Q: What characteristics are protected from workplace discrimination under UK law?
A: The Equality Act 2010 protects people from discrimination based on nine protected characteristics:
1. Age
2. Disability
3. Gender reassignment
4. Marriage or civil partnership
5. Pregnancy
6. Maternity
7. race (including ethnic or national origin),
8. Religion or belief, sex,
9. Sexual orientation.
Gov.ukgov.uk.
Source: GOV.UK – Protected characteristics (Equality Act 2010)
Q: What is direct discrimination at work in the UK?
A: Direct discrimination means treating someone less favorably because of a protected characteristic they have (or are thought to have). For example, not hiring a candidate because of their race would be direct discrimination, which is unlawful under the Equality Act.
acas.org.uk.
Source: Acas – Discrimination: definitions of direct discrimination
Q: What is indirect discrimination in the UK?
A: Indirect discrimination is when a rule or policy applies to everyone but puts people with a certain protected characteristic at a disadvantage. It's unlawful if it can't be justified. For example, a company policy requiring full-time work might indirectly disadvantage women (who are more likely to need part-time hours).
acas.org.uk.
Source: Acas – Discrimination: definition of indirect discrimination
Q: What counts as harassment in the workplace in the UK?
A: Harassment is unwanted conduct related to a protected characteristic that violates a person's dignity or creates an intimidating, hostile, or offensive environment for them. It can include things like offensive comments, bullying, or jokes about someone's sex, race, disability, etc., and it's unlawful under the Equality Act.
Gov.ukgov.uk.
Source: GOV.UK – Workplace bullying and harassment (definitions)
Q: What is victimisation under discrimination law in the UK?
A: Victimisation means treating someone badly because they've complained of discrimination or supported someone else's complaint. For example, if an employee is denied promotion because they filed a discrimination grievance, that's unlawful victimisation under the Equality Act.
acas.org.uk.
Source: Acas – Discrimination: definition of victimisation
Q: What are reasonable adjustments for disabled employees in the UK?
A: "Reasonable adjustments" are changes an employer must make to remove or reduce disadvantages for a disabled worker. This can include adjustments to the workplace or job (for example, providing special equipment, altering hours, or giving extra support) so that disabled employees can work safely and productively.Govv.ukgov.uk.
Source: GOV.UK – Reasonable adjustments for disabled workers (overview)
Q: Do employer need an equal opportunities or diversity policy under UK law?
A: There's no law forcing private employers to have a written equal opportunities policy, but it's strongly recommended. Having a clear equality policy (covering non-discrimination, harassment, etc.) helps show your commitment to fair treatment and can help prevent discrimination
. (Public sector employers do have specific equality duties.)
Source: Acas – Making your workplace inclusive (equality policy guidance)
Q: How should an employer handle an employee's discrimination complaint in the UK?
A: To handle an employee's discrimination complaint in the UK, here’s a concise step-by-step guide based on Acas Code of Practice:
- Acknowledge the Complaint: Confirm receipt and reassure the employee it will be handled seriously and fairly.
- Investigate Promptly: Assign a neutral person to gather facts and interview involved parties confidentially.
- Follow Internal Procedures: Use your grievance or dignity-at-work policy to guide the process.
- Hold a Formal Meeting: Allow the employee to present their case and bring a companion if they wish.
- Make a Decision: Conclude the investigation, document findings, and inform the employee of the outcome.
- Take Action: If discrimination is found, take appropriate disciplinary or remedial steps.
- Offer the Right to Appeal: The employee should be allowed to appeal the decision through a clear process.
- Avoid Retaliation: Never punish or dismiss someone for raising a discrimination concern.
acas.org.uk.
Source: Acas – Preventing discrimination: handling complaints
Q: Is "positive discrimination" (hiring someone because they're from an underrepresented group) allowed in the UK?
A: No, choosing someone solely because of a protected characteristic (positive discrimination) is generally unlawful. Employers can take positive action in limited ways (for example, encouraging underrepresented groups to apply, or as a tiebreak between equally qualified candidates), but you cannot hire or promote someone just because of their gender, race, etc., if others are better qualified.
acas.org.uk.
Source: Acas – Positive action vs. discrimination (example)
Q: What is a "genuine occupational requirement" in the UK?
A: In very limited cases, an employer can insist on a specific protected characteristic for a role if it's a genuine requirement of the job. For example, hiring a female support worker for a women's refuge could be allowed. These occupational requirements are exceptions in discrimination law; they must be crucial to the job and applied narrowly.
acas.org.uk.
Source: Acas – When an employer can require a certain characteristic (occupational requirement)
Q: Are employees protected from discrimination from day one, or is there a service requirement in UK labor law?
A: Protection from unlawful discrimination applies from day one of employment (and even in recruitment). There's no minimum service requirement; workers are protected from discrimination and harassment based on protected characteristics during hiring and throughout employment.
cipd.orgcipd.org.
Source: CIPD – Discrimination law overview (no service requirement)
Q: Can an employer be liable if staff harass or discriminate against someone at work in the UK?
A: Yes. Employers are legally vicariously liable for discriminatory acts by their employees in the course of work. If, for example, an employee harasses a colleague, the employer can be held responsible at tribunal unless they can show they took all reasonable steps to prevent it (like having proper policies and training)
acas.org.uktuc.org.uk.
Source: TUC – Employer's duties (liability for staff actions)
Q: What can happen if an employer breaches discrimination laws in the UK?
A: An employee can bring a claim to an Employment Tribunal. If the tribunal finds discrimination occurred, compensation is uncapped (including loss of earnings and injury to feelings) and there's no upper limit on awards. Aside from the financial costs, it harms staff morale and the company's reputation, so it's crucial to comply with equality law.
Gov.uk.
Source: GOV.UK – Employment Tribunal compensation (no limit for discrimination)
