Discrimination

The Equality Act 2010 legislates against discrimination in the workplace and ensures that any employees with “protected characteristics” doesn’t receive unfair treatment.

The named protected characteristics include: 

• Gender
• Race
• Maternity
• Pregnancy
• Religion
• Sexual orientation
• Age
• Gender reassignment
• Marital status
• Disability

The legislation provides protection for a wide group of individuals including:

• Employees and job applicants
• Agency and contract workers
• Police officers and those applying to join the police
• Partners (including an LLP) and those applying to become partners
• Trainee advocates and barristers

As can be seen from this list, you don’t need to be in a position in order to receive the protection. In many cases the legislation extends to cover individuals who are applying for the job or role.

There are four defined types of discrimination covered by this legislation (although this increases to six when you factor in disability discrimination). These four primary types are:

• Direct discrimination. This is when less favourable treatment is received because of a protected characteristic.
• Indirect discrimination. This is when a provision, criterion or practice (PCP) is introduced which creates a particular disadvantage for a group of individuals who have a protected characteristic, and may also target a specific person. There may be a defence against indirect discrimination if the PCP can be justified objectively. In order to do this, the employer must be able to demonstrate it is a reasonable measure which is proportionate and has been introduced to achieve a legitimate outcome
• Harassment relating to the protected characteristic
• Victimising an individual because they have either raised, or helped someone else to raise, a complaint relating to discrimination. 

The application of the legislation may not always be clear-cut and may become a contentious issue. Whether you are an employer defending a claim of discrimination, or you have been discriminated against yourself, we can help.

Unlike many law firms when we say partner or barrister led, we mean partner or barrister led. When clients work with us, they get constant access to the lead on their instruction. Yes, we have a team of solicitors and juniors for some of the groundwork and necessary research required by our clients, but this is when it makes financial sense to the client for us to do this. We provide constant contact at no extra cost as part of our service as most of our lawyers have their own business, so they know first-hand how important having a proactive, responsible and trusted partner on their side can be. And also how to work to a financial budget, and the way that legal decisions impact the wider organisation, which often requires balancing risks and competing interests.