• Sex/marital status
• Gender reassignment
• Race
• Religion or belief
• Sexual orientation
• Disability
• Age
• Trade Union membership
• Part-time work
• Fixed-term work

You do not just have to have been dismissed to claim discrimination, you can suffer discrimination whilst still in your employment. This can occur in 2 main ways:

• Direct discrimination
  • Being treated less favourably by your employer
  • Failure by your employer to make reasonable adjustments
  • Victimisation
• Indirect discrimination

METHODS OF DISCRIMINATION

Direct Discrimination

There are three main ways in which you can be directly discriminated against:

1. Being treated less favourably for a reason relating to your sex/race/religion/ disability/other accepted reason in circumstances where the treatment cannot be justified

For example, Tom is a disabled person and had six months off because of his disability and is dismissed. Chris, a non-disabled fellow employee also also had six months off due to a broken leg, but was not dismissed. Tom has ,therefore, been treated less favourably because of his disability. Tom may have a claim for disibility discrimination.

2. Your employer has failed to comply with its duty to make a reasonable adjustment to your working conditions, which allows you to perform to a similar level of performance of your colleagues

For example, Sarah has dyslexia and applies for a job, which involves writing letters. As part of the interview process Sarah must undergo a test of her letter writing abilities. Sarah can generally write letters very well, but finds it difficult to do so in stressful situations and with short deadlines. Her potential employer does not give her additional time to take the test and is therefore failing to make reasonable adjustments to facilitate her disability. Sarah may have a claim for disability discrimination.

3. Victimised you and/or subjecting you to some form of harassment

For example, the men at Sharon's work pick on her for being female and constantly undermine her ability on the basis she is a woman. Sharon may have a claim for sex discrimination.

Indirect Discrimination

Your employer implements a working practice, which applies to everybody but has specific detriment to employees who are for example, disabled. This can apply to any of the grounds for discrimination, not just disability.

For example, Jonathan's employer makes it a working practice that on every monday morning all staff must partake in staff training. Jonathan's disabilty means that he has to undertake physiotherapy every monday morning. As a result of missing staff training Jonathan is dismissed. Jonathan may have a claim for disability discrimination.

SEX/MARITAL STATUS DISCRIMINATION

Not only are you protected from discrimination on the grounds of sex/marital status whilst in employment, you are also protected in recruitment, promotion, access to benefits and dismissal.

The above applies either directly or indirectly and covers, men, women, married persons, those who have or who are going to undergo gender reassignment.

It is against the law to be passed over for promotion, not given a job, not get the same benefits as someone else orbe dismissed on the basis of the above.

If this has happened to you, you may have a claim for discrimination or dismissal so contact us today.

RACE DISCRIMINATION

Not only are you protected from discrimination on the grounds of race whilst in employment, you are also protected in recruitment, promotion, access to benefits and dismissal.

The above applies either directly or indirectly. It is against the law to be passed over for promotion, not given a job, not get the same benefits as someone else, be dismissed or harrassed on the grounds of your race.

If this has happened to you, you may have a claim for discrimination or dismissal so contact us today.

RELIGIOUS/BELIEF DISCRIMINATION

Not only are you protected from discrimination on the grounds of race whilst in employment, you are also protected in recruitment, promotion, access to benefits and dismissal.

The above applies either directly, indirectly, in terms of victimisation or harrassment. It is against the law to be passed over for promotion, not given a job, not get the same benefits as someone else or be dismissed on the grounds of your religion or belief.

Religion/belief quite simply means any religion, religious belief or philosophical belief. For the less common religions which are not known to the tribunal, when deciding whether the religion in question meets the regulations, the Tribunal will look at whether there is any collective worship, a clear belief system and what impact this has on the way you view the world.

There is an exception to this head of discrimination where the there is a genuine occupational requirement for the person taking the job to be of a certain religion.

Ifyou think that you have been discriminated in this way, you may have a claim for discrimination or dismissal so contact us today.

DISABILITY DISCRIMINATION

The Disability Discrimination Act 1995 gives rights to disabled persons in the following areas:

• Employment and occupation
• Access to goods, facilities and services; the management, buying, or renting of land or property; and
• Education

In terms of your employment, this means that if your employer has treated you in one of the ways stated in 'methods of discrimination' you could have a claim for disability discrimination.

Disability does not just include physical disability in the way most people think. The law provides for anyone with a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

This can even include impairments such as cancer, multiple sclerosis, arthritis. When considering whether a mental impairment meets the requirements if your condition is one that is a well recognised illness, then you can argue that you have a disbility under the Act. A full list of included mental illnesses can be found on the World Health Organisation International Classification of Diseases.

Generally adictions are not considered to be disabilities for the purpose of the act.

This provision extends to those that are currently being discriminated against while presently in employment or those that feel that they have been unfairly dismissed from employment. However, if you are or you know a person(s) that might fit into any of the above sections please do not hesitate to contact us.

AGE DISCRIMINATION

This was only recently brought in in October 2006 and protects people from discrimination on the grounds of their age. It is designed to protect both the older generations and the younger ones either from discrimination.

The regulations apply to direct and indirect discrimination, victimisation and harrassment on the grounds of age. Action can even be brought against your employer if you have been subjected to any of the above by a fellow employee.

The regulations are very wide and so if you think that you are being discriminated against or harrassed or victimised because of your age, contact us today and see if we can help.

OTHER DISCRIMINATION

If you think that you have been discriminated against or victimised or harrassed because of any of the 10 grounds listed in types of discrimination, you may have a claim against your employer/former employer.

Action can sometimes even be brought against your employer if you have been subjected to any of the above by a fellow employee and not the employers themselves.

The regulations are very wide and so if you think that you are being discriminated against or harrassed or victimised because of any recognised ground for discrimination, contact us today and see if we can help.