Direct Discrimination

1. Direct Discrimination • Direct discrimination is defined as unlawful in the same areas specified in the Equality Act 2010 (i.e. services and public functions, premises, work, education and associations). Less favourable treatment could be anything from not gaining employment to receiving poorer services. It did not matter what motivated the treatment.

2. Indirect Discrimination • Indirect discrimination means applying a criterion, provision or practice which was not a proportionate means of achieving a legitimate aim, disadvantaged people of a particular age, gender, race, disability, religion or belief or sexual orientation and disadvantaged a particular individual from a protected group.

3. Harassment • Harassmentis unwanted conduct – on or because of a protected ground - that violated a person’s dignity or created an intimidating, hostile, degrading, humiliating or offensive environment having regard to all the circumstances and the perception of the victim – this definition applies to all strands and protected groups. The effect of the behaviour is important – not the motivation of the person being complained about, or their intention.

4. Victimisation • Victimisation is prohibited under The Equality Act 2010. The victimisation provisions are designed to ensure that individuals who allege discrimination are not too afraid to make a legal complaint and/or frightened into withdrawing a complaint. An individual (e.g. a worker or service-user) need not have a particular protected characteristic in order to be protected against victimisation under the Act; to be unlawful, victimisation must be linked to a ‘protected act’.

5. Example • A 70 year old lady was refused a broadband contract by Carphone Warehouse in the UK and was told that she could only register if she came to the store with a younger member of her family. The Carphone Warehouse has provided guidance to staff not to sell broadband contracts to customers aged 70+ as they believe they will not understand the terms of the contract. This is direct discrimination.

6. Example without answer A 70 year old lady was refused a broadband contract by Carphone Warehouse in the UK and was told that she could only register if she came to the store with a younger member of her family. The Carphone Warehouse has provided guidance to staff not to sell broadband contracts to customers aged 70+ as they believe they will not understand the terms of the contract.

7. Example A manager arranges for his team to go to football matches once a month. During these trips, a group of employees chant anti-Muslim slogans and make offensive comments about Islam. The manager does nothing to stop his staff’s behaviour. This is an example of direct discrimination and religious harassment. Companies can be held responsible for harassment carried out by their staff in the workplace or at an event or venue associated with work.

8. Example without answer A manager arranges for his team to go to football matches once a month. During these trips, a group of employees chant anti-Muslim slogans and make offensive comments about Islam. The manager does nothing to stop his staff’s behaviour.

9. Example A Black African employee applied for the post of equal opportunities manager in his organisation. He was assessed as having the skills and ability for the job. However, his application was rejected because, unknown to him, the post was open only to permanent staff at higher grades than his. Monitoring data showed that the organisation had no permanent Black African employees at the grades in question. The employment tribunal held that there was no justification for the requirement, and that it amounted to indirect discrimination on racial grounds.

10. Example without answer A Black African employee applied for the post of equal opportunities manager in his organisation. He was assessed as having the skills and ability for the job. However, his application was rejected because, unknown to him, the post was open only to permanent staff at higher grades than his. Monitoring data showed that the organisation had no permanent Black African employees at the grades in question.

11. Example A Sikh man takes his employer to a tribunal for banning ‘headwear’, as his religion says he must wear a turban. He later leaves the company and asks his old employer for a reference. The employer refuses, saying that the man is a ‘troublemaker’ and he couldn’t recommend him to another employer. This would be unlawful victimisation

12. Example without answer A Sikh man takes his employer to a tribunal for banning ‘headwear’, as his religion says he must wear a turban. He later leaves the company and asks his old employer for a reference. The employer refuses, saying that the man is a ‘troublemaker’ and he couldn’t recommend him to another employer.