Workplace Report November 2003

Features: Law Discrimination

Discrimination law - The basic legal rules

It is unlawful to discriminate on the grounds of sex, race, transsexuality, trade union membership and, from the beginning of next month, on the grounds of religion and sexual orientation. Disability discrimination is also unlawful (for an update on this area of law see the September issue of Workplace Report).

There are four forms of discrimination prohibited by legislation - direct and indirect discrimination, victimisation and harassment. Direct occurs where a person is treated less favourably. Indirect is where the treatment is no different but where the application of a provision, criterion or practice impacts detrimentally.

Victimising someone because they have earlier raised a discrimination claim is also unlawful, as is any form of harassment. The law states that:

* employers should complete a questionnaire giving responses to the allegations of discrimination, if requested by the employee making the discrimination claim;

* discrimination can be inferred from employers' practices and procedures, even if there is no direct evidence;

* compensation in discrimination claims is unlimited and includes compensation for injury to feelings, as well as aggravated damages where the employer's conduct is particularly poor.

Individuals who are discriminated against or otherwise victimised by ex-employers have the right to bring discrimination claims.