Workplace discrimination – treating people unfairly based on who they are – remains a stubborn reality in many organisations. Despite decades of progress and legal protections, countless workers still face unfair treatment because of their protected characteristics rather than their abilities.
Let’s explore what this looks like in practice and understand how UK law protects workers from discriminatory treatment.
Understanding Workplace Discrimination
Discrimination in the workplace happens when employers refuse to hire someone because they are part of a certain group (like race, gender identity, disability status) and fail to take into account an individual’s qualifications for the job. Workplace discrimination also occurs when employers create unequal opportunities for employees based on these protected traits. Discrimination is illegal in the UK, and since 2010 it’s been protected under the Equality Act.
Workplace discrimination happens all too often behind closed doors at companies across Britain. Thankfully, however, there are laws in place to protect those who have been discriminated against.
It is against the law in the UK to discriminate against someone due to ‘Protected Characteristics’.
There are nine protected characteristics outlined in the Equality Act 2010, which are also sometimes called “protected groups”. Discrimination is often based on being part of one or more of these protected traits.
What Are The 9 Protected Characteristics?
Age
Discrimination based on age ranges from refusing to hire employees over a certain age or firing employees because they have reached a certain age.
Race
Treating someone differently because of their race, colour or ethnicity is discrimination. When an employer refuses to hire a candidate based on their race, this is considered direct discrimination. Discrimination can also occur if there are policies that prevent employees from promoting and advancing within a company due to their racial background. This would equate to indirect discrimination.
Gender identity
Discrimination based on an individual’s real or perceived gender. This includes discrimination against transgender people who do not meet stereotyped expectations about how their birth sex should align with their expressed and/or experienced gender.
Religion
Discrimination based on a person’s religious beliefs, including when an employer refuses to hire someone or fires them because of their religious beliefs. If there are policies that prevent employees from being able to take time off for important events to practice their faith is also a form of discrimination.
Sexual orientation
Discrimination based on a person’s actual or perceived sexual orientation, which includes lesbian, gay and bisexual individuals. This can occur in the workplace when an employer refuses to hire a candidate due to their sexual orientation or fires them because of it
Disability
Discrimination based on whether someone has a physical or mental impairment that affects one or more major life activities. This can also occur when an employer denies someone access to workplace benefits offered to other employees.
Pregnancy
Discrimination based on whether a woman is pregnant and is treated differently than others because she has decided to become or is unable to become pregnant for medical reasons. Workplace discrimination can also occur when an employer fires someone because they become pregnant or denies them promotions and raises due to their pregnancy.
Gender reassignment
Discrimination based on whether a person is in the process of transitioning from one gender to another. This includes individuals who have transitioned either medically or surgically, which would include hormone therapy and/or gender confirmation surgery. Discrimination can occur when an employer denies someone access to workplace benefits that are offered for transitioning employees.
Workplace Discrimination: Key Takeaways
Workplace discrimination, though illegal under the Equality Act 2010, remains a pressing issue in our workplaces. Understanding these nine protected characteristics is crucial for legal compliance. It also helps create truly inclusive workplaces where all employees can thrive based on their merit and contributions.
Whether you’re an employer or employee, staying informed about these protections helps ensure fair treatment and equal opportunities for everyone.
If you believe you’ve experienced discrimination based on any of these characteristics, remember that the law is on your side, and there are resources and organisations available to help you seek justice.
To find out more, visit our jobseeker resource hub and sign up for our newsletter. Also, be sure to visit our diversity jobs board for live opportunities from inclusive employers.
Employers
If you’re an employer looking to build a more inclusive environment, Aspiring to Include can help. Our resource hub for employers is packed with guidance on everything from inclusive recruitment to monitoring EDI figures. You can also connect with diverse talent by posting your latest opportunities on our inclusive job board.
Browse our range of employer services for more information or feel free to get in touch with our team.
