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Are you facing a type of discrimination in the workplace? If so, don’t worry. You’re not alone. An alarming study conducted in 2019 found that around 38% of people faced a type of discrimination at work.
As the average person spends one-third of their life at work, it’s important for the working environment to be healthy. Therefore, our solicitors outline the four main types of discrimination in the workplace to help employees and employers understand what type of behaviour is acceptable in the workplace.
If you’re a victim of a type of discrimination in the workplace, we encourage you to seek professional legal advice. An employment solicitor can help you identify whether you have a claim and what your options are. For any further questions, please don’t hesitate to visit our employment law page or contact one of our trusted solicitors directly on 020 3007 5500.
Four types of discrimination in the workplace.
Initially, it can be helpful to review you and your neighbour’s title deeds. These will indicate where the boundary line sits, but title deeds aren’t always accurate. Similarly, looking at the position of hedges and fences likely won’t be enough.
If you do end up in court, you’re expected to have evidence compiled by experts. And when it comes to boundary disputes, the experts are chartered surveyors and chartered land surveyors.
Surveyors will look at multiple information sources, including:
- Measuring the land itself
- Checking the title deeds and any plans attached
- Historical documents
- Aerial photographs
They will use this information to compile a boundary report, which is used to support any arguments in a dispute.
1. Direct discrimination.
Direct discrimination is where somebody has been treated differently or worse than another employee due to an underlying reason. These underlying reasons may be someone’s age, race, religion or beliefs.
An example is if an older employee is not allowed to work as part of a social media marketing team because the company feels they’re too old to understand the concepts, despite having the same level of expertise as younger employees. This example is a direct form of discrimination against this more senior employee due to their age.
Direct discrimination falls into three separate categories. The categories include:
- Ordinary direct discrimination. This type of discrimination is where somebody is treated differently because of a protected characteristic someone possesses. Ordinary direct discrimination is the only type of direct discrimination which may be lawful, but only if it is ‘objectively justifiable’.
- Direct discrimination by association. This type of discrimination is where somebody is treated differently because of a protected characteristic possessed by someone they’re associated with. An example of this type of discrimination is someone being uninvited from work social activities because they’re friends with a colleague who possesses a protected characteristic.
- Direct discrimination by perception. This type of discrimination is where someone is treated differently because of a protected characteristic other people think they possess, regardless of whether the perception is correct.
Direct discrimination can be an intentional or unintentional act. However, regardless of whether there was an intention to discriminate, you can still make a claim against the perpetrator. In discrimination cases, the most important focus is how the victim feels rather than whether the perpetrator meant it in that way.
Do you want to know more about direct discrimination? Please visit our direct discrimination page.
2. Indirect discrimination.
Indirect discrimination is a less obvious type of discrimination than direct discrimination and is usually unintentional.
This type of discrimination in the workplace occurs when a company puts a plan or rule in place, which isn’t discriminatory but puts people with specific characteristics at a disadvantage. An example may be setting a minimum height requirement for a job where height is not relevant. This example discriminates against women (and some specific ethnic groups) who are generally shorter.
In law, you must be able to prove all four elements of a provision, criterion or practice (PCP) for an indirect discrimination claim to be successful. The four components of a PCP are:
- The company applies a plan or rule to a group of people, only some of whom share the protected characteristic.
- It has (or will ) put those who share the protected characteristic at a disadvantage compared to others who do not have the characteristic.
- It puts the person wanting to make a claim at that disadvantage.
- The employer is unable to justify the plan or rule objectively.
Want to know more about indirect discrimination? Please visit our indirect discrimination page.
Struggling with discrimination in the workplace?
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3. Harassment.
Harassment is when somebody is conveying negative behaviour towards a fellow employee, which humiliates, intimidates or excludes them. This type of discrimination in the workplace is a violation of somebody’s dignity and creates a toxic working environment for that person.
Common examples of harassment include:
- Bullying
- Unpleasant nicknames
- Gossiping and spreading rumours about someone
- Asking inappropriate questions
It’s not a defence for the harasser to say that they didn’t mean their behaviour to upset the victim. With harassment, the victim’s feelings towards the action are more important than how the harasser saw the conduct.
Want to know more about harassment? Please visit our harassment page.
4. Victimisation.
The final type of discrimination in the workplace is victimisation. Victimisation is where somebody becomes a victim of harmful behaviour because they have done (or because it’s suspected that they have done or may do) one of the following things in good faith:
- Made an allegation of discrimination
- Supported a complaint of discrimination
- Gave evidence relating to a complaint about discrimination
- Raised a grievance concerning equality or discrimination
- Did anything else for (or in connection with) the Equality Act, such as bringing an employment tribunal claim of discrimination.
By reporting this type of behaviour, you could be a victim to victimisation through being labelled a ‘troublemaker’, being left out and ignored, being denied a promotion, or being made redundant. However, you don’t need to fear victimisation because you’re protected by the Equality Act 2010.
Want to know more about victimisation? Please visit our victimisation page.
When is a type of discrimination in the workplace lawful?
In particular circumstances, direct and indirect discrimination may be lawful if the employer can objectively justify their actions. For example, a food delivery company may bring in a general rule that all the food deliverers must have a valid UK drivers licence. In this instance, people who have disabilities (one of the protected characteristics) may be at a disadvantage as in some cases, as a disability may prohibit someone’s ability to drive.
In this instance, it’s not discrimination for this company to require a valid UK driving licence as driving is an essential part of the job.
Remember...
If you’re unsure whether you’re a victim of discrimination, we encourage you to seek professional legal advice. In many cases, there’s a fine line between an act being lawful or discriminatory. Our solicitors will help you determine whether you have a claim and what your options are in taking one forward.
Why contact our solicitors about a type of discrimination in the workplace?
Workplace discrimination evokes powerful emotional responses as you are not treated fairly due to the very fibre of your being. Unfortunately, it’s these powerful emotions that can cloud your judgement and cause avoidable yet costly mistakes in your case. As a result, instructing a solicitor can ensure you get the justice you deserve. Furthermore, discrimination cases go further than justice for you, as each win plays a part in a much larger movement of stamping out discrimination for good.
In any discrimination case, our employment solicitors will always first require an untimed initial consultation. This initial consultation will guarantee the following:
- Unlimited time to sit down with our solicitor to discuss the details of your discrimination case and ask any questions you might have.
- A clear overview of your legal standpoint and available options.
- An upfront time and fee estimate for your case.
Our solicitors have a thorough understanding of the procedure for bringing discrimination cases to the employment tribunal. For more information, please visit our employment law page or call one of our solicitors directly on 020 3007 5500.
Good Morning,
I have work related stress due to a lack of support from my employer. I am a working parent wishing to reduce my hours to 4 days per week which has been denied. However another female colleague with a child of the same age works 3 days per week, and leaves work early. I have also made a home working request which was denied but approved to a male colleague the next working day. I have signed myself off sick due to work related stress and my employers response was to hint at dismissal. I am looking for advice on my situation as to my less favourable treatment.
Hi Rebecca,
Thank you for your message. Unfortunately, We can’t offer legal advice over the forum. However, several factors may play a part into why your request has been denied. For example, whether your colleagues are in the same department as you.
To get to the bottom of your specific situation, you will need to book an initial consultation with an employment solicitor. Our consultations are untimed, meaning you have as long as you need to discuss your case’s details and available options.
To arrange a consultation, please call us on 01273 726951.
Kind regards,
Dominic
Thankyou so much ..it is very helpful for me?
Hi Lalthuoilien,
Thank you for your message. I’m glad you found the article useful.
Kind regards,
Dominic
I find it helpful that you mentioned all four types of discrimination in the workplace. It’s great that you said it’s important for an employee to seek professional legal advice from an employment lawyer to see if the discrimination they’re facing in the workplace is lawful. One of my friends has been having a hard time with his coworkers because she has been bullied for her gender identity. I’ll call her later to encourage her to speak with an employment lawyer soon. Thanks.
Hi Levi,
Thank you for your comment. I’m happy you found our article on the four types of discrimination in the workplace useful. Thank you for also passing on our information to your friend.
I look forward to her call and helping her get the correct legal support.
Kind regards,
Dominic
What If I’m suffering discrimination for been illegal …
Hi Jen
Thank you for your comment. To help you with your discrimination matter, we would need you to provide us with more details.
Perhaps we can arrange a call to discuss this?
Kind regards,
Dominic
Do the company you work have to be a union base company to file a compliant
Hi Robert
Thank you for your comment. That’s a great question!
Perhaps we can arrange a call to discuss this?
Kind regards,
Dominic
My employer has made hostile work environment knowing that I am pregnant creating circumstances to quit the job. Due to work stress, I already have complications in pregnancy. can you help me?
Hi Aruna,
Thank you for your comment. I’m pleased to inform you that this is something our firm can help you with.
Perhaps you can give us a call on 01273 726951 to discuss your case in more detail.
Kind regards,
Dominic
I am the only Asian American in my office I was sick one day and when I got back to work my supervisor took away my day not to answer the phone away and wouldAnd would not explain why and did not offer to give me another day so I could get my work done without interruptions.
Hi Sheila
Thank you for your comment. To help you with your discrimination matter, we would need you to provide us with more details.
Perhaps we can arrange a call to discuss this?
Kind regards,
Dominic
I was fired for my site manager because of discrimination of age, race and nationality, now i am trying to find help with EEOC but i am not sure if they will helping me because every time i went online for a phone interview its full and there is not chance get it and time is passing
Hi Dolores
Thank you for your comment. To help you with your discrimination matter, we would need you to provide us with more details.
Perhaps we can arrange a call to discuss this?
Kind regards,
Dominic
Need a attorney
Hi Raquel
Thank you for your comment. To help you with your discrimination matter, we would need you to provide us with more details.
Perhaps we can arrange a call to discuss this?
Kind regards,
Dominic
Hey guys I’m Brandon and I was at an job interview and I went through it until the last page of information which I had to get on the computer and do my 10-40 and I didn’t have my route number not my account number to my PayPal card that I had with me so I received an envelope with the card from the company where I had my department that I was assigned to and my 8am until 5pm work schedule and I was supposed to start in the morning for my first day so whenever I did get on the computer I got stuck with my user name and I asked the lady that wouldn’t even give me her name how to do it and she said call the number on the screen so I did and it was a waiting process due to them guys working with other employees the number was associated with The IH Services Family of Businesses so as I waited for the customer service provider the lady that was in the office got up went out the door and went to get My Roberts so he came in and said I will help you get rid of these guys so it was me and another guy so he said I’ma help you so he walked me out and said you can get to the front gate thru this way all because I asked for assistance I never been through this before but it happened for a reason and I promise I’ma get Justice God Will handle Them Folks And A Attorney That works cases like this when the guy came in Mr Roberts and said Mr Townsend I’ma help you then tell me to go through here to get to there that took a lot out of me I could barely walk my number is 843 244 0968 send me a Good attorney because it’s more to this
Hi Brandon
Thank you for your comment. A member of our team will be in touch shortly to discuss your discrimination matter in more detail.
Kind regards,
Dominic
I was terminated while I was out with medical reasons due to covid-19
Hi Dorothy
Thank you for your comment. If you’re looking for help with your matter, we would need you to provide us with more details.
Perhaps we can arrange a call to discuss this?
Kind regards,
Dominic
Do you guys help with discrimination in other matters? Let’s say at a store,doctors office etc or only discrimination at work?
Hi Breens
Thank you for your comment. Yes, we do. To help you with your discrimination matter, we would need you to provide us with more details.
Perhaps we can arrange a call to discuss this?
Kind regards,
Dominic
Good afternoon, i was diagnosed by my doctor with cardiovascular disease after a heart attack. Back in 2019 have constantly been having problems at work i work for the city i live recently i was denied motified duty which i did not request they want me to work overtime knowing that in previous times within the past two years it affected me in the job that i had to go to hospital . Now new administration wanted and excuse which i provided said i could work my regular schedule 8 hrs a day 40 hrs a week but no overtime it was denied by my director but then our wellness called me in and when i asked them for a copy of denial letter they said not to worry . what should i do i have been bullied , harrased , and as of today feel discriminated
I work for a company right here in humble Texas it’s called Lawlers desserts holding they have had a previous lawsuit on them in the past for race discrimination as of where they have treated blacks or African Americans different than they do their other Spanish employees and I have also spoken to my supervisor and ask him different questions and spoke to him about certain employees actions and their tones and what he done was he went right back to the employee and told them and use my name in a sentence and said that I told them this. This created a hostile environment for myself because now of the employees look at me as if I was a snitch or I told it on them but with the things that they have done at the job it’s inappropriate this is not what we do at a workplace .
Other thing this happened at Lawlers desserts holdings an employee maybe he’s a lead but he’s not a supervisor he asked another employee to come help him do something the guy said he was working on something he’s working on the line he couldn’t leave that area he told the employee as they lead F*** that help me other employee said hold up hold up why are you talking to me like that and then told the guy come on let’s go in the freezer and fight and guess what he still works for this company they just told him don’t do that again.What???
Thanks u the backing but I need a job
Okay good