This document discusses types of discrimination that are protected under UK law, including age, disability, gender, race, religion, sex, and sexual orientation. It defines direct and indirect discrimination, harassment, and victimization. Direct discrimination occurs when someone is treated less favorably due to a protected characteristic. Indirect discrimination involves a policy or practice that disadvantages people with a protected characteristic. Harassment involves unwanted conduct related to a protected characteristic that violates dignity. Victimization is punishing someone for making a complaint about discrimination. Employers are advised to adopt anti-harassment policies and follow grievance procedures to prevent discrimination in the workplace.

1. What is
Discrimination?

2. TYPES
Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion
Sex
Sexual orientation

3. 
WHO IS PROTECTED
Job Applicants
Existing Employees
Workers
Self Employed Contractors
Employees are covered regardless of the
length of their service or part/full time
status

4. TYPES OF DISCRIMINATION
Direct discrimination
Indirect discrimination
Harassment
Victimisation

5. DIRECT DISCRIMINATION
Employer treats the employee less
favourably than he treats or would treat
others because they possess a
protected characteristic

6. DIRECT DISCRIMINATION (2)
Discriminator's rational is irrelevant
Lack of an intention to discriminate is no
defence
Applies to association e.g. you are married to
someone who has the characteristic
Applies to perceptive discrimination

7. INDIRECT DISCRIMINATION
Provision, criterion or practice (PCP) that
applies to all employees but has a
disadvantageous effect on one particular
group possessing a protected characteristic

8. INDIRECT DISCRIMINATION IF
It places persons with a protected characteristic at a disadvantage
compared to those who do not possesses that protected
characteristic
It actually does or would put the employee at a disadvantage
The employer cannot show that it was a proportionate means of
achieving a legitimate aim
NB: It would be proportionate if it meets a proper business
requirement which cannot be achieved by some other means e.g.
actors

9. HARASSMENT
Harassment provisions apply to all protected
characteristics save for marriage, civil
partnership, pregnancy and maternity

10. HARASSMENT
Engaging in unwanted conduct related to a
protected characteristic; OR
Engaging in unwanted conduct of a sexual nature
That conduct has the purpose or effect of violating
the other person’s dignity, or creating an
intimidating, hostile, degrading, humiliating or
offensive environment for that person.

11. HARASSMENT
May be verbal, non-verbal or physical
An overly sensitive person who takes offence
at a perfectly innocent comment will not be
considered as having been harassed.

12. VICTIMISATION
When an employee is punished for having done a
‘protected act', which is defined as:
Bringing discrimination proceedings under the Equality
Act 2010
Giving evidence or information in connection with such
proceedings
Doing any other thing for the purposes of or in
connection with the Act
Making an allegation of discrimination against the
employer or other persons

13. EXAMPLES OF DISCRIMINATION
In arrangements made for deciding to whom an
offer of employment should be made
By not offering them employment
In the terms of employment
In affording access to promotion, training or other
benefit or facility
By dismissing them
Subjecting them to any other detriment

14. STEPS TO TAKE
Adopt and use an anti-harassment policy
at work which makes clear what constitutes
inappropriate behaviour
Set out how any complaint will be handled
Follow effective disciplinary and
grievance procedures – please see relevant
presentation

15. Questions
Contact Us:
www.employerslawyers.co.uk