It is unlawful for an employer to discriminate against employees or job applicants on the grounds of sex, sexual orientation, race, religion (or belief) or disability. There are four types of discrimination:
Direct – where an employer treats a person less favourably than they would treat someone from the opposite sex, from a different racial group, who had not had gender reassignment or without a disability.
- Not interviewing or appointing a woman because it is felt that, because of her sex, she would not fit in.
- Not considering job applicants for a particular racial group because it is felt they might be unreliable.
- Not appointing a person who is deaf because they could not hear important instructions.
- Not appointing a homosexual man to a job because it is believed he may make unwanted approaches to other male employees.
Indirect – where an employer applies a requirement or condition equally to all but where a smaller proportion of people from a particular group can comply with it cannot be justified as necessary for the job.
- Insisting on unnecessary height requirements
- Insisting on uniform or clothing which would be difficult for some people to wear (on religious or cultural grounds) and where no alternative is provided
- Unreasonably imposing working hours which make it difficult for those with caring/domestic responsibilities to do the job
- Social occasions organised by employees that all take place in licensed premises
Harassment – unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them.
- Employees tell jokes amongst themselves which are directed at race, sex, religion, disability or sexuality
- Displays of sexually offensive material, e.g. pin-ups
- Abusive, threatening or insulting words and/or behaviour
- Requests for sexual favours
Victimisation – when a person is treated less favourable when they have made a complaint in good faith whether or not the complaint was upheld.
- Refusal to give a reference in respect of an (ex) employee who has made an allegation of discrimination
- Refusing training or promotional opportunities to an employee who has previously made an allegation of discrimination
The company will not discriminate unlawfully nor will it tolerate discrimination on any grounds not covered by law, or any other factor irrelevant to the job.