What is discrimination?

• Discrimination occurs in different ways, some more obvious than others. Discrimination on the grounds of any of the Protected Characteristics is prohibited by law, even if unintentional, unless a particular exception applies.

Direct discrimination

• Direct Discrimination is less favourable treatment because of one of the Protected Characteristics. Examples would include refusing a woman a job as a chauffeur because you believe that women are not good drivers or restricting recruitment to persons under 40 because you want to have a young and dynamic workforce.
• Direct discrimination can arise in some cases even though the person complaining does not actually possess the Protected Characteristic but is perceived to have it or associates with other people who do. For example, when a person is less favourably treated because they are (wrongly) believed to be homosexual or because they have a spouse who is Muslim. Indirect discrimination
• Indirect discrimination arises when an employer applies an apparently neutral provision, criterion or practice which in fact puts individuals with a particular Protected Characteristic at a disadvantage, statistically and this is unjustified. To show discrimination the individual complaining also has to be personally disadvantaged. An example would be a requirement for job candidates to have ten years’ experience in a particular role, since this will be harder for young people to satisfy. This kind of discrimination is unlawful unless it is a proportionate means of achieving a legitimate aim.

Victimisation

• Victimisation means treating a person less favourably because they have made a complaint of discrimination or have provided information in connection with a complaint or because they might do one of these things.

Harassment

• Harassment is:
  • unwanted conduct which is related to a Protected Characteristic and which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them: or
  • unwanted conduct which is of a sexual nature and which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them (Sexual Harassment); or
  • less favourable treatment because of the rejection of or the submission to Sexual Harassment.
• Harassment can arise in some cases even though the person complaining does not actually possess a Protected Characteristic but is perceived to have it (for example, when a person is harassed because they are (wrongly believed to be homosexual) or associates with other people who possess a Protected Characteristic (for example, because they have a spouse who is Muslim).
• Harassment may include:
  • use of insults or slurs based on a Protected Characteristic or of a sexual nature or other verbal abuse or derogatory, offensive or stereotyping jokes or remarks;
  • physical or verbal abuse, threatening or intimidating behaviour because of a Protected Characteristic or behaviour of a sexual nature;
  • unwelcome physical contact including touching, hugging, kissing, pinching or patting, brushing past, invading personal space, pushing grabbing or other assaults;
  • mocking, mimicking or belittling a person’s disability, appearance, accent or other personal characteristics;
  • unwelcome requests for sexual acts or favours; verbal sexual advances, vulgar, sexual, suggestive or explicit comments or behaviour;
  • repeated requests, either explicitly or implicitly, for dates;
  • repeated requests for social contact or after it has been made clear that requests are unwelcome;
  • comments about body parts or sexual preference;
  • displaying or distributing offensive or explicit pictures, items or materials relating to a Protected Characteristic or of a sexual nature;
  • shunning or ostracising someone, for example, by deliberately excluding them from conversations or activities;
  • ‘outing’ or threatening to ‘out’ someone’s sexual orientation (ie to make it known);
  • explicit or implicit suggestions that employment status or progression is related to toleration of, or acquiescence to sexual advances, or other behaviour amounting to harassment.
• Other important points to note about harassment:
  • a single incident can amount to harassment;
  • behaviour that has continued for a long period without complaint can amount to harassment;
  • it is not necessary for an individual to intend to harass someone for their behaviour to amount to harassment;
  • it is not necessarily for an individual to communicate that behaviour is unwelcome before it amounts to harassment; and
  • the onus is on each individual to be certain that their behaviour and conduct is appropriate and is not unwanted and in the case of doubt, you must refrain from such conduct. Disability discrimination
• This could be direct or indirect discrimination, and is any unjustified less favourable treatment because of the effects of a disability, and failure to make reasonable adjustments to alleviate disadvantages caused by a disability.