Equality

Discrimination

It is unlawful to discriminate against a person at work because of their:-

  • sex
  • race
  • disability
  • colour
  • nationality
  • ethnic or national origin
  • religious or political opinion
  • sexuality
  • age.

Discrimination can be either direct or indirect.

Harassment is also a form of discrimination. Harassment can include verbal abuse, suggestive remarks and unwanted physical contact. You may also be discriminated against if you are victimised because you have tried to take action about discrimination.

Types of Unlawful Discrimination:

Direct discrimination

Direct discrimination in employment occurs when someone is treated less favourably, on any of the grounds above including in recruitment, training and promotion.

Indirect discrimination

Indirect discrimination occurs where a particular employee cannot meet a requirement which is not justifiable in terms of the work and they are at a disadvantage as a result, for example, if the employer only gives training to full-time workers, this would indirectly discriminate against women, as most part-time workers are women.

The concept of indirect discrimination applies in all the other grounds that are mentioned above.

Equal Pay

It is unlawful for an employer to discriminate on the grounds of sex, which includes paying one sex less than the other for "like work", "work rated as equivalent", or "work of equal value".

Temporary Employees

Fixed-term employees (also known as temporary employees) have the same statutory rights as permanent employees, for example, to maternity leave or not to be unfairly dismissed.

Fixed-term employees have the right to paid holidays, pro rata to the length of their contract.

If a temporary employee has been working continuously under two or more contracts for four or more years, an employer will have to justify the offer of further temporary employment or otherwise offer permanent work.

Harassment

Employers are legally obliged to take steps to protect employees against harassment. An employer will be liable for acts of harassment carried out by an employee, if it has failed to take reasonably practicable steps to prevent harassment.

If employers foresee acts that could cause physical or psychiatric injury to employees and do nothing about it, they are liable in negligence claims.

In cases of race, sexual orientation and religion or belief (religious or political opinion in Northern Ireland), harassment is now defined as:

  • violating another's dignity; or
  • creating an intimidating, hostile, degrading, humiliating or offensive environment for the other.