The Law deals with discriminaton in relation to sex, race (i.e. race, ethnic or national origin, colour and nationality), age, disability, pregnancy or maternity, status as a married person or civil partner, gender reassignment, sexual orientation, and religion or belief (which covers any religious or philisophical belief).
It is unlawful to discriminate against or harass an individual on grounds of one of the protected characteristics above, in all areas of employment. This includes recruitment, contractual terms, working conditions, promotions, transfers, dismissals and training. It is not only employees who are protected, but also former employees, applicants for employment, agency workers, office-holders and partners. In addition, it is not only employers who may be found liable for discrimination, but also colleagues of the victim and others who have been involved.
The tests and rules governing discrimination vary depending on the particular protected class, but the main points to consider are as follows:
Direct discrimination
A person (A) directly discriminates against another person (B) if A treats B less favourably than A treats, or would treat another person (the comparator) and does so on grounds of their protected characteristics.
Indirect Discrimination
This covers the situation where an Employer implements a practice, provision or criterion in the workplace which appears to treat people equally but it actually adversley affects some groups (defined by referenece to sex, marital status, race, religion or belief, sexual orientation or age) more than others. In this situation, the practice, provision or criterion in question will be unlawful unless it can be objectively justified.
Victimisation
The prohibition on victimisation is intended to ensure that victims and witnesses are not deterred from speaking out against discrimination or harassment for fear of adverse consequences. Usually, victimisation occurs in the situation where an employer has been the subject of a discrimination complaint by a current or former employee.
Harrasment
A person (A) harasses another person (B) where A engages in unwanted conduct on the grounds of one of the protected characteristics and A's conduct has the purpose or effect of violating B's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for B and, having regard to all the circumstances A's conduct should reasonably be considered as having that effect. The test for harassment focuses on what the victim's perception was and whether they feel as though they were being harassed.
If an employee is successful in a discrimination claim, there is no upper limit on the amount of compensation that can be awarded.