Discrimination and equal pay

With very few exceptions, it is unlawful...

There are now several forms of discrimination in UK employment law. It is unlawful for an employer to discriminate on the grounds of sex, pregnancy, marital status, sexual orientation, race, gender reassignment, religious belief, maternity leave, age and disability. Discrimination can take several forms and can be direct or indirect. An employer directly discriminates against an employee if it treats the employee less favourably than it treats, or would treat, another person in the same or similar circumstances (the "comparator"), and does so on grounds of one of the above characteristics.

An employer indirectly discriminates against an employee if it applies to the employee an apparently neutral provision, criterion or practice (PCP) that puts a protected group at a particular disadvantage compared to other groups. The employee must also suffer a disadvantage as a member of that group and the employer cannot show that its PCP is objectively justified. Protected groups are those defined by reference to any of the above characteristics (except gender reassignment, marital status, pregnancy/maternity or disability). Disabled persons are also protected against disability-related discrimination (that is, unjustified less favourable treatment related to the disability) and failure by the employer to make a reasonable adjustment for the disability. Harassment is a form of discrimination and involves unwanted conduct that has the purpose or effect of violating a person's dignity or creating an offensive, intimidating or hostile environment.

It is discriminatory if it is related to any of the characteristics listed above. Victimisation is also a form of discrimination that involves treating a person less favourably because they have complained (or intend to complain) about discrimination, or because they have given evidence in relation to another person's complaint. An employee must not be disciplined or dismissed, or suffer reprisals from colleagues, for complaining about discrimination or harassment at work. The Equal Pay Act 1970 was enacted at a time when it was not uncommon for employers to openly give different rates of pay to men and women performing the same job, or to reserve certain jobs for men and other (lower-paid) jobs for women.

Although such overt discrimination is less common today, a significant gender pay gap nevertheless persists. Equal pay claims form a major part of the work of employment tribunals; in recent years there have been as many equal pay claims as unfair dismissal claims due to the large numbers of cases involving multiple claimants. We are equipped to deal with the full range of discrimination and equal pay claims and are able to provide advice in relation to avoiding such claims.

If you require information or a consultation call us now on 0800 046 3065.

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