Discrimination

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Discrimination

You are entitled to work in a reasonable and respectful environment. It is illegal to treat an employee less favourably because of their gender, marital status, pregnancy, trade union membership, race, religion or belief, ethnicity, sexual orientation, illness or disability. In October 2006 discrimination because of age will be added to the list. If a co-worker is discriminating against you and your employer fails to take action to stop it, then both the co-worker and the employer may be breaking the law.

If you are being subjected to hostility or unfair treatment for any reason, then in the first instance you should speak to a work colleague. This could be your line manager or another senior person at your workplace.

If you do not feel comfortable speaking to someone so close to your working environment and if your employer has a personnel or HR department, you may be able to speak to someone there. They can then advise you on the best way to proceed with your specific situation.

At first your line manager or the personnel or HR representative should see if it is possible to reach a solution quickly and informally, for instance by having a word with the member of staff the complaint is about. Often drawing attention to the behaviour and its effects will solve the problem. In the case of disability discrimination your employer has a duty to make reasonable adjustments to your working environment or practices to accommodate your disability. It may be that highlighting the problem will allow them to find a solution without the need for further action.

If you do not feel that the problem has been dealt with, or you feel that the behaviour was more serious, you can make a complaint (see Handling Grievances).

If you feel that the matter has still not been dealt with or that it was too serious to be dealt with internally, you may wish to take it further. Discrimination is taken very seriously by the law. You may be entitled to damages, based on loss of wages or opportunities. You may also be entitled to aggravated damages – an extra award to reflect the difficult time you were given. You can make a claim against the individual concerned. If your employer, once they are aware of the sitaution, fails to act to stop the victimisation then they may be made to pay damages.

Age discrimination will be outlawed later this year. From October 2006, if you are treated less favourably because of your age or put at a particular disadvantage because of your age, this may be considered unlawful discrimination under the Employment Equality (Age) Regulations 2006. The new legislation covers employees before, during and at the end of their employment. For example, even if your employment contract states that you are to retire at the age of 65, your employer will still have to follow an appropriate procedure. This includes notifying you in writing not more than 12 months and not less than six months beforehand of your right to request to work beyond the intended age of retirement. If you are dismissed without the correct procedure having been followed, you may be able to claim unfair dismissal.

In any discrimination case it is crucial to get as much evidence as possible. It is not enough to show that you have been denied an opportunity or treated in a hostile way. You need to show that you suffered because of the form of discrimination of which you are complaining. Suitable evidence may be obtained from colleagues who witnessed the adverse behaviour and are willing to make statements.

If you make a claim you can also ask your employer for information. For instance, if you feel that you did not get a promotion to a management position because of your race, you might ask your employer about both the reasons you did not get the promotion and also the racial make-up of their staff. They should reveal the criteria on which the applicants were assessed and show where you did not meet the standard sought. Your employer could also be asked to provide information on how many members of staff they have from different racial backgrounds and what proportion of those members of staff are in management.

A claim for discrimination may result in damages, or in the employer being told to change their practices, or both.

Overview:

If you are still in the job, raise a grievance with your employer.
If the outcome is not satisfactory or if you are no longer employed by them, file a claim form with the employment tribunal within three months of the last act you are complaining about.
Send the employer a questionnaire, requesting further details about the company or other matters relating to the claim.
Prepare and file witness statements, details of loss, experts' reports or other information as required, at the times directed by the tribunal or agreed with the employer.
Attend the hearing at a tribunal.