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What is discrimination?

Discrimination happens when an employer treats one employee less favourably than others. It could mean a female employee being paid less than a male colleague for doing the same job, or minority ethnic employee being refused the training opportunities offered to white colleagues.

There are specific laws against some types of discrimination (called 'unlawful discrimination'). If your employer treats you less favourably for an unlawful reason, you may be able to take action. If your employer treats you unfairly for any other reason, this is not unlawful discrimination (to find out what you can do in these situations - see below).

There are laws against discrimination because of:

• Find out about sex discrimination

• Sexual orientation discrimination

• Disability discrimination

• Racial Discrimination

• Religion or belief discrimination

• Age discrimination

Apart from the discrimination laws mentioned above there are laws which forbid workers from being dismissed or treated less favourably than other workers because of:

• Part-time work

• Fixed-term work

Types of discrimination

Legislation protects employees from discrimination of different types.

Direct discrimination

Direct discrimination happens when an employer treats an employee less favourably because of, for example, their gender or race. (So it would be direct discrimination if a driving job was only open to male applicants).

Indirect discrimination

Indirect discrimination is when a condition that disadvantages one group of people more than another is applied to a job. For example, saying that applicants for a job must be clean shaven puts members of some religious groups at a disadvantage.

However the law does allow employers to discriminate indirectly if they can show a good reason for having the condition. For example, the condition that applicants must be clean shaven might be justified if the job involved handling food and it could be shown that having a beard or moustache was a genuine hygiene risk.

Harassment and victimisation

Harassment means offensive or intimidating behaviour - sexist language or racial abuse, for example - which aims to humiliate, undermine or injure its target.

Victimisation means treating somebody less favourably than others because they tried to make a discrimination complaint

Being treated unfairly for other reasons

If you are treated unfairly but it is not for one of the reasons listed above, it may be that you are being bullied. Bullying should never be acceptable in the workplace, find out what you might be able to do about it.

• Bullying - find out more

If you are trying to take up your statutory rights and your employer treats you unfairly for this, you may be able to take legal action. For example, your employer is not entitled to mistreat you because you've asked to be paid the National Minimum Wage.

Other rights where you are protected from being mistreated because you have asked for them in good faith include:

• More about sorting out work problems

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas help line on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.

• Acas (opens new window)

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

• Find your local Citizens Advice Bureau (opens new window)

If you are a member of a trade union, you can get help, advice and support from them.

• More about trade unions

More useful links

• More about equal opportunities and race and disability discrimination (opens new window)
• Find more information on age discrimination (opens new window)
• Read about discrimination on the Acas website (opens new window)
• Advice for employers on avoiding discrimination and valuing diversity from Business Link (opens new window)