Author: Priya Cunningham at Thompsons Solicitors (see website)
The concept of equality is straightforward; no one should be unfairly treated.
The Equality Act 2010 protects people from being discriminated against, not only in their workplace, but also in the provision of services. This covers access to healthcare, access to education, access and service from business such as banks, access to service from transport and access to and service from public bodies such as housing associations or local authorities.
Discrimination occurs where someone is treated less favourably because of their race, age, sex, disability, marriage or civil partnership status, religion or belief, because they have had gender reassignment, or because of their sexual orientation. These are known as protected characteristics. Discrimination can also occur by way of association, for example if someone is treated less favourably because they are married to someone who is Polish.
There are 4 types of ways that discrimination can occur. These are direct discrimination, indirect discrimination, harassment and victimisation.
Direct discrimination occurs where a person discriminates against another person because of one of the protected characteristics and treats that person less favourably than they would treat someone who did not have the protected characteristic. For example, if an employer refuses to give a Polish worker a pay rise because of their nationality, but gives a pay rise to non-Polish staff.
Indirect discrimination occurs where an employer operates a policy, provision or criteria which is applied to everyone, but which leaves a protected group at a disadvantage. For example, if an employer requires all its employees to work on a Sunday, employees who are Christian may be put at a disadvantage as this would stop them attending church. Indirect discrimination is often not intentional on the part of the employer. In most instances, indirect discrimination occurs accidentally in circumstances where the employer has not thought about the impact on a certain group of people.
In order to justify indirect discrimination, the employer must show that the provision, criteria or practice was being used a fair way of achieving a legitimate aim. Essentially, the employer must be able to show that their business would not function without the provision, criteria or practice. If they cannot show this then the Employment Tribunal will most likely find that the employer has discriminated.
TBC