Definition
Unfair treatment of an employee or job applicant based on a protected characteristic. It can take several forms including direct discrimination, indirect discrimination, harassment, and victimisation. Discrimination is unlawful at all stages of employment.
UK Context
The Equality Act 2010 prohibits discrimination in the workplace. Claims can be brought to an employment tribunal with no cap on compensation for discrimination claims. Employers can be vicariously liable for discriminatory acts by their employees unless they can show they took all reasonable steps to prevent it.
Best Practices
- Implement regular equality, diversity, and inclusion training for all staff including senior management
- Establish clear reporting channels for discrimination complaints with protection for those who report
- Take all complaints seriously, investigate promptly, and take appropriate action to prevent recurrence
Frequently Asked Questions
What should an employee do if they experience discrimination?
They should record the details including dates and witnesses, raise it through the employer's grievance procedure, and seek advice from ACAS or a legal adviser. They can also contact ACAS for Early Conciliation before making a tribunal claim.
Can an employer be liable for discrimination by one employee against another?
Yes, under vicarious liability, employers are responsible for discriminatory acts by their employees during the course of employment. The only defence is to show that they took all reasonable steps to prevent the discrimination.