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Monday, 08 September 2008
Discrimination -
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Discrimination
Illegal Discrimination
Test of Discrimination
Setting Standards
Equal Treatment
Dealing with a Complaint
Allowable Discrimination
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Discrimination

1. Illegal Discrimination

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Discrimination in employment is illegal when someone is treated less favourably on specific grounds.

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

1.2 It is illegal to discriminate against anyone on grounds of their religion or philosophical belief.

1.3 It is illegal to discriminate against anyone on grounds of their sex (including gender re-assignment) or marital status (including civil partnerships). Nor can you discriminate because of pregnancy or childbirth.

1.4 It is illegal to discriminate against anyone on grounds of their actual or perceived sexual orientation.

  • You would be breaking the law if you discriminated against someone because you thought they were gay, whether they were or not.

1.5 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'.

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

  • You can have a normal retirement age, but it must be at least 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

1.7 It is illegal to discriminate against someone who is working part-time.

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