Discrimination and Disability
Discrimination according to the law is defined as when an employer treats you less favourably than other employees due to sex, sexual orientation, race, religion or belief, disability or the membership of a union.
This is distinct from harassment (a form of discrimination), which is an employee being singled out or victimised due to one of the above.
Discrimination is extremely hard to prove, and we would advise that if you think you are being discriminated against, you should write a logbook of events (no matter how small) specifying what happened, where, who was involved and the date and time. Your rights against harassment begin as soon as your contract is signed.
It must also be noted that there are some 'Genuine Occupational Qualifications' that mean that discrimination is legal, such as casting for a play or employment as a priest in a particular religion.
Types of Discrimination
Sexual
Sexual discrimination (including for those who have undergone gender realignment) is illegal, except in a few cases, called Genuine Occupational Qualifications. These can include casting for acting roles, decency (e.g. single-sex swimming pool attendant), residential employment, single sex establishments and some welfare appointments.
Where you are in a same-sex relationship, you have the same rights as any unmarried heterosexual couple. This extends to all areas, including maternity, paternity and adoption leave.
Racial
Under the 2000 Race Relations act, racial discrimination can be discrimination in terms of ethnicity, colour, language or nationality.
Religious
You are protected from discrimination both due to your religious beliefs whatever they may be. This also extends to atheism or discrimination between different denominations in the same religion.
Disability
Under the recent Disability Discrimination Act (DDA), your employer is not allowed to treat you less favourably if you have either a mental or physical disability, visible, or invisible.
The DDA is in effect not only in workplaces but also in terms of the accessibility of buying or renting property, and access to goods and services.
It defines a disability as any condition, physical or mental, that negatively affects your ability to conduct day-to-day activities.
In terms of the workplace, it requires the employer to make 'reasonable' adjustment to the working environment in order to ensure that discrimination against people with disabilities is minimised. Reasonable adjustment, however, is a fairly vague term, and employers can often excuse themselves from major reconstruction or purchasing of materials on the grounds that it is not economically viable. You (whether you have disabilities or not) have the right to appeal this decision at an employment tribunal, but it requires specialist advice from disability rights experts.
If you have a disability that would fall under the DDA, you do not automatically 'qualify'. If you wish to undertake action under the DDA you must somehow prove to your employer that you have a disability. Notes from doctors or other healthcare professionals can be useful in this respect, but they are not classed as 'certification' for a disability, rather they can be used as strong supporting evidence in a dispute. Employers will often claim that you are not 'really' disabled as their first line of defence, so it is important to go into detail about the restrictions on your everyday life that your disability causes. Your union and medical practitioners can help you with this.
Under the DDA, you may also qualify for extra materials such as computer software. This requires an assessment by Access to Work (a government branch), and your employer to pay for the equipment. Your employer will then invoice Access to Work in order to claim back the money spent. This means that economic reasons should not affect your employers' decision, and refusal to comply with the recommendations of your assessment is classed as discrimination. You are, however, expected to return the equipment to Access to Work (via your employer) once your contract ends.
Harassment and Bullying
If you feel you are being harassed or bullied at work, initially you should undertake your works' grievance procedure. During this procedure, you have the right to be accompanied by a colleague or union official.
Equal Pay
Men and women, by law, should receive equal pay if they are doing the same job, or if that job is considered:
- "Like work": performing highly similar tasks.
- "Work of Equal Value": different work, but considered equivalent in terms of complexity, responsibility and so on.
- "Work Rated as Equivalent": different work, but which has been officially
rated as equivalent by a job evaluation scheme.
If you wish to make a claim for equal pay on the basis of Work of Equal Value, you must find someone of the opposite sex to which you can compare your own job. Then, you must take your claim to an employment tribunal.