Discrimination

1. Illegal Discrimination

Discrimination in employment is illegal when someone is treated less favourably because of one or more protected characteristics.

1.1 It is illegal to discriminate against anyone on grounds of race, colour, nationality or ethnic origins or on grounds of their religion or philosophical beliefs.

1.2 It is illegal to discriminate against anyone on grounds of their sex (including gender re-assignment) or marital status (including civil partnerships), or on grounds of their actual or perceived sexual orientation.

• Nor can you discriminate because of pregnancy or maternity.

1.3 It is illegal to discriminate without justification against anyone on the grounds of his or her disability.

• Disability is defined as a physical or mental impairment which has a substantial and long-term adverse effect on the ability to carry out day-to-day activities.
• Justification will depend on circumstances. You must investigate to see if the person could carry out the work with 'reasonable adjustment'.

1.4 It is illegal to discriminate against anyone on the grounds of their age.

• You can have a normal retirement age, but it must be no lower than the Default Retirement Age (DRA) - currently 65. You must consider requests from employees to work beyond this age.
• You do not have to offer employment to people who will reach your normal retirement age within six months

1.5 It is illegal to discriminate against fixed-term or part-time workers.

• These workers must be treated no less favourably than full-timers, with the same terms and conditions on a pro rata basis.

1.6 It is illegal to discriminate against someone on the grounds of their membership or non-membership of a trade union.