The Equality Act 2010 makes sure you have the right to work in an environment that does not discriminate against you because of:

  • age
  • disability
  • gender reassignment
  • marriage and civil partnership
  • pregnancy and maternity
  • race
  • religion or belief
  • sex
  • sexual orientation.

These are called 'protected characteristics' and any employer or colleague that discriminates against you on these grounds is breaking the law.

There are a number of different types of discrimination, so if you think you’re being unfairly disadvantaged it could take one or more of the following forms.

Direct discrimination

This is when an employer treats an employee less favourably than another because of a protected characteristic. An example of direct discrimination would be if a female job applicant gets passed over for a job in favour of a male applicant who is less suited for the role.

Indirect discrimination

This is when a policy or working condition puts someone with a protected characteristic at a disadvantage.  An example of indirect discrimination would be to request that all employees are clean shaven, effectively putting members of some religious groups at a disadvantage. 

Harassment

This is when an employee is exposed to offensive or intimidating behaviour. If you are experiencing this you don’t have to tolerate it – even giving someone an undesirable nickname or making inappropriate jokes can be classed as harassment.

Victimisation

This is when you are treated unfairly or put at a disadvantage because you have tried or taken action against discrimination. An example of victimisation would be if you were ignored by your work colleagues or given a poor reference because you’ve made a complaint about discrimination.

Find out more

If you have any questions or think you are being treated unfairly, there is plenty of help available.

  • The Equality and Human Rights Commission can give you advice on all aspects of discrimination, harassment and victimisation, and they can also provide details of solicitors experienced in this area of the law. You can give them a ring on 0845 604 5510.
  • Citizens Advice Scotland can give you free, confidential and impartial advice on your rights. You can visit your local office to speak to someone face-to-face.
  • ACAS (Advisory, Conciliation and Arbitration Service) provides independent advice and work to improve employer and employee relations.

Teaser: You are entitled to go to work without fear of harassment or discrimination – on any grounds. It’s not right and there are laws to protect you.