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Discrimination law can become quite complicated. A brief summary of the areas where there is protection is given below. For further information on a particular topic, just click on the section title above. You should be able to go to work without any form of Discrimination or Harassment.

Compensation for Discrimination has no upper limit and there are no service requirements - you are protected from your first day at work - unlike unfair dismissal which needs a years service. You can be compensated for injury to your feelings, not just any specific losses.

You also enjoy protection if you are a job applicant. If you believe that you have been discriminated against in the recruitment process you can still make a complaint to tribunal. This includes the short listing stage - deciding who gets an interview. So if you do not get to the interview stage and you think this is because of your sex, race, colour or a disability, you can make a complaint. Best advice is to contact the employer to ask why you have been turned down. Listen to what the employer says, if they respond - as there is no legal requirement for the Employer to tell you why you have been unsuccessful. All of this applies if this is an internal piece of recruitment as well as external to the Company.

You even enjoy protection as an ex-employee! If you feel you have suffered discrimination from your ex-employer, you can still claim discrimination. So if you are refused a reference for example, or the reference makes some discriminatory remarks, you may still be able to claim.

You must submit a claim to a Tribunal within 3 months of the incident you are complaining of. You can make a late application and Tribunals will consider your late application. If you wish to make a late application do Contact our Advice Line.

You enjoy extra protection if you are victimised at work as a result of making a formal complaint of discrimination. In some specific situations you may even be able to claim discrimination after your employment has ended. Perhaps your employer refuses to give you a reference, yet they normally do, and you think this is because of an earlier complaint you made or that you took them to Tribunal.

Your Employer is responsible for any discrimination that you suffer in the course of your employment.Even if the discrimination or harassment comes from someone from outside your organisation. This may be a customer, client, even a member of the public if your job involves dealing with them. It is your Employers duty to take all reasonable steps to protect you. Start by telling them of the problem. If you feel that your Employer is not taking you seriously, put your complaint in writing or use the grievance procedure. If you do not get protection, you can eventually leave and claim constructive dismissal. This is a serious move as you lose your employment. Before taking this step, Contact our Advice Line.

This section identifies the legal framework which relates to employment. The list of discrimination laws is expanding due to new UK legislation, and is also affected by European legislation and rulings of the European Court of Justice.

Relevant pieces of legislation are outlined, and the practical implications of these are explained below.

The Equal Opportunities Commission (EOC), the Commission for Racial Equality (CRE) and the Chartered Institute of Personnel and Development (CIPD) have all produced codes of practice on equal opportunities. Whilst these are not actually statutory requirements, they carry significant influence for tribunals and are strongly recommended as the actions of a 'good' employer.

The codes recommend that a company develops an equal opportunities policy and takes steps to monitor the effectiveness of the policy. If you would like more information on these Codes look at;

Commission for Racial Equality www.cre.gov.uk/

Disability Rights Commission www.drc-gb.org/drc/default.asp

Equal Opportunities Commission www.eoc.org.uk/

Chartered Institute of Personnel and Development www.centralcollege.ac.uk/html/prospectus/lists/professional/cipd.htm

Relevant Act: Sex Discrimination Act 1975, plus European Legislation.

Effectively you are protected in the workplace, and as a job seeker.

The four areas of protection are:

People who have changed gender, or who are going through a gender change process

The main provisions of sex discrimination legislation are:

(a) The legislation outlaws discrimination in employment on grounds of sex and marital status. This means any less favourable treatment of one sex by reason of the difference in sex. The legislation protects men, women and individuals who undergo gender reassignment surgery or treatment. Since 1999, the Sex Discrimination (Gender Reassignment) Regulations have amended the Sex Discrimination Act. Employees, or job applicants, who are undergoing (or have undergone) gender reassignment are protected against discrimination in employment.

(b) The protection is afforded not only to employees, but also to prospective employees - that means job applicants and individuals in the recruitment process - as well as contract workers, agency staff and self-employed workers.

(c) Discrimination is permitted where being of one sex is a genuine occupational qualification of a post. Standards do change over time - for example it was once felt to be a genuine occupational qualification that a midwife was female. This would no longer be accepted. However, it is possible to specify that certain jobs can only be carried out by someone of a particular sex.

(d) An employer can be responsible for the discriminatory acts of its employees. This is providing the employee was acting in the course of their employment at the time of the discrimination. Whilst there have been some interesting decisions on this, the current situation is that courts and tribunals adopt a wide interpretation of 'acting in the course of employment'. This may well cover an act of discrimination which occurs outside of work. Most discriminatory acts now carried out by employees will also become the responsibility of the employer.

The Sex Discrimination Act does not provide protection against discrimination which is based on sexuality. If you are suffering discrimination or harassment because you are gay you have certain rights but you cannot claim Sex Discrimination - see below for further help on this topic. Talk to your Employer or union representative and refer to your Company Equal opportunities Policy, if there is one.

If you are being subject to abuse based on your sex and wish to get further advice Contact our Advice Line.

Questions from Employers which ask women about family intentions are likely to be classed as sex discrimination. It is most unlikely that a man would be asked that type of question so it is discrimination on grounds of sex.

In December 2003, employment protection was introduced to protect workers and job seekers from discrimination based on Sexual Orientation. This legislation is wide ranging and covers everyone in the workplace, not just "gay" workers. It protects heterosexual as well as homosexual men and women. If you have suffered abuse, harassment or discrimination you may be entitled to compensation from your Employer.

There is no length of service required to make a claim of discrimination and the compensation available is unlimited as it includes damages to feelings. Once you have had a claim accepted it will be down to your Employer to produce evidence that your treatment was not down to discrimination. If you are suffering abuse or harassment at work and you feel that this is because of your sexuality you must inform your Employer or trade union rep. You cannot accuse your Employer of not protecting you if you have not raised it with them. It may be advisable to keep a diary or log of the incidents of harassment or bullying, for future reference as evidence.

In December 2005, The Civil Partnership Act came into force. This provides for same sex couples to have their relationship legally recognised. This will cover many aspects of law and relationships, but does have an impact on employment too. If you enter into a Civil Partnership, your Employer should offer you the same rights and benefits as they offer to married couples. This would include death in service pension benefits for example.

If you are being subject to abuse based on your sexual orientation,and wish to get further advice Contact our Advice Line.

Relevant Act: The Race Relations Act 1976.

The main provisions of this Act are:

(a) It is unlawful to discriminate on racial grounds. This equates to discrimination on grounds of colour, race, nationality, ethnic or national origins. The Act makes it unlawful for an employer to discriminate during recruitment (including any arrangements made for recruitment), promotion, training or transfer, terms and conditions of employment and also dismissal.

(b) Employers may also be liable for the unlawful discriminatory acts carried out by employees in the course of their employment. The only defence employers have in this situation is to demonstrate that they took such steps as were reasonably practicable to prevent the employees from carrying out these acts.

There is more to race discrimination than colour. The definition of Race extends to National Origins, which covers England, Scotland, Wales and Northern Ireland. For example, if a Welsh lady is being harassed at work because of her Welsh background, she may claim Racial harassment.

Until 2003 there were no specific laws covering Religious discrimination but this all changed in December of that year.(This is different in Northern Ireland where the Fair Employment Act covered religious discrimination some time earlier than this.)

The law is not that clear as to what actually is classed as a "religion". Obviously mainstream religions will be covered. Not too sure about those who reported that they were Jedi Knights in the last census though!

Issues that may be raised will include dress codes and time off for religious festivals for example. Your Employer must have regard to health and Safety, so that will come first on the subject of dress codes.

You do not have the right to demand certain days off or to take breaks at particular times. You do however have the right to request these things, and your employer is obliged to give the request serious consideration. If, however, your Employer feels that on business grounds it is not possible to grant your holiday or prayer break, your request can be turned down. If you are not happy with your Employers decision you should consider using the Grievance procedure before going any further.

There should be some element of communal worship involved for a religious belief to qualify for protection under the laws. Philosophical and political beliefs are not covered by the legislation.

If your Religion is based on a particular Race, for example Jews, it may also be possible to use the Race laws if you feel you are being discriminated against on Religious grounds. If you are being subject to harassment or bullying on Religious grounds, tell your Employer, see your Representative or Contact our Advice Line.

Relevant Act: The Disability Discrimination Act 1995.

The main provisions of this Act are:

(a) The Act outlaws discrimination against people with disabilities. (Organisations employing less than 15 people were excluded from this Act - but this exclusion limit was removed in October 2004. So all businesses are now covered - and so are Fire fighters and Police Officers who also used to be excluded.

(b) The definition of a disability is:

'a person who has, or has had, any physical or mental impairment which has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities'.

It is no longer necessary to "Register" as a disabled person to benefit from protection. The definition above is what determines whether you are protected. You must have a medically recognised impairment to be able to make a claim for disability discrimination. Note that you do not have to register as disabled to be protected by this legislation.

In December 2005 the definitions of a disabilty were amended slightly. If you are diagnosed as suffering from Multiple Sclerosis, Cancer or HIV you are covered against discrimination from the point of diagnosis - you do not have to wait for 12 months or for your condition to affect your daily activities.

Also from the same date, you do not have to have a clinically recognised mental illness, so those who have a "learning difficulty", with no specific cause identified, may be able to claim protection. Do contact our Advice Line.for help.

(c) Your Employer is legally obliged to make reasonable adjustments to their recruitment processes, to the work itself or indeed the workplace in order to ensure that disabilities are accommodated where possible.

Your Employer does not have to create a job for you, but is obliged to look at things like:

This applies if you develop a disability too, and your performance and attendance at work are affected. You should not be dismissed for poor performance or poor attendance unless your Employer has made every effort to consider reasonable adjustments.

(d) Physical impairment is not defined in the legislation. There are no medical definitions as to what constitutes a disability, although normally you must be suffering from a clinically recognised illness in order to make a claim to tribunal. A tribunal will review the medical evidence in each case in order to establish whether the applicant is disabled as defined by the legislation. Tribunals will ask a series of questions based on the definition of disability. These are:

(i) Is it a substantial impairment?

(ii) Is it long term? - the guidelines say that this should have lasted 12 months or will be likely to last 12 months.Has the illness lasted for 12 months in the past? If you are refused employment because of a previous mental health problem this could still be classed as discrimination.

(iii) What are the effects on this person's ability to carry out normal day-to-day activities?

(e) As with sex and race discrimination, the legislation applies not only to employees, but to prospective employees, contract staff , agency and self-employed workers.

(f) The legislation makes it unlawful to discriminate in relation to recruitment, promotion, training, transfer, benefits, facilities, services, dismissal or by subjecting an individual to any other detriment.

If you think you have suffered Disability discrimination or would like further advice Contact our Advice Line.

The legislation encourages employers to focus on the abilities of the person, not the disability. Advice is available from Job Centres and the Disability Rights Commission www.drc-gb.org/drc/default.asp.

Trade union membership

It is unlawful for an employer to refuse employment on the grounds that an individual is a member or a non-member of a trade union. If you feel that you have been denied a job, or the opportunity of a job, including promotion, because of trade union membership or trade union activities, you have the right to complain to an employment tribunal. The term 'refused employment' covers a range of activities. These apply where an employer:

(a) refuses to consider an application;

(b) causes the candidate to withdraw;

(d) offers employment only on the condition that the candidate leaves the union.

Any decision not to appoint a woman on the grounds of her pregnancy alone is liable to be classed as discrimination. If you have been turned down for employment and you believe this is due to pregnancy, this is classed as direct discrimination and you may complain to a tribunal. For more information refer to "Your Family Rights" Section or Contact our Advice Line.

Rehabilitation of Offenders Act 1974

This Act makes it unlawful for employers, or prospective employers, to take into account offences which are deemed under the legislation as being 'spent'. After a certain period of time, which depends on the seriousness of their offence, the person concerned should be treated as if the conviction had never taken place. Candidates may legitimately omit to give details to employers and such sentences must not be considered in the selection process.

Employers can ask job applicants to disclose any previous convictions, apart from spent convictions. If an employer discovers an employee has a spent conviction, and takes action against the employee, this will be unfair.

There are a range of exceptions, where all previous offences should be disclosed. In other words these professions and jobs are exempt from the Act. Exempted professions include:

A review of the Rehabilitation of Offenders Act has been announced.

In mid-2001 the Criminal Records Bureau (CRB) was established. An agency of the Home Office, the CRB will enable employers to discover information on the criminal records of job applicants.

Through the CRB, an employer could gain access to information contained on the Police National Computer (PNC) as well as records held by local forces. Ex-offenders pressure groups are concerned that employers will merely use this information to short-list candidates.

Since July 2000 it has been illegal to treat part-time workers less favourably than a full-time worker carrying out similar work at the same establishment. This applies to recruitment and selection as well as other terms and conditions of employment such as sick pay, bonuses, overtime rates etc. There is no specific threshold which means that a worker is part-time. You are classed as a part-time worker if you work fewer hours than a full time worker doing similar work to you at your place of work. Therefore if the standard hours of work at an organisation are 40 hour per week, a worker regularly working 35 hours a week would be classed as a part time worker at that establishment.

(Note: this legislation applies to all 'workers' - not just employees. As such casuals, agency staff, home workers, etc., are protected, as are temporary employees)

Also, Employers should not be tempted to make stereotypical assumptions about part-time workers - particularly during internal selection procedures: 'I am not promoting her, she only works part time', or 'I would much prefer a full-timer, this is an important job'. These comments appear to discriminate against the worker for being part time, enabling the worker to take action, which could result in a tribunal case.

This right starts from your first day at work.

Part time workers should receive the same benefits as a comparable full time worker. This would include benefits such as staff discounts, annual bonuses, subsidised mortgages or career breaks, etc. These benefits can all be calculated on a pro rata basis to recognise the reduced hours a part time worker actually works.If is is not possible to give you a particular benefit, you should receive an explanation from your Employer, perhaps even an improvement in other terms to compensate.

If any part time worker feels that they have been treated less favourably than a comparable full time worker they must put their case in writing to their employer, stating why they believe they are being treated less favourably than a full timer. Your Employer must respond to this request within 21 days, giving a written response.

A part time worker will only be entitled to receive pay at overtime rates once they have worked the same number of hours as a full time worker at that establishment.

As a part time worker you have the right to equality with full time workers at your work place. Most terms and conditions of employment are covered.

If you feel you have been discriminated against for working on a part time basis, you can take a claim to an Employment Tribunal. You have to identify a full time worker at your workplace, or another of your employers locations. If there is no full time worker to compare with, you cannot succeed in any claim.

If you move from full time working to a part time position, you can compare your new terms with the terms you enjoyed as a full time worker.

If you feel that you have suffered any detriment because you are part time you should write to your employer, asking for an explanation. Your Employer then has 21 days in which to reply to you. If your employer has not replied in 21 days Contact our Advice Line.

The Human Rights Act came into force on 2 October 2000 and does have an impact on employment issues. Although the human rights are not new as such, workers can now exercise these rights through UK courts and tribunals, making it much easier than attempting the route to the European Court of Human Rights.

Employment tribunals must take into account the Human Rights Act, and relevant European Case law, in deciding UK cases.

Discrimination on the grounds of religion or political views would now be a breach of the Human Rights Act, although there has been no protection to date under UK discrimination laws. Discrimination on the grounds of sexual orientation would be classed as an invasion of privacy and respect for private beliefs - again in breach of one of the main Articles contained in the Human Rights Act.

You have the right to a fair hearing and the right to respect for your home life, as these are included as Human Rights.

Age discrimination protection came into effect on 1 October 2006. Employers are now prevented from discriminating on the grounds of age - not only during recruitment, but also for training, redundancy and other policies. A default retirement age of 65 has been introduced now.

There are not many jobs where being of a certain age is an essential requirement (bar work or HGV driving are examples of jobs where age is crucial). Despite this, many advertisements still carry age restrictions, which are now unlawful unless it can be justified. This can often be down to stereotyping, or a subjective view of the recruiter. Before applying age criteria to a person specification, Employers should ensure that this is genuinely required to do the job.

AGE DISCRIMINATION - KEY POINTS

1. Age Regulations came into force 1 October 2006.

2. Regulations cover employment and vocational training. This includes access to help and guidance, recruitment, promotion, development, termination, perks and pay.

3. The regulations cover people of all ages, both old and young, but not unpaid volunteers or Armed Forces.

4. All employers, providers of vocational training, trade unions, professional associations, employer organizations and trustees, and managers of occupational pension schemes have new obligations to consider.

5. Goods, facilities and services are not included in these regulations, this overs Insurance Premiums for example, which can still be based on your age.

6. The upper age limit of 65 for claiming unfair dismissal and redundancy has been removed. You can now claim unfair dismisssal or redundancy pay at any age. Any redundancy should not be based on your age alone. "Last in First Out" redundancies are also likely to be classed as age discrimination. Statutory Redundancy Pay is partly based on age, but this remains in force. Your redundancy payment should not be reduced if you are made redundant in the12 months leading up to age 65.

The Minimum Wage is not affected and the rate still depends on your age.

7. A national default retirement age of 65 has been introduced making compulsory retirement below age 65 unlawful (unless objectively justified by your employer). You have the right to work until 65, but you do not have to! If your Employer wants you to retire before 65 it will have to be justified as you can claim Age discrimination. This age limit of 65 will be reviewed in 2011.

To comply with the law, your Employer is now obliged to write to you between 12 and 6 months before you are due to retire. The letter should confirm your retirement date and should also confirm that you have the right to request working on past the retirement date given.

8. All employees now have the 'right to request' to work beyond the default retirement age of 65 or any other retirement age set by your company and all employers have a 'duty to consider' requests from employees to work beyond 65.

If you want to work on after reaching 65, you should put your request in writing around 6 months before you are due to retire. You must make any request to work on at least 3 months before your planned retirement date.

You are entitled to have a meeting with your Employer to discuss this. You can have a companion with you at the meeting. If your request is turned down, you have the right to appeal and a further meeting with a different manager should be arranged. If this does not happen you can make a claim against your Employer.

9. Occupational pensions are covered by the regulations, as are employer contributions to personal pensions. However, the regulations generally allow pension schemes to work as they do now.

10. The regulations do not affect state pensions.

· Please note: Acas is the nominated agency to provide advice and guidance on age issues - to contact their Helpline call 0845 7474747

If you have a question on Age discrimination, or you feel you haver not been fairly treated contact our Advice Line

Employers should pay men and women on the same basic terms, providing the work they do is broadly similar, or rated as equivalent (under a job evaluation scheme, for example). Equal Pay laws are an extension of Sex Discrimination in a way. You can only use the Equal Pay Act when your pay is below that of someone of the opposite sex. You cannot use this law if you are unhappy with your pay when compared to someone of the same sex. This would have to be taken up with your Employer as a grievance.

If there are pay differences, these should not be due to sex - there may be a bonus for length of service, or performance-related pay which explain differentials. In other words your Employer may be able to defend the pay difference by stating that it has nothing to do with the sex of the workers involved. Start by talking to your Employer or your Representative. If you need further help Contact our Advice Line.

The Equal Pay Act basically requires employers to pay men and women on the same terms where a woman can claim equal pay as a man (or vice versa) in the following situations:

1) The woman is employed on similar work with a man in the same employment; or

2) Where the woman is employed on work that is rated as equivalent with that of a man in the same employment; or

3) Where the work is classed as being of equal value.

The Act defines "similar work" as situations where the woman's work is of the same or of broadly similar nature to that of a man. The man must be employed by the same company or at the same establishment by an associated employer. The comparable man could also be employed at another establishment where common terms and conditions apply within the same employer.

If employers have jobs that are similar, or rated as equivalent under a job evaluation scheme, any differences in pay between men and women must be justified. If the difference in pay is down to a reason not contacted with gender, then there is a possible defence.

The Act covers all workers. It does not matter how long you have been employed, or whether you work on a part time - even a casual basis.

A complaint can be made to an Employment Tribunal and an award can be made equal to the difference in pay between the claimant and the person she is comparing herself with. Equal pay cases are often complicated and you should seek professional advice before starting a claim. From April 2003 you can ask your Employer to complete an Equal Pay Questionnaire which may help to make it easier to get information on pay levels. For more information on these Questionnaires - Contact our Advice Line.

Equal Pay claims can be difficult to resolve. You have 6 months to take up an equal pay complaint to Tribunal, unlike most other claims which have to made within 3 months.

There are no specific laws covering harassment in the workplace. There is a criminal law called the "Protection from Harassment Act", which of course covers the workplace. This tends to be for more serious offences, such as stalking someone, and normally requires that more than one incident has taken place before a prosecution can take place. If a serious incident has taken place, for example assault, contact the Police immediately.

Harassment in the Workplace can be described as "Any unwanted attention that causes offence, embarrassment, humiliation, upset". Where the harassment is based on sex, race or disability, the relevant discrimination law can be used to get protection and in serious cases, some compensation which is unlimited and includes damages to feelings.

Harassment can take many forms; offensive remarks, very personal comments, racist or sexist jokes, touching, calendars/screen savers or other displays, even foul and abusive language.

If you are suffering from harassment or bullying there are a number of steps you can take;

Remember that your Employer has a duty to protect you from harassment and bullying. It does not matter where the harassment is coming from. In some cases the protection you enjoy extends to outside the actual place of work. The office Christmas Party is a classic example! If an incident happens outside work but involves work colleagues you may well have grounds for complaint. This would be the case even if the incident was at a Hotel or Social Club for example.