What Is Discrimination at Work?
Discrimination at work occurs when an employee is treated less favourably because of a characteristic protected by the Employment Equality Acts 1998–2015, such as age, disability, race, gender or family status.
In simple terms, most discrimination claims come down to three questions:
- Does the employee have a protected characteristic?
- Were they treated less favourably than another employee in the same or similar circumstances?
- Is there evidence that the difference in treatment was because of the protected characteristic?
For example, if two employees have similar roles and experience, but one is denied promotion because of their age, nationality or another protected characteristic, this may amount to unlawful discrimination.
If an employee can establish facts from which discrimination may reasonably be inferred, the burden shifts to the employer to show that the treatment was based on lawful, non-discriminatory reasons.
If you believe you have been discriminated against at work, it is important to seek advice promptly, as strict time limits apply to employment equality claims.
Need some advice? If you're unsure whether you've experienced discrimination at work, or would like to discuss your situation, we're here to help. Feel free to get in touch for confidential guidance and practical support.