indirect discrimination

  • Age Discrimination

    Discrimination in relation to the age of employees, job seekers or trainees, regardless of whether they are younger or older, is unlawful under the Equality Act 2010.

    It is important to understand the different types of age discrimination, which include:

     Direct Discrimination

    • This occurs when an employee, job seeker, or trainee is treated in a unfavourable manner due to their actual age, perceived age or the age of someone they associate with.
    • In relation to discrimination due to an employees actual age, this can actually be justified as long as it can be classed as a “proportionate means of achieving a legitimate aim”, for example all employees should receive at least the national minimum wage for the age range. Although there are exceptions, as a younger employee may be entitled to receive a higher wage, due to their length of service.
    •  Disability Discrimination

      The Equality Act 2010 sets out the rights and responsibilities of disabled workers, who are either mentally or physically disabled, protecting them against discrimination in the workplace.

      To clarify, an employee can be categorised as disabled if they have a long-term physical or mental impairment, which hinders them from carrying out everyday tasks in the workplace, which could include: manual handling, Navigating a computer, colleague interaction, etc.

      There are various types of disability discrimination, including:

    • Racial Discrimination at work In accordance with the Equality Act 2010, which has set out rules in relation to racial discrimination against potential and current employees in the workplace. This includes discrimination against colour, nationality, and ethnicity.

      There are four main types of racial discrimination, including:

      • Direct Discrimination, which occurs when an employee is treated less favourably in relation to another member of staff due to their actual race, perceived race, or the race of an employee’s associate.
      •  

        Religious Discrimination

        It is unlawful to discriminate against anyone for their religion or belief, as well as an individual’s lack of religion or belief, in accordance with the Equality Act 2010.

        In a work environment, all employees should be protected against discrimination of their religious faith or philosophical belief. This ensures that all aspects of religion and philosophy are equal, and that one employee’s faith or belief does not dominate another, including their superiors’ religion or belief.

        In respect of philosophical beliefs, an individual or group must show substantial evidence of their belief system being a dominant aspect in their lives. This should also ensure that their belief does not conflict with the fundamental rights of their colleagues. The main focus areas to consider when dealing with religion or belief discrimination include:

      • Sex discrimination at work

        Under the Equality Act 2010, It is deemed unlawful to discriminate against someone based on their gender. Sex discrimination usually occurs in work environments; therefore, employers should ensure that their policies and procedures in place to deal with any complaints regarding discrimination.

        There are four different types of sex discrimination, including:

        • Direct Discrimination, which occurs when someone treats you unfairly in comparison to someone of a different gender. An example of this would be if a pregnant employee was apprehended for being off sick because of her morning sickness. This is direct discrimination against pregnant women.
        • Scottish Trades Union Congress

          A former employee of the Scottish Trade Union Congress (STUC), Zaffir Hakim, has recently been successful in his race discrimination case against the STUC, with the assistance of the Equality and Human Rights Commission. Ultimately, the Employment Appeal Tribunal ruled that Mr Hakim had been unfairly dismissed by STUC, after 11 years of service working under a Scottish Government-funded scheme. This scheme was actually targeting workplace racism, although ultimately decided to allow Mr Hakim’s white colleague to stay on in a similar role.

          Zaffir Hakim started work under the STUC in 2003, working as a Development Officer for the One Workplace Equal Rights Project, which was launched by STUC in order to “challenge discrimination in the workplace and promote good practice”. Although, Mr Hakim actually made several complaints regarding racial discrimination under STUC, stating:

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