Guidance

Equality and
discrimination:
understand the
basics

July 2019
Equality and discrimination: understand the basics

About Acas – What we do

Acas provides information, advice, training, conciliation and other services
for employers and employees to help prevent or resolve workplace
problems. Go to www.acas.org.uk for more details.

‘Must’ and ‘should’

Throughout the guide, a legal requirement is indicated by the word
“must” - for example, an employer must make ‘reasonable adjustments’
to ensure that workplace requirements or practices do not disadvantage
employees or job applicants with a disability.

The word ‘should’ indicates what Acas considers to be good employment

practice.

Understanding the term ‘employee’

In discrimination matters, the definition of ‘employee’ under the Equality
Act 2010 includes:
 employees (those with a contract of employment)
 workers and agency workers (those with a contract to do work or
provide services)
 apprentices (those with a contract of apprenticeship)
 some self-employed people (where they have to personally perform
the work)
 specific groups such as police officers and partners in a business.
Job applicants are also protected.

July 2019
Information in this guide has been revised up to the date of publication.
For more information, go to the Acas website at www.acas.org.uk
Legal information is provided for guidance only and should not be
regarded as an authoritative statement of the law. The particular
circumstances of an individual case will always need to be taken into
account. It may, therefore, be wise to seek legal advice.

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Equality and discrimination: understand the basics

Contents
About this guide ............................................................................4
At-a-glance chart ...........................................................................5
The nine protected characteristics.................................................6
Age .............................................................................................. 6
Disability ...................................................................................... 7
Gender reassignment ..................................................................... 8
Marriage and civil partnership ......................................................... 9
Pregnancy and maternity .............................................................. 10
Race .......................................................................................... 11
Religion or belief .......................................................................... 12
Sex ............................................................................................ 13
Sexual orientation........................................................................ 13
Types of discrimination ............................................................... 14
Direct discrimination .................................................................... 14
Indirect discrimination .................................................................. 15
Harassment ................................................................................ 16
Victimisation ............................................................................... 18
Exemptions and exceptions – where discrimination is lawful ......19
Matching core ‘occupational requirements’ of the job........................ 19
Can discrimination ever be justified? .............................................. 20
Taking ‘positive action’ in the workplace ......................................... 21
Taking ‘positive action’ in hiring and promoting staff ........................ 22
Other aspects of equality law ...................................................... 23
Making reasonable adjustments ..................................................... 23
Equal pay (Sex Equality)............................................................... 25
Who is liable? .............................................................................. 26
Job applicants’ health ................................................................... 27
References .................................................................................. 29
Bullying and the Equality Act ......................................................... 30
Further information .....................................................................31

The difference between characteristics and types of

discrimination
If an employee believes they have been discriminated against, they will
often connect this to a reason such as age, sex or race. These are called
protected characteristics.
But the way in which they have been allegedly discriminated against will
determine which type or types of discrimination apply within their
protected characteristic. For example, whether direct, indirect,
harassment or victimisation.
Sections on ‘protected characteristics’ and ‘types of discrimination’,
along with an at-a-glance chart, explain how and where they can fit
together.

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Equality and discrimination: understand the basics

About this guide

This guide outlines the basics of what employers of all sizes, employees
and their representatives must and should do to make their workplaces a
fair environment and comply with equality legislation which:

 extends to nine areas known in law as protected characteristics: Age;

Disability; Gender reassignment; Marriage and civil partnership;
Pregnancy and maternity; Race; Religion or belief; Sex; and Sexual
orientation.

 sets out the different types of discrimination - for example, direct,

indirect, harassment and victimisation.

 makes certain exemptions and exceptions where in some limited

circumstances treating employees and job applicants less favourably
can be lawful.

This is the first of three main guides for an overview of discrimination,

equality and diversity. The second, Prevent discrimination: support
equality, outlines how to promote and benefit from the principles of
equality and diversity, and put them into practice in the workplace. The
third, Discrimination: what to do if it happens, covers the basics of
dealing with discrimination, including handling complaints.

There are also guides on the individual protected characteristics.

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Equality and discrimination: understand the basics

At-a-glance chart
The different ‘types of discrimination’ listed across this chart and the nine
‘protected characteristics’ set out down the left-hand side of the chart are
fully explained further into this booklet.

Direct Indirect Harassment Victimisation

Age
covered covered covered covered
Direct Indirect Harassment Victimisation
Disability*
covered covered covered covered
Gender Direct Indirect Harassment Victimisation
reassignment covered covered covered covered
Direct covered
Marriage and
(but not by Indirect Harassment Victimisation
civil
association or covered not covered covered
partnership
perception)
Direct covered
Pregnancy
(but not by Indirect not Harassment Victimisation
and
association or covered*** not covered covered
maternity
perception)***
Direct Indirect Harassment Victimisation
Race
covered covered covered covered
Religion or Direct Indirect Harassment Victimisation
belief covered covered covered covered
Direct Indirect Harassment Victimisation
Sex **
covered covered covered covered
Sexual Direct Indirect Harassment Victimisation
orientation covered covered covered covered
* Also includes ‘Discrimination arising’ and Failure to make ‘reasonable
adjustments’ – see the sections headed ‘Disability’ and ‘Making
reasonable adjustments’ for more information
** Also includes ‘sexual harassment’
*** While there is uncertainty over whether the Equality Act would allow
a claim of direct discrimination by association because of Pregnancy or
maternity, the Equality and Human Rights Commission’s Code of Practice
on Employment advises that an employee who is treated less favourably
because of their association with a pregnant woman may have a claim for
sex discrimination.
Further, the Act protects pregnancy and maternity in a considerably
different and stronger way than for most of the other protected
characteristics. For pregnancy and maternity, the protection is against
unfavourable treatment. To find out more, see the Acas guide,
Pregnancy and maternity discrimination: key points for the workplace.

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Equality and discrimination: understand the basics

The nine protected characteristics

The Equality Act 2010 defines nine protected characteristics:
 Age
 Disability
 Gender reassignment
 Marriage and civil partnership
 Pregnancy and maternity
 Race
 Religion or belief
 Sex
 Sexual orientation

In the Equality Act, no one protected characteristic has a higher priority

than any other.

Discrimination claims can be made on the grounds of:

1. a single protected characteristic - for example, because an
employee is female
2. a number of single, but unrelated, characteristics – for example
because an employee is female and also because she is of a particular
age (in these situations, each characteristic would be considered
separately).

Age
The Equality Act protects employees from discrimination, harassment and
victimisation because of age, which may include because they are
‘younger’ or ‘older’ than a relevant and comparable employee. For
example, if an organisation has a training policy excluding employees
aged 60 or more from applying for courses then this is likely to be
discriminatory.

Ordinary direct discrimination because of age is the only one of the three
different types of direct discrimination that may be objectively justified as
what the law calls ‘a proportionate means of achieving a legitimate aim’ –
to find out more see the section, ‘Can discrimination ever be justified?’

However, under the Act, limited exceptions in some other areas, including
pay and other employment benefits, can be allowed based on length of
service in some circumstances. There are also some limited exceptions
and exemptions relating, for example, to the National Minimum Wage,
redundancy payments, insurance and pensions.

To find out more about the protected characteristic of Age, see the Acas
guide, Age discrimination: key points for the workplace.

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Equality and discrimination: understand the basics

Disability
The Equality Act protects employees from four main types of
discrimination - direct, including by association and by perception,
indirect, harassment and victimisation - because of disability. For
example, the dismissal of an employee because they are dyslexic could be
potentially discriminatory.

There are two additional types which apply solely to this protected
characteristic: Failure to make ‘reasonable adjustments’; and
Discrimination arising from disability.

Under the Act, a person is disabled if they have a physical or mental

impairment which has a long-term (usually lasting more than a year) and
substantial adverse effect on their ability to carry out normal day-to-day
activities. A number of impairments, such as cancer, HIV and multiple
sclerosis, are automatically considered disabilities and other progressive
conditions will be considered a disability as soon as the symptoms of that
condition have an effect.

What constitutes a disability can be variable and difficult to define.

Employers should remember that:
 a reasonable adjustment is a change or adaptation to the physical or
working environment that has the effect of removing or minimising the
impact of the individual’s impairment in the workplace so they are able
to undertake their job duties, and;
 employers are accountable for deciding what (if any) reasonable
adjustments will be made. It is good practice for employers to seek
advice in coming to this decision. The focus is very much on the
employee’s ability to function on a day-to-day basis rather than on
medical diagnosis.

Where the employer or another person acting for the employer knows, or
could reasonably be expected to know, that the employee or job applicant
has a disability, the potential for discrimination occurs. An employer
should be ready to discuss what a reasonable adjustment should be with
the disabled employee or job applicant.

Failure to make reasonable adjustments

Failure to make ‘reasonable adjustments’ is one of the most common
types of disability discrimination. An employer must make ‘reasonable
adjustments’ to ensure that workplace requirements or practices do not
disadvantage employees or job applicants with a disability. Reasonable
adjustments should be made with the employee’s involvement. They
can often be simple and inexpensive. In law, adjustments have to be
‘reasonable’, and need not be excessive. There is more on ‘reasonable
adjustments’ further into this guide.

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Equality and discrimination: understand the basics

Discrimination arising from a disability

The Equality Act also protects an employee from what the law terms
‘discrimination arising from a disability’ – this is where they are treated
unfavourably not because of the disability itself, but because of
something linked with their disability. For example, a tendency to make
spelling mistakes arising from dyslexia.
The disabled person claiming this type of discrimination does not have
to compare their treatment to how someone else is treated.
At an employment tribunal, a claim of discrimination arising from
disability would succeed if the employer (or, for example, the manager
or another employee against whom the allegation was made) was
unable to objectively justify the unfavourable treatment by pointing to a
valid and non-discriminatory reason for it.
In law, this means the unfavourable treatment would have to be
justified as ‘a proportionate means of achieving a legitimate aim'. For
more information see the section headed, ‘Can discrimination ever be
justified?’ However, it is very unlikely an employer would be able to
justify discrimination arising from a disability if the unfavourable
treatment could have been prevented by a reasonable adjustment.

Questions about job applicants’ health

Health issues should be treated with care, as it is generally unlawful for
an employer to ask questions about a job applicant’s health, absences
from work or disability before offering them employment. There is more
on ‘job applicants’ health’ further into this guide.

To find out more about the protected characteristic of Disability, see the
Acas website page on Disability discrimination, and the Acas guide,
Disability discrimination: key points for the workplace.

Gender reassignment
The Equality Act protects employees from discrimination, harassment and
victimisation relating to gender reassignment. In the Act, someone who
proposes to, starts, or has completed a process to change his or her
gender is referred to as a ‘transsexual’ person.

Previously, people reassigning their gender had to be under medical

supervision to be covered, but this is no longer the case. For example, a
male employee who decides to live as a woman, but does not undergo
any medical procedures, must not be harassed if the employee begins to
use female toilet facilities.

It is discriminatory to treat a transsexual employee less favourably for

being absent from work because they propose to undergo, are undergoing

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Equality and discrimination: understand the basics

or have undergone gender reassignment. An employer must not treat

them any differently than it would if they were absent because they were
ill or injured.

In law, cross-dressers are not regarded as transsexual people as they do

not intend to live permanently in the gender opposite to their sex at birth.
While they are not specifically protected under the Act as cross-dressers,
if they are harassed because they are perceived to be a transsexual
person or to have a particular sexual orientation, they may be in a
position to claim discrimination under the relevant protected
characteristics.

As a matter of good practice, employers and employees should not try to

make a distinction whether a colleague is a cross-dresser or a transsexual
person.

An employer should make it clear to all staff that it agrees that a

transsexual employee, once living and working in their new gender, can
then use the toilet facilities for that gender.

To find out more about the protected characteristic of Gender

reassignment, see the Acas website page on Gender reassignment
discrimination and the Acas guide, Gender reassignment discrimination:
key points for the workplace.

Marriage and civil partnership

The Equality Act protects employees from ordinary direct discrimination
(although not the forms of direct discrimination by association or by
perception), indirect discrimination and victimisation because of marriage
or civil partnership. For example, an employee must not be ignored for
promotion because they are in a civil partnership. However, single people
and couples in relationships which are not legally recognised are not
protected.

As well as direct discrimination by perception or association, harassment

because of this characteristic is also not covered by the Equality Act, but
there are legal provisions where claims against some behaviours might be
made. For example, there might be circumstances where harassment of
an employee in a marriage or civil partnership amounts to discrimination
because of sex or sexual orientation, or sexual harassment. Regarding
civil partnership, there might be circumstances where an employee in a
civil partnership may have grounds to bring a claim of sexual orientation
discrimination.

As this is one of only two protected characteristics where some types of

discrimination do not apply, see the chart for the at-a-glance overview of

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Equality and discrimination: understand the basics

where protected characteristics and types of discrimination can fit

together.

Civil partnerships and same-sex marriage

Civil partnerships have the same legal protection against discrimination
as marriage. Same-sex marriages became legally recognised in
England, Wales and Scotland on 2014. And employers should make sure
that employees in same-sex marriages or civil partnerships are not
subjected to behaviour that could amount to harassment because of
sexual orientation. Employers should also be aware that the law is to
change to allow mixed-sex civil partnerships in England and Wales.

To find out more about the protected characteristic of Marriage and civil
partnership, see the Acas website page on Marriage and civil
partnerships, and the Acas guide, Marriage and civil partnership
discrimination: key points for the workplace.

Pregnancy and maternity

The Equality Act protects an employee against discrimination because of
pregnancy and maternity in a considerably different and stronger way
than for most other areas of life covered in the Act. For most of the
protected characteristics the protection is against ‘less favourable’
treatment. For pregnancy and maternity, the protection is against
unfavourable treatment.

This means an employee or job applicant must not be disadvantaged

because of her pregnancy or maternity. And there is no need for her to
compare her treatment to how someone else is treated (which is needed
for most of the other protected characteristics, including sex). In effect,
under this special protection she must not, for example:
 be subjected to unfair treatment because of her pregnancy or
maternity
 suffer disadvantage because of her pregnancy or maternity through
her employer’s policies, procedures, rules or practices, or
 suffer unwanted behaviour because of her pregnancy or maternity.

This special protection also means that treatment which impacts on an

employee negatively because of her pregnancy or maternity may be
discriminatory even though other staff are treated the same way.

Further, an employer must not take into account pregnancy-related illness

when considering other sickness absence or in making a decision about
her employment. And if an organisation is considering redundancies, an
employee who is pregnant or on maternity leave has additional
employment rights.

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Equality and discrimination: understand the basics

Under Pregnancy and maternity, an employee is also protected again

victimisation.

To find out more about the protected characteristic of Pregnancy and

maternity, see the Acas website page on Pregnancy and maternity and
the Acas guide, Pregnancy and maternity discrimination: key points for
the workplace.

Race
The Equality Act protects employees from discrimination, harassment and
victimisation because of the protected characteristic of Race, which may
include different elements that often merge:
 race – an umbrella term for the other four aspects.
 colour – like ‘race’ it tends to overlap, particularly with the concepts of
‘ethnic origin’ and ‘national origin’. Examples include black and white.
 ethnic origin – may include racial, religious and cultural factors which
give a group of people a distinct social identity with a long and shared
history. Examples include Sikhs, Jews, Romany Gypsies and Irish
Travellers.
 national origin –birthplace, the geographical area and its history can
be key factors. Examples include Welsh and English.
 nationality – usually the recognised state of which the employee is a
citizen. In other words, what it says in their passport if they have one.
For example, British citizen.

For example, it would be unlawful for an employee to make racial slurs

against Eastern European colleagues. Additionally, a racial group can be
made up of two or more of these aspects, such as black Britons. Welsh,
Scottish, Northern Irish/Irish and English are all recognised under this
protected characteristic, as is British.

But the Race protected characteristic does not cover more local or
regional distinctions. For example, an employee working in the south of
England who feels they are being treated unfairly solely because they are
a ‘Geordie’, or an employee treated unfairly solely because they are a
‘Southerner’ with an Essex accent working in the north of England, are
unlikely to succeed in claims of race discrimination.

However, there could be circumstances where such behaviour might be

argued to be because of national identity, while other legislation and
employment rights may still offer other protections. In addition, such
behaviour should be considered unacceptable as it damages workplace
morale and an individual’s dignity.

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Equality and discrimination: understand the basics

Caste discrimination
Caste usually refers to the social levels in certain cultures and racial
groups, such as in India, where people’s positions in society are fixed by
birth or occupation, and are hereditary. Caste can also affect life in
Britain.
In July, 2018, the Government decided it would not specifically add
caste discrimination as part of the Equality Act 2010. For some time,
some legal opinions and case law have considered caste to be already
protected in some circumstances because they say it could coincide with
ethnic origin within the Race protected characteristic under the Act. The
Government expects employment tribunals and courts to continue to
rely on that interpretation.
Caste can also be linked to religion. For more on religion discrimination,
see companion Acas guide, Religion or belief discrimination: key points
for the workplace. For more on race discrimination, see companion Acas
guide, Race discrimination: key points for the workplace.

To find out more about the protected characteristic of Race, see the
companion guide in this series, Race discrimination: key points for the
workplace.

Religion or belief
The Equality Act protects employees from discrimination, harassment and
victimisation because of religion, religious belief or philosophical belief.
For example, a manager should ensure that religiously offensive graffiti in
a staff toilet is removed, and that the matter is thoroughly investigated
and handled. The law also protects employees or job applicants if they do
not follow a certain religion, religious belief or philosophical belief, or have
no religion or belief at all.

For the purposes of the Act, religion means any religion with a clear
structure and belief system. Denominations or sects within a religion can
be considered a protected religion. Religious belief is an individual’s own
faith and how it affects their life. A philosophical belief must satisfy
various criteria, including that it is a weighty and substantial aspect of
human life and behaviour, worthy of respect in a democratic society and
does not conflict with the fundamental rights of others.

The Equality Act has special provisions which, while applicable in only
limited circumstances, can place restrictions or requirements on job
applicants and jobholders for some roles in an organisation based on
religion, religious belief or philosophical belief – for example, in a church
or an environmental group.

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Equality and discrimination: understand the basics

In organised religion, there might be restrictions or requirements for

some roles because of religion or belief, sex, sexual orientation, gender
reassignment, or marriage and civil partnership.

Political belief
It is broadly accepted that supporting a political party is not a
philosophical belief under the Equality Act. However, a political
philosophy affecting significantly how a person lives their life may be
protected. And, under other legislation – the Employment Rights Act
1996 - dismissing an employee solely or mainly because of their political
opinions or affiliation is likely to be unfair dismissal, unless misconduct
by the employee would justify fair dismissal.

To find out more about the protected characteristic of Religion or belief,

see the Acas guide, Religion or belief discrimination: key points for the
workplace.

Sex
The Equality Act protects both male and female employees from
discrimination, harassment and victimisation because of sex. For
example, an employer must ensure its managers do not favour team
members of one sex over another.

Protection from sexual harassment

Employees are protected against sexual harassment, which is unwanted
conduct that is of a sexual nature and/or relates to the protected
characteristics of sex and/or gender reassignment. Examples may be
either verbal or physical, and may include staring or leering, or a
display of explicit material.
It would have the purpose or effect of violating the employee’s dignity,
or creating an environment for the employee which is intimidating,
hostile, degrading, humiliating or offensive. It also applies where an
employee is treated ‘less favourably’ because they have rejected sexual
harassment or been the victim of it.
An employer should make clear to employees what sort of behaviour
would be considered sexual harassment.
Sexual harassment may be both an employment rights matter and a
criminal matter, such as in sexual assault allegations.

To find out more about the protected characteristic of Sex, see the Acas
website page on Sex discrimination, and the Acas guide, Sex
discrimination: key points for the workplace.

Sexual orientation

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Equality and discrimination: understand the basics

The Equality Act protects employees from discrimination, harassment and

victimisation because of sexual orientation. It applies equally to bisexual,
gay, heterosexual and lesbian orientations. For example, an employer
must ensure that an employee who is perceived to be bisexual (whether
they are or are not is irrelevant) is not bullied by colleagues.

To find out more about the protected characteristic of Sexual orientation,

see the Acas website page on Sexual orientation discrimination and the
companion guide, Sexual orientation discrimination: key points for the
workplace.

Types of discrimination
Under the Equality Act, there are four main types of discrimination:
 Direct discrimination
 Indirect discrimination
 Harassment
 Victimisation.

No minimum length of employment by an employee, or any employment

at all for a job applicant, is necessary to claim discrimination. It is
unlawful from when a role is advertised through to the last day of
employment and beyond, including job references. Whether a complaint
amounts to unlawful discrimination can ultimately rest with an
employment tribunal or court.

Direct discrimination
Direct discrimination occurs where someone is treated less favourably
than others because of:
 a protected characteristic they possess – this is ordinary direct
discrimination; and/or
 a protected characteristic of someone they are associated with, such as
a friend, family member or colleague – this is direct discrimination
by association; and/or
 a protected characteristic they are thought to have, regardless of
whether this perception by others is actually correct or not – this is
direct discrimination by perception.

Direct discrimination in all its three forms could involve a decision not to
employ someone, to dismiss them, withhold promotion or training, offer
poorer terms and conditions or deny contractual benefits because of a
protected characteristic.

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Equality and discrimination: understand the basics

For example… ordinary direct discrimination

Paul, a senior manager, turns down Angela’s application for promotion
to supervisor. Angela, a lesbian, learns that Paul did this because he
believes the team she applied to manage are homophobic. He thought
that her sexual orientation would prevent her from gaining the team’s
respect and managing them effectively. This is direct discrimination
against Angela because of her sexual orientation.

For example… direct discrimination by association

June, a project manager, has been promised promotion by her boss.
However, after she tells him that her mother, who lives at home, has
cancer, he withdraws the promotion because he feels the commitment
of looking after her mother and moving to a higher grade role will be
too much for her. This is potentially discrimination against June because
of her association with a disabled person.

For example… direct discrimination by perception

Dimitri is 45, but looks much younger. Many people assume he is in his
mid-twenties. He is not allowed to represent his firm at an international
meeting because the managing director thinks he is too young. Dimitri
has been discriminated against because of his perceived age.

Indirect discrimination
This type of discrimination is usually less obvious than direct
discrimination and is normally unintended. In law, it is where a ‘provision,
criterion or practice’ involves all these four things:
1. the ‘provision, criterion or practice’ is applied equally to a group of
employees/job applicants, only some of whom share a certain
protected characteristic
2. it has (or will have) the effect of putting those who share the
protected characteristic at a particular disadvantage when
compared to others without the characteristic in the group
3. it puts, or would put, an employee/job applicant at that
disadvantage, and
4. the employer is unable to objectively justify it - what the law calls
showing it to be ‘a proportionate means of achieving a legitimate
aim’.

The Equality Act does not define a ‘provision, criterion or practice’.

However, the term is most likely to include an employer’s policies,
procedures, requirements, rules and arrangements, even if informal, and
whether written down or not. Examples might include recruitment
selection criteria, contractual benefits, a redundancy scoring matrix or
any other work practice.

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Equality and discrimination: understand the basics

In some limited circumstances, indirect discrimination may be justified if

it is ‘a proportionate means of achieving a legitimate aim’, an area
covered later in this guide.

For example… indirect discrimination

Abu is in his late twenties and working as a surveyor in a property
investment company. He is fully qualified, doing well in his current role
and ambitious. He spots a post advertised with another employer for
what he sees as the next step in his career. However, the
advertisement specifies that candidates must have ten years’
experience in the profession. Abu has six. Unless the employer can
lawfully justify why candidates need ten years’ experience, this is likely
to be indirect discrimination against young candidates such as Abu who
can demonstrate that they are qualified and capable, but don’t have ten
years’ experience because of their age.

Harassment
Harassment is defined as ‘unwanted conduct’ and must be related to a
relevant protected characteristic or be ‘of a sexual nature‘. It must also
have the purpose or effect of violating a person’s dignity or creating an
intimidating, hostile, degrading, humiliating or offensive environment for
them.

Generally, harassment:
 includes bullying, nicknames, threats, jokes, ‘banter’, gossip, intrusive
or inappropriate questions and comments, excluding an employee (for
example - ignoring them or not inviting them to meetings), insults or
unwanted physical contact
 can be verbal, written or physical
 is based on the victim’s perception of the unwanted behaviour rather
than that of the harasser, and whether it is reasonable for the victim to
feel that way
 can also apply to an employee who is harassed because they are
perceived to have a protected characteristic, regardless of whether this
perception by others is actually correct or not
 can also apply to an employee who is harassed because they are
associated with someone with a protected characteristic
 can also apply to an employee who witnesses harassment because of a
protected characteristic and that has a negative impact on their dignity
at work or working environment, irrespective of whether they share
the protected characteristic of the employee who is being harassed.

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Equality and discrimination: understand the basics

For the harasser to say their behaviour was not meant to be harassment
or that the comments were ‘banter’ is no defence.

Employers and managers should be careful not to let their own views
influence a situation or dismiss a concern because they do not deem the
behaviour offensive themselves.

It is important to remember that if an employee feels strongly enough to

raise a concern or make a complaint, the employer or manager should
take it seriously, and deal with it correctly.

While the Equality Act 2010 protects against harassment related to most
protected characteristics, other legislation such as the Protection from
Harassment Act 1997 may also apply. This legislation is not limited to
circumstances where harassment relates to a protected characteristic.

For example, it may apply where a protected characteristic is not

specifically covered for harassment in the Equality Act (Marriage and civil
partnership, and Pregnancy and maternity). Harassment under the
Protection from Harassment Act must amount to conduct which is
criminal.

For example… harassment within an organisation

Nnamdi has a severe stammer and is claiming harassment against his
line manager after she frequently teased and humiliated him about his
disability. Richard, who shares an office with Nnamdi, is also claiming
harassment, even though he is not disabled, as the manager’s
behaviour created an offensive environment for him, too.
Both lodged separate grievances against the manager who, at the
grievance hearings, was found to be at fault. She apologised to both
Nnamdi and Richard, and welcomed senior management’s decision that
she should undergo full refresher training in the manager’s role in
fostering equality and diversity in the organisation.

Harassment from outside an organisation (third party)

Harassment of an employee by individuals outside an organisation -
such as customers, clients and suppliers - as a defined type of
discrimination was removed from the Equality Act in October, 2013.
However, even though third party harassment, as it was known, is no
longer listed as a specific type of discrimination under the Act,
employees may still be protected against this type of harassment if an
employer fails to take reasonable steps to prevent it. The protection
may arise from the broader provisions of the Act and other legal
protections for employees.
An employer should make it clear, within and outside its organisation,
that it will not tolerate harassment, and if it does occur that all

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Equality and discrimination: understand the basics

reasonable steps will be taken to prevent it from happening again. This

is a complex area and employers with concerns may wish to seek legal
advice.

For example, harassment from outside an organisation

Chris manages a council benefits office. One of his staff, Frank, who is
gay, mentions that he is unhappy after a claimant made homophobic
remarks in his hearing. Chris is concerned and monitors the situation.
Within a few days, the claimant makes further offensive remarks. Chris
reacts by having a word with the claimant, pointing out that this
behaviour is unacceptable. He follows it up with a letter to the claimant
pointing out he will be banned from the benefits office if he behaves
that way again. Chris keeps Frank informed of the actions he is taking
and believes he is taking all reasonable steps to protect Frank from
harassment.

Victimisation
Victimisation is when an employee suffers what the law terms a
‘detriment’ - something that causes disadvantage, damage, harm or loss
because of:
 making an allegation of discrimination, and/or
 supporting a complaint of discrimination, and/or
 giving evidence relating to a complaint about discrimination, and/or
 raising a grievance concerning equality or discrimination, and/or
 doing anything else for the purposes of (or in connection with) the
Equality Act 2010, such as bringing an employment tribunal claim of
discrimination.

Victimisation may also occur because an employee is suspected of doing

one or more of these things, or because it is believed they may do so. A
‘detriment’, for example, might include the employee being labelled a
‘troublemaker’, being left out and ignored, being denied training or
promotion, or being made redundant because they supported a
discrimination claim.

For example… victimisation

Halina makes a formal complaint against her manager because she feels
she has been discriminated against because she is married. Although
the complaint is resolved through the organisation’s grievance
procedures, Halina is subsequently ignored and excluded from work-
related social events by her colleagues after they realised she had
named them in her complaint. She could claim victimisation.

An employee is protected under the Equality Act from victimisation if they

make, or support, or are suspected of supporting, an allegation of
discrimination in good faith – even if the information or evidence they

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Equality and discrimination: understand the basics

give proves to be inaccurate. However, an employee is not protected if

they give, or support, information or evidence maliciously.

Exemptions and exceptions – where discrimination is

lawful
Matching core ‘occupational requirements’ of the job
In certain and rare circumstances, it may be lawful for an employer to
specify that applicants for a job must have a particular protected
characteristic under the Equality Act. In law, this approach is known as an
‘occupational requirement’.

Examples might include specifying a practising Catholic to work as a

chaplain in a Catholic chaplaincy at a university. Or, specifying an actor
for a film role needs to be a young woman to fit the part.

However, it is not enough for an employer to simply decide they would

prefer to employ someone who has a particular protected characteristic.
The requirement must:
 be crucial to the post, and not just one of several important factors
and
 relate to the nature of the job and
 be ‘a proportionate means of achieving a legitimate aim’. If there is
any reasonable and less discriminatory way of achieving the same aim,
it is unlikely that the employer could claim an occupational
requirement.

All three points apply to an occupational requirement, not just one or two
of them. There is more on ‘legitimate aims’ in the next section.

In addition, there can be exemptions and exceptions regarding

occupational requirements related to particular protected characteristics.
For more information, see the companion Acas guides on individual
protected characteristics.

An occupational requirement must be reassessed each time the job is

advertised, even though it may have been valid for the same post in the
past. Circumstances may have changed, meaning the occupational
requirement may no longer be applicable.

An employer should think very carefully, and consider seeking specialist

legal advice, before claiming an ‘occupational requirement’, as it can be
difficult to justify and will be rare. Also, a job applicant might challenge
at an employment tribunal an ‘occupational requirement’ which appears
unjustified.

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Equality and discrimination: understand the basics

Further, an occupational requirement can only be used in a defence

against claims of ordinary direct discrimination (but not for by association
or by perception). It cannot be used in a defence against claims of
indirect discrimination, harassment or victimisation.

‘Occupational requirements’ and religion or belief

Regarding ‘occupational requirements’, there are exemptions and
exceptions in the protected characteristic of Religion or belief which are
not found in the other protected characteristics. To find out more, see
Acas guide Religion or belief discrimination: key points for the
workplace.

Can discrimination ever be justified?

There are limited circumstances where an employer may act in a way
which is discriminatory where it can objectively justify the discrimination
as ‘a proportionate means of achieving a legitimate aim’.

Employers should note that proving ‘a proportionate means of achieving a

legitimate aim’ to an employment tribunal can be difficult.

Ordinary direct discrimination because of age is the only type of direct

discrimination which may be objectively justified. Indirect discrimination is
potentially justifiable in all of the relevant protected characteristics.
In attempting to demonstrate ‘a proportionate means of achieving a
legitimate aim’ (also known as objective justification), an employer must
show:

 there is a legitimate aim such as a good business reason, but should

note that cost alone is unlikely to be considered sufficient and

 the actions are proportionate, appropriate and necessary.

Both points apply in justifying ‘a proportionate means of achieving a

legitimate aim’, not just one of them.

To justify this sort of action, an employer must balance its business need
against the discriminatory effect on affected employees. The more
discriminatory the effect, the more difficult it will be to justify. Employers
should explore ways to achieve their aims without discriminating, or
without discriminating as much. If there are less discriminatory
alternatives, they should be taken.

Employers should monitor their policies, procedures, requirements, rules

and arrangements to see whether they may have a disproportionately
adverse effect on job applicants and/or employees because of protected
characteristics. Otherwise, they risk indirectly discriminating

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Equality and discrimination: understand the basics

inadvertently. For example, policies or rules which were not

discriminatory when introduced may become discriminatory over time,
perhaps because of a change in the make-up of the workforce, law or
work practices. For more on monitoring, see the companion Acas guide,
Prevent discrimination: support equality.

For example… potentially lawful discrimination

A small finance company needs its staff to work late on Friday
afternoons to analyse stock prices in the American finance market. The
figures arrive late in the day because of the time difference, where
London is five hours ahead of New York. During the winter, some staff
would like to be released early on Friday afternoons to be home before
sunset – a requirement of their religion.
They propose to make up the time during the rest of the week. The
company is not able to agree to the request because the American
figures are necessary to the business, they need to be worked on
immediately and the company is too small to have anyone else do the
work.
The requirement to work late on Friday afternoons is unlikely to be
unlawful indirect discrimination as it could be seen as a proportionate
response to achieving a legitimate business aim and there is no
alternative course available.

For example… potentially unlawful discrimination

In another small finance firm, some staff make the same request as in
the example above. However, in this case there is a key difference –
this London firm specialises in dealing with stock prices from Frankfurt,
Germany, which is one hour ahead of the UK. The Frankfurt data arrives
so they can complete their tasks on a Friday, go home before sunset
and make up the time during the rest of the week.
For the firm to insist they stay until after sunset could be ruled to be
unreasonable – unless there was another business reason it could
objectively justify as ‘a proportionate means of achieving a legitimate
aim’.

Taking ‘positive action’ in the workplace

Under the Equality Act, an employer can take what the law terms ‘positive
action’ to help employees or job applicants it thinks:
 are at a disadvantage because of a protected characteristic, and/or
 are under-represented in the organisation, or whose participation in
the organisation is disproportionately low, because of a protected
characteristic and/or
 have specific needs connected to a protected characteristic.

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Equality and discrimination: understand the basics

An employer must be able to show evidence that any positive action is

reasonably considered and will not discriminate against others. If it can, it
may legally:
 take proportionate steps to remove any barriers or disadvantages
 provide support, training and encouragement to increase the
participation of people with a particular protected characteristic.

There is no legal necessity for an employer to take - or consider taking -

positive action if it does not wish to do so.

For example… taking ‘positive action’

A national retailer finds out that despite employing a diverse workforce
at junior management level, only three of 55 senior managers are
female. Research indicates that many of the female employees are put
off from applying for promotion because of an apparent ‘all-male
environment’ and that this is losing the business a wealth of experience
and creativity.
The company sets up a programme of training and development for
female staff where they can develop management skills and gain an
understanding of how senior management operates through a
mentoring scheme. Over the next 12 months, the proportion of female
applicants and appointments increase, and a new campaign
spearheaded by the newly-promoted staff brings an increase in sales.

Taking ‘positive action’ in hiring and promoting staff

In certain circumstances, an employer could use a protected characteristic
as a ‘tie-breaker’ when deciding who to recruit or promote. In such a
situation, the employer would need evidence to show that employees
and/or job applicants with that protected characteristic:
 experience disadvantage related to that characteristic in the
workplace, or
 are disproportionately under-represented in the workforce or the
particular job where there is a vacancy.

This does not mean the tying candidates need to have exactly the same
qualifications as each other – but it does mean that the employer’s
selection assessment on a range of criteria rates them as equally qualified
and/or capable of doing the job.

The ‘tie-breaker’ must only be used in considering an individual vacancy

and means that in these circumstances it may not be unlawful to select
the candidate with the protected characteristic. However, automatically
treating all job applicants who share a protected characteristic more

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Equality and discrimination: understand the basics

favourably (or guaranteeing them a promotion because of that

characteristic) would be discriminatory.

Employers should be mindful that there can be circumstances where

‘positive action’ can unintentionally unsettle all staff. And it remains good
practice – and is sound - to distinguish between candidates based entirely
on their qualifications, attributes and ability to do the job, rather than a
protected characteristic.

For example… taking ‘positive action’ in recruitment

A school is recruiting for a new department head. At the school, almost
half of the pupils are from a minority ethnic group and none of the ten
existing department heads are from a minority community.
In the job advertisement, the school says it would welcome applications
from qualified candidates from minority ethnic groups as they are
under-represented in senior staff positions at the school. All 80 staff at
the school are trained to put into practice its equality policies, and deal
with any bullying and harassment.
In the recruitment process, all the candidates are scored against a
range of job-relevant questions in interviews. The interview panel also
objectively assess the experience and qualifications of each candidate.
At the end of a rigorous and well-documented selection process, the two
best candidates have equal scores. The interview panel has robust
documentary evidence to prove the two candidates are equally qualified
for the role.
Both are women and one is black. The head of the school thinks it
important that its senior leadership reflects the local population and the
school, and so decides to appoint the black candidate. This may be
lawful under the Equality Act.

‘Positive action’ is not ‘positive discrimination’

Positive discrimination is not specifically mentioned in the Equality Act,
but is otherwise generally regarded as automatically favouring, without
proper consideration of merit, under-represented individuals from
minority groups over individuals in majority groups. On this basis,
positive discrimination is unlawful in England, Scotland and Wales.

Other aspects of equality law

Making reasonable adjustments
An employer can lawfully treat employees who are disabled more
favourably because of their disability than non-disabled employees. In
fact, it is unlawful for an employer to fail to make ‘reasonable
adjustments’ enabling a disabled person to work for it.

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Equality and discrimination: understand the basics

However, employees who are not disabled are unable to claim

discrimination on the grounds they have been treated less favourably
because of the ‘reasonable adjustments’ given to a disabled colleague.
An example of a ‘reasonable adjustment’ might include changing a
disabled employee’s terms and conditions of employment or working
arrangements, so they will not be disadvantaged in doing their job
compared to colleagues who are not disabled, and/or so they and their
work performance really benefit from the change.

An employer must consider making ‘reasonable adjustments’, involving

the disabled employee or job applicant in the decision, if:
 it becomes aware of their disability
 a disabled employee or job applicant asks for adjustments to be made
 a disabled employee is having difficulty with any part of their job
 either an employee’s sickness record, or delay in returning to work, is
linked to their disability.

Further, there are three questions an employer should consider in

assessing what reasonable adjustments might need to be made:

1. Does it need to change how things are done?

For example… The employer’s policy is to only offer car parking
spaces to senior managers. However, an employee who is not a
manager has developed a mobility impairment and needs to park very
close to the office. The employee is allocated a parking space. This is
likely to be a reasonable adjustment to the firm's car parking policy.

2. Does it need to physically change the workplace?

For example… Clear glass doors at the end of a workplace corridor
present a hazard for a visually-impaired employee. The employer adds
brightly coloured strips at eye level that can be more easily seen by the
employee. This is likely to be a reasonable adjustment.

3. Does it need to provide extra equipment or get someone to assist

the disabled employee in some way?
For example… As a reasonable adjustment the employer provides
specialist software for an employee who has developed a visual
impairment. Their job involves using a computer and the software
enables them to continue in the role.

But whether any suggested adjustments are actually reasonable can

depend on whether:
 they are practical for the employer to make

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Equality and discrimination: understand the basics

 the employer has the resources to pay for them? An employment

tribunal may expect more from a large organisation than a small one
because it may have greater means, or if an organisation has access to
other funding such as the Government’s Access to Work scheme
 they will be effective in overcoming or minimsing the ‘disadvantage’ in
the workplace.

In considering reasonable adjustments for a disabled employee or job

applicant, an employer should meet with them to discuss what can be
done to support them. While an employer has a legal duty to make
‘reasonable adjustments’, there may be times when suggested changes
are unreasonable and it can lawfully refuse to make them.

Making reasonable adjustments can be a complex area. The Acas helpline

on 0300 123 1100 can give advice on specifics.

Equal pay (Sex Equality)

The Equality Act says men and women in full-time or part-time
employment have a right to ‘no less favourable’ pay, benefits and terms
and conditions in their employment contracts where they are doing equal
work either as:

 ‘like work’ – work by one employee that is the same or broadly

similar to that done by an employee of the opposite sex. It is the
nature of the work that is important, rather than the job title or job
description, or

 ‘work rated as equivalent’ - an employee’s work is rated as

equivalent to that of an employee of the opposite sex if an employer’s
job evaluation study of a number of roles gives an equal rating to their
work in terms of factors such as effort, skill and decision-making.
Because of the focus on the jobs’ demands rather than their nature,
jobs which may seem of a very different type can be rated as
equivalent, or

 ‘work of equal value’– the work one employee does, although

different from an employee of the opposite sex, is assessed as of
‘equal value’ in terms of the demands placed on the two employees. So
while the jobs are different, they can be regarded as of equal worth
when looking at the training and skills necessary to do each job, the
working conditions or the decision-making required. Again, in some
cases, jobs thought to be of an entirely different type – for example,
manual and administrative – can be rated as being of equal value.

The main difference between ‘work rated as equivalent’ and ‘work of

equal value’ is that the former is usually based on a comprehensive job

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Equality and discrimination: understand the basics

evaluation study taking into account a wide range of different jobs. In

contrast, an assessment of ‘work of equal value’ will tend to focus on an
individual case - the role of the employee making the equal pay claim and
the job of the employee he or she is comparing their role to – the
comparator.

Regarding ‘comparators’, there could be circumstances where a

comparator cannot be found. For example, a woman may be appointed to
a post where she later finds out the previous holder of the post, a man,
was paid more than her. Even though the man is no longer with the
company, his salary could still be used as evidence.

The right to equal pay on grounds other than gender

An employee concerned over inequality on pay and other terms and
conditions of employment will usually challenge their employer by
making a comparison with someone of the opposite sex in what the law
terms ‘the same employment’ with that organisation. The other person
is called a comparator.
However, an employee might make a claim under the Equality Act that
he or she is being paid less on the grounds of another protected
characteristic – for example, race. Claims for discrimination on pay
could also be made on the grounds of other protected characteristics,
such as disability and religion or belief.
Since October 1, 2014, an employment tribunal can order an employer,
which it finds has breached its equal pay duties, to carry out an
organisation-wide audit on pay as a first step towards helping the
organisation get in line with the law.

To find out more, see the Acas website page on Equal pay, and the
Equality and Human Rights Commission website for Pay audits and Equal
pay action plans.

Who is liable?
Both employers and their employees can be held responsible and liable
for their actions where they breach the Equality Act. So, in relevant
circumstances, someone who believes they have been discriminated
against at work can make an employment tribunal claim, naming their
employer, and any colleagues they allege were involved, as
‘Respondents’.

Staff are responsible for their actions in what the law terms ‘the course of
their employment’ if they discriminate against, harass or victimise a
colleague because of a protected characteristic. The behaviour might
occur at work or at a time and place associated with the workplace, such
as at a social gathering or through the use of personal social media

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Equality and discrimination: understand the basics

accounts. Whether the colleague intended to discriminate or cause

offence will not usually make a difference or constitute a defence. They
may have to pay compensation.

An employer will also be liable for the actions of its staff. This aspect of
liability is known as vicarious liability or secondary liability.

So, in circumstances where an employer has not discriminated against an

employee because of a protected characteristic, it could still be held
responsible if one of its staff discriminates against, harasses or victimises
a colleague because of a protected characteristic during ‘the course of
their employment’.

For example… an employer taking steps to protect itself against

vicarious liability
James and Opeyemi both work for CarpetZone as sales staff. As with all
staff, CarpetZone annually trains and tests James on equality, diversity
and discrimination. James was also familiarised with the 'respect for
people' part of the employee handbook at his induction. Last year,
CarpetZone ran an anti-bullying campaign across all its stores.
James sends Opeyemi a string of offensive and sexually suggestive
emails at work. After Opeyemi complains about this to her line
manager, CarpetZone immediately opens an investigation into the
matter and suspends James' access to his email account. The
investigation leads to James being disciplined with a final written
warning. He is also sent on refresher equality training.
CarpetZone's actions may help to show it took 'all reasonable steps' to
prevent discrimination occurring and re-occurring, and could be taken
into account if Opeyemi chooses to make an employment tribunal claim.

An employer may not be found to be vicariously liable if an employment

tribunal decides that the employer took all reasonable steps to prevent
discrimination, harassment and victimisation. Whether the employer has
an equality policy, provided managers and all staff with equality training,
and how any complaint of discrimination, harassment and victimisation
was dealt with, are likely to be key factors when establishing whether the
employer is vicariously liable for the actions of a member or members of
its staff.

Job applicants’ health

For all job interviews and recruitment processes, an employer should ask
whether a job applicant needs any reasonable adjustments, often called
‘access requirements’, for any part of the process.

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Equality and discrimination: understand the basics

For example…
The Holm City Gazette asks job applicants if they require any
reasonable adjustments to the selection process so they can give their
best. The employer does not take this information into account when
deciding who to employ.

However, under the Equality Act, if an employer believes it is necessary to

ask health-related questions before making a job offer, it can do so only
in the following circumstances:

1. To determine whether an applicant can carry out a function essential

to the role
For example… The Holm City Gazette has a job which entails a lot of
heavy manual lifting. It could ask a candidate with a mobility
impairment whether they could manage the lifting, but it could not ask
how the impairment might affect their journey to work as that is not
part of the actual role.

2. To take ‘positive action’ to assist disabled people

For example… The Holm City Gazette wants to improve disabled
people’s chances of being selected for its vacancies, offering guaranteed
interviews to disabled people. To identify disabled people, it asks on the
application form whether a candidate is disabled and makes it clear why
the question is being asked.

3. To monitor, without revealing the candidate’s identity, whether they

are disabled
For example… The Holm City Gazette, which has a small proportion of
disabled people working for it, may decide to ask applicants to state
whether they have a disability so it can assess whether its vacancy
advertisements are reaching disabled people.

4. To check that a candidate has a particular disability, or has had a

particular disability, where this is a genuine requirement of the job
For example… An advice service for people with mental health
conditions requires a counsellor who has, or has had, personal
experience of certain mental health conditions. It advertises for
candidates who have, or have had, such conditions. And it is allowed to
ask at interview that an applicant confirms that they have, or have had,
the conditions.

These limited circumstances apply to all stages of the recruitment process

prior to a job offer. This includes application forms, health questionnaires,
interviews and any other assessment and selection methods.

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Equality and discrimination: understand the basics

A job applicant who thinks an employer is acting unlawfully by asking

questions about their health cannot take it to an employment tribunal on
that basis alone – but they can complain to the Equality and Human
Rights Commission, which has powers of enforcement if an employer is
found to be non-compliant. However, if an employer does ask unlawful
questions about a job applicant’s health, and the employer does not
subsequently employ the candidate, they could bring a claim of
discrimination against the employer.

For most jobs, it is not necessary for candidates’ health to be checked

before they are offered a job, but once an employer has offered a
candidate a job, whether unconditionally or conditionally, it is permitted
to ask appropriate health-related questions.

That might be because of other legislation - for example, the legal

requirement for a commercial vehicle driver to have an eye-sight test. Or,
it might be to do with a requirement of the job – for example, the
employer’s cycle couriers need a health check because its insurer insists
on it.

Employers making conditional offers are advised to keep a full record of

why an offer is withdrawn for health reasons in case the matter leads to a
claim of discrimination.

Also, an employer must ensure that a health check itself does not
discriminate. For example, targeting health checks at certain age groups,
or singling out disabled people for assessment or discouraging people
from applying are likely to be discriminatory.

References
An employer should always be careful in writing a reference – it should
always be accurate and fair.

Protections in the Equality Act reach beyond the end of the working
relationship, so it would be unlawful if a former employer provided a
written or verbal reference that discriminated against, harassed or
victimised a former employee.

For example… direct discrimination in a reference

Natalie’s former line manager is approached by a prospective employer
asking for a reference because she has applied for a job with it. The
manager says he cannot recommend Natalie, as her decision to ‘come
out’ as bisexual was disruptive, and lists a number of examples where
he believed this resulted in team arguments, customer complaints and
other members of staff quitting.

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Equality and discrimination: understand the basics

An option for an employer can be to have a rule that it will only give a
simple, factual reference for all employees and former employees. For
example, this might amount to job titles, dates of employment and
salary. The employer should also explain, in giving the reference, that this
is its policy.

Bullying and the Equality Act

Bullying and harassment are terms often used inter-changeably.
However, employers should be aware that ‘harassment’ is covered under
the Equality Act and a harassment claim can be made to an employment
tribunal, whereas a claim of ‘bullying’ cannot be taken to a tribunal
because it is not related to a protected characteristic.

While the unwanted behaviours that constitute bullying and harassment

are the same, harassment is behaviour related to a protected
characteristic. Further, sexual harassment is unwanted conduct that is of
a sexual nature and/or relates to the protected characteristics of sex
and/or gender reassignment.

There can be circumstances where an employee might experience conduct

amounting to both bullying and harassment, with the bullying part of the
behaviour not related to a protected characteristic, and the harassment
part of the behaviour related to a protected characteristic.

Employers have a legal ‘duty of care’ for all their employees, are usually
responsible for the acts of their employees and are accountable for taking
all reasonable steps to prevent both bullying and harassment. In an
extreme case, where bullying and harassment caused an employee to
become ill, an employer might face a civil claim under common law.

Acas characterises bullying as offensive, intimidating, malicious or

insulting behaviour, or an abuse or misuse of power through ways that
undermine, humiliate, denigrate or injure the recipient.

While it is not possible in law to make a specific complaint about bullying

to an employment tribunal, there can be circumstances where bullying
might amount to behaviour defined as harassment or discrimination under
the Equality Act.

Or, because of bullying and harassment at work, an employee might

resign and go to an employment tribunal claiming ‘constructive dismissal’
on the grounds of breach of contract. This aspect and more information
about ‘bullying and harassment’ are covered in the Acas guides, Bullying
and harassment at work: a guide for managers and employers, or
Bullying and harassment at work: a guide for employees.

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Equality and discrimination: understand the basics

Further information
Acas learning online
Acas offers free e-learning. The Equality and diversity course gives: an
overview of what equality and diversity mean; why they are important;
putting the principles into practice in an organisation; and a test to gauge
understanding of the key points. Go to www.acas.org.uk/elearning

Acas training
Our Equality and diversity training is carried out by experienced Acas staff
who work with businesses every day. Training can be specially designed
for smaller companies. Go to www.acas.org.uk/training for up-to-date
information about our training and booking places on face-to-face
courses. Also, Acas specialists can visit an organisation, diagnose issues
in its workplace, and tailor training and support to address the challenges
it faces. Find out more at www.acas.org.uk/businesssolutions

Acas guidance
Prevent discrimination: support equality
Discrimination: what to do if it happens
Age discrimination: key points for the workplace
Disability discrimination: key points for the workplace
Gender reassignment discrimination: key points for the workplace
Marriage and civil partnership discrimination: key points for the workplace
Pregnancy and maternity discrimination: key points for the workplace
Race discrimination: key points for the workplace
Religion or belief discrimination: key points for the workplace
Sex discrimination: key points for the workplace
Sexual orientation discrimination: key points for the workplace
Asking and responding to questions of discrimination in the workplace
Bullying and harassment at work: a guide for managers and employers
Bullying and harassment at work: a guide for employees
Code of practice on discipline and grievance
Guide on discipline and grievances at work
Equal pay

The Equality and Human Rights Commission

http://www.equalityhumanrights.com/

Equality Advisory Support Service

For wider equality issues the Acas helpline does not cover, call the EASS
helpline on 0808 800 0082 (Text phone: 0808 800 0084)

Additional help
Employers may be able to seek assistance from groups where they are
members. For example, if an employer is a member of the Confederation
of British Industry or the Federation of Small Businesses, it could seek its

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Equality and discrimination: understand the basics

help and guidance. If an employee is a trade union member, they can

seek help and guidance from their trade union representative or trade
union equality representative.

Keep up-to-date and stay informed

Visit www.acas.org.uk for:
 free employment relations and employment law advice
 tools and resources including free-to-download templates, forms and
checklists
 an introduction to other Acas services including mediation, conciliation,
training, arbitration and the Acas Early Conciliation service
 research and discussion papers on the UK workplace
 details of Acas training courses, conferences and events.

Sign up for the free Acas e-newsletter. The email newsletter is a

great way to keep up to date with employment law changes and hear
about events in your area. Find out more at: www.acas.org.uk/subscribe

Acas Helpline Online. Have a question? We have a database of

frequently-asked employment queries that has been developed to help
both employees and employers. It is an automated system designed to
give you a straightforward answer to your employment questions, and
also gives links to further advice and guidance on our website:
www.acas.org.uk/helplineonline

Acas Helpline. Call the helpline for free and impartial advice on 0300
123 1100. We can provide employers and employees with clear and
confidential guidance about any kind of dispute or relationship issue in the
workplace. You may want to know about employment rights and rules,
best practice or may need advice about a dispute. Whatever it is, our
team are on hand. Find out more: www.acas.org.uk/helpline

Look for us on:

Facebook - https://www.facebook.com/acasorguk
LinkedIn - http://linkd.in/cYJbuU
Twitter - http://twitter.com/acasorguk
YouTube – https://www.youtube.com/user/acasorguk

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