Employment Law: the Basics

4. Discrimination

4.1 Treating someone less favourably because of their race, sex, age, disability, pregnancy, sexual orientation, religion, philosophical belief, membership or non-membership of a trade union, marital status (including same sex civil partnerships) or pregnancy, childbirth, or care responsibilities or part-time status is illegal.

4.2 Indirect discrimination occurs if you impose a 'provision, criterion or practice' which members of one sex or one racial group are much less likely to be able to comply with, and which cannot be objectively justified.

4.3 If you treat someone less favourably because of their actions (or potential actions) in connection with discrimination proceedings, it could count as victimisation.

4.4 When dealing with people with disabilities, you must be prepared to make 'reasonable adjustments' to enable them to work.

• In some circumstances, you may be justified in refusing to make adjustments.
• All businesses are now covered by this law.

4.5 As an employer, you are responsible not only for any discrimination which you practise, but also for any practised by your employees.

• Be prepared to investigate complaints thoroughly and impartially. If the complaint is justified, be ready to offer redress and change your policies.