In the Age of Information, know your rights in the workplace and be your own advocate.
In the UK, there are some rights that we all are privileged to; it ensures for fairness in society and in the work place. You are protected by the Equality Act 2010. This law prohibits unfair treatment based on certain protected characteristics.
Protected Characteristics:
Race
The law prohibits discrimination based on race; this would include a person's skin colour, nationality and ethnic background.
Religion
Religion would also cover any beliefs that a person holds which may affect their daily lives. For instance, a devout Muslim who wishes to pray during their working hours should be able to without any repercussions from the employer or colleagues.
Gender (inc. gender reassignment)
Gender is a protected characteristic; and this includes gender reassignment. A person should not be treated unfavourably due to their gender. There may be situations in which a specific gender is required for the job and this should be clearly identifiable eg. hiring a female staff to provide support to female victims of domestic violence. This is referred to as 'occupational requirement'.
Age
Age is the only protected characteristic that has an exception to the rule. Policies may be put in place where there is age restriction and this is legal. For instance people under 18 years are not allowed in clubs and bars. Otherwise, it is illegal to discriminate against anyone based on their age or perceived age.
Sexual orientation
Sexual orientation describes a person's partner preference, be it someone of the same or the opposite gender. It is illegal to be discriminated against based on your sexual orientation.
Disability
Disability refers to a person having mental health or physical health impairments which can lead to some difficulties in daily living. Employers should in this instance make reasonable adjustment for their staff. For instance, if a staff has mobility issues but their office requires them to climb stairs, the boss could make an adjustment where the staff can work from a separate office on the ground floor.
Marriage and civil partnership
You should not be treated unfavourably if you are married or in a civil partnership. This is a protected factor as there have been occasions in the past where women may have been passed up for promotion after announcing an engagement. The underlying concern that employers have is that the woman will be more focused on her family that she would not be able to put her energy into her work. Employers can no longer use this as a justifiable reason to treat staff unfavourably.
Pregnancy and maternity
Pregnancy refers to when a woman is pregnant with a child and maternity refers to 26 weeks post birth where the mother is still recovering. A new mum may express milk while she is at work. This should not be frowned upon or used as a reason to treat her unfavourably.
Types of discrimination
Discrimination is not always obvious. It is worth knowing the different ways in which you can be discriminated against in the workplace. Knowing this is key to ensuring you are protecting yourself and your rights at work.
Direct Discrimination: a person is treated unfavourably due to a protected characteristic.
Indirect Discrimination: indirect discrimination can occur when there is a rule or policy implemented which puts a person with a protected characteristic at a disadvantage.
Associative Discrimination: this is a form of direct discrimination against a person due to them associating with a person with one the protected characteristics.
Discrimination by Perception: this is a form of direct discrimination due to a person appearing to have a protected trait. The person in question may not have that trait but is perceived to have it and is therefore treated in an unfair way.
Harassment: harassment is behaviour that is unwanted and offensive to the recipient. Employees can complain about harassment even if they were not directly affected by it.
Harassment by 3rd party: employers are potentially liable for the harassment of their staff or customers by people they don’t themselves employ, i.e. a contractor.
Victimisation: victimisation happens when someone is treated unfavourably as a result of them making a complaint or grievance under the Equality Act 2010 legislation.
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