Discrimination

Discrimination describes the situation where people are treated differently based upon their sex, race, (colour, nationality, ethnic or national origins), marital status, religion, age, religion, sexual orientation or because they have undergone gender reassignment.

For example:

  • Employees who are paid different rates of pay despite doing similar work, because of their sex.

  • Disabled people who receive less favourable treatment than their work colleagues who are not disabled. Disability is widely defined and covers anyone who has a 'physical or mental impairment', which is long-term or substantial and makes them unable to carry out normal day to day activities and has more than a minor or trivial effect and lasts or is likely to last at least 12 months.

  • Members of trade unions who are treated less favourably than non-union members.

There is no minimum service requirement of 1 year to bring a claim based on discrimination. A claim for discrimination can be made regardless of whether the complainant is an employee. For example, a person who has been interviewed, but not selected for the job because of race, gender or disability might bring a claim for discrimination based on the firm's selection procedure

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