There is a considerable amount of legislation to ensure that people are not subjected to disadvantage in their employment for reasons that are not connected with the skills they have or the performance of their duties.  It is unlawful for any person to be discriminated against on the basis of their sex, marital or civil partnership status, racial grounds, disability, gender reassignment, religion or belief, sexual orientation, pregnancy or maternity absence or on the basis of their age or that they are employed part time. (For part time employees see separate briefing note).

Great care is needed to avoid claims based on allegations of discrimination. In the first place there is no minimum qualifying period of employment (as there is for example for unfair dismissal) and in addition, awards of compensation for successful claims can be significant.

Disability

The Disability Discrimination Act makes it unlawful to discriminate against disabled persons in employment and in other areas.  A person is disabled for the purposes of the Disability Discrimination Act if he or she has a physical or mental impairment which has a substantial and long term adverse affect on his or her ability to carry out normal day to day activities.  This might include issues of:-

Mobility
Dexterity
Coordination
Continence
Ability to lift, carry or otherwise move everyday objects
Speech, hearing or eyesight defects
Memory or ability to concentrate or learn or understand
the perception of risk or physical danger

Sexual Discrimination

Sexual discrimination was made unlawful by the Sexual Discrimination Act 1975 and in simple terms requires Employers to ensure equal treatment between the sexes.  This includes areas which may not at first be easily apparent and includes potential claims or difficulties in relation to pregnancy and maternity leave.

Gender Reassignment

On 1 May 1999 the Sexual Discrimination Act was amended to bring transsexuals within its scope.  Protection against less favourable treatment on grounds of trans sexuality or gender reassignment is now an area of increasing complexity.   The rules in relation to gender also apply to sexual orientation and discrimination on the grounds of sexual orientation is unlawful as a result of the regulations introduced in 2003.

Age Discrimination

Age discrimination is quickly becoming one of the most difficult areas in which to advise Employers and Employees alike.  Some of the consequences of the Age Discrimination legislation are quite far reaching.  For example, advertisements which describe posts as being suitable only for those that are “young and energetic” may fall foul of the regulations as may insisting on particular skills which are not necessary for the post but which are more likely to be possessed by certain age or