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Discrimination

What is discrimination?

Put simply, discrimination is less-favourable treatment. However, it must be appreciated that discrimination is only unlawful if it is because of one of the characteristics that Parliament has legislated to be protected. These are:

• Age
• Disability
• Gender reassignment
• Marriage or Civil Partnership
• Race
• Religion or Belief
• Sex
• Sexual Orientation
• Pregnancy

Part time workers and employees on fixed term contracts also have rights not to be treated less favourably than their full-time and permanent equivalents.

Thus it can be seen that an employer is not unlawfully discriminating against you if he/she subjects you to less favourable treatment simply because of not liking you. However, such treatment may well infringe other rights you may have. Further, there is no automatic right in law to be paid the same rate for doing exactly the same job as the person sitting next to you, if the employer chooses to pay you less. This would only be unlawfully discriminatory if the employer is doing it because of one of the above protected characteristics (e.g. if you are female and the higher-paid person is a man, or vice versa).

Discrimination can be a very complicated area of law. For most categories, a person who believes that their employer has unlawfully discriminated against them would have to show a more favourably-treated comparator. Claims can be complex to run, and should not be embarked upon without taking qualified legal advice. Which? Legal Service can advise you on all aspects of discrimination and on the procedure for bringing and running a claim.

Before considering possible legal action, it is important to try to resolve any problems with your employer first.  Try to deal with it informally to start off with as this may resolve the issue without the need to make a formal grievance or a complaint to an Employment Tribunal. The grievance procedure is usually in place to help employees deal with problems or complaints that they have with their employer.

If you have started with an informal meeting but this hasn't resolved your complaint, then the next step to consider would be following your company grievance procedure.

Usually a grievance procedure is likely to contain:

• Putting your complaint in writing to your employer
  
  
• Having a meeting with your employer
  
  
• The steps on how to appeal your employers decision

If dissatisfied with the outcome, you can appeal.

However, you need to remember that a tribunal complaint must be commenced within 3 months of the discriminatory act complained about, so if the grievance takes a long time you may need to submit your tribunal claim before it is completed to avoid your claim being out of time.

Depending on what your grievance is about, you may be able to take the matter to an employment tribunal. Which? Legal Service can advise you all about this.