Types of discrimination
- direct discrimination
- indirect discrimination
- associate discrimination
- perceptive discrimination
All the above types of discrimination are defined on the Government’s website: Discrimination: your rights: Types of discrimination ('protected characteristics')
Proportionate means of achieving a legitimate aim
The Equality Act 2010 provides for exceptional circumstances where unfavourable treatment, or any disadvantage caused to a claimant may not necessarily equate to unlawful discrimination. However these will be rare and HR and legal advice must be sought.
Harassment and bullying
Unwanted conduct, related to one of the protected characteristics, that has the purpose or effect of:
- violating a person's dignity
- or, creating an intimidating, hostile, degrading, humiliating or offensive environment
Employees or the public can complain of behaviour that they find offensive even if it is not directed at them. The complainant need not have the relevant characteristic themselves.
Those who commit severe acts of harassment may be guilty of a criminal offence.
Bullying an individual related to a protected characteristic can be unlawful behaviour.
Bullying is offensive, intimidating, malicious or insulting behaviour. It is an abuse or misuse of power. It undermines, humiliates, denigrates or injures an individual or a group of employees.
Victimisation
An individual is subject to a detriment when, for example, an employee is denied a promotion because they:
- made or supported a complaint
- raised a concern
- are suspected of submitting a complaint or concern
or
- a member of the public being denied our services because they:
- made or supported a complaint
- raised a concern or we suspect they have done so
Failure to make reasonable adjustments
By law, we must make reasonable adjustments. These ensure we do not disadvantage disabled people compared to those who are not disabled. They fall into three areas:
- changing practices, policies and procedures
- physical feature, for example, a barrier
- providing extra equipment or getting someone to do something to assist you
Reasonable adjustments are however not limitless and will need to be a balanced alongside with cost, likely impact and the working environment