, lesbian or heterosexual when you are not ; you have gay friends or visit gay clubs
Protection against discrimination starts when you apply for a job and continues through your employment.
Civil partnerships
If you are a same-sex couple in a civil partnership you are entitled to the same benefits as a married person (for
example,survivors’benefitsunderacompanypensionscheme) if the benefitshave been in place since 5 December
2005 (when the Civil Partnership Act came into force).
If your employergivesbenefitstoopposite sex,unmarriedpartnersof itsemployees(egthe employeesoppositesex
partneris able todrive the companycar), refusingthe same benefits to same-sex partners could be discrimination.