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Anti-discrimination laws

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There are specific anti-discrimination laws making it illegal for certain categories of people to discriminate against you for a number of different reasons. The different categories of people and the different reasons are listed below.

But what if you’re being discriminated against for a reason that isn't on the list?
Because of your weight, for example, or because you have a regional accent? Or what if someone other than your employer or a shop or service provider is discriminating against you, like a neighbour or strangers in the street?


If the discrimination you are suffering from doesn’t seem to be covered by the anti-discrimination laws, it doesn’t mean there’s nothing you can do to stop it. Depending on exactly what is happening to you, you may be able to resolve it informally by negotiating or making a complaint. Or the person discriminating against you might be committing a criminal offence. Interfering with your employment rights, human rights or breaking the law in some other way. See Other rights.

Our guide You don't have to put up with it! looks at the pros and cons of the different steps you can take to deal with discrimination.

If someone has broken the law by discriminating against you, this might mean that you can go to a court or employment tribunal (in Northern Ireland, an industrial tribunal or the fair employment tribunal) and get compensation. You’re unlikely to get mega-bucks but it should go some way towards putting right what has happened to you.

Who is discriminating against you?

Anti-discrimination laws protect you from discrimination by:

Employers

…when you’re applying for a job, to stop them offering you a job on less favourable terms and conditions (such as paying you less than they would other people), to make sure you get the same training, promotion and transfer opportunities as everyone else and so that they can’t sack you just for being who you are

Education and training providers

…such as schools, colleges, universities and vocational training services

Public service providers

…such as GPs, hospitals, local authorities, job centres and prisons

People selling, letting or managing property

…such as a local authority housing departments (in Northern Ireland, the Housing Executive), housing associations and private landlords

Shops and other service providers

…such as pubs, restaurants, cinemas, banks and insurers

Why do you think they are discriminating against you?

Anti-discrimination laws protect you from discrimination because:

  • You are a man or a woman (your gender)
  • You are pregnant or recently gave birth
  • You are transsexual
  • Of your race, colour, nationality, ethnic or national origins
  • You are disabled
  • You are lesbian, gay, bisexual or straight (your sexual orientation)
  • Of your religion or belief or lack of religion

Advice Now Web 0027 Op You are also protected from discrimination by your employer because:

  • of your age
  • You are taking or want to take statutory maternity leave
  • You are married or in a civil partnership

New rights from 2012!
It will be against the law for goods and service providers to discriminate against you because of your age.

In Northern Ireland, you are also protected from discrimination because of your political belief.

Discrimination by association

Most commonly, people are discriminated against because of their own race, sexual orientation or religious belief. But it's illegal to discriminate against you because of the race, sexual orientation or religious belief of someone else too. So if you are harassed at work after your colleagues find out that your parents are Jehovah’s Witnesses or a landlord refuses to let a flat to you because you want to share it with your friend who is Iranian, you can take action against these people.It's also illegal to discriminate against you because of your own positive attitude towards people of other races, sexualities or religions. See Hannah’s story.

Mistaken belief about who you are
It's illegal for someone to discriminate against you because they think you are a particular race or sexual orientation or religion even if you are not. So, it’s illegal for a training provider to refuse to take your booking because, when they hear your surname, they think you are Jewish, whether you are or not.

New rights from October 2010!
It will be against the law to discriminate against you because of the gender, age, disability or transsexual status of someone else or because of a mistaken belief about your own sex, age, disability, or transsexual status.

Rada
Hannah’s story
I used to waitress at a restaurant down the road from where I live. On one of my shifts, I seated and served a lesbian couple. After they’d gone, my manager called me into the kitchen and told me not to serve anyone like that again. If they came in again, she said I should just tell them that the restaurant was full. I didn’t say anything at the time but I made up my mind that I wasn’t going to treat anyone like that no matter what my manager said. So, when they did come in again on my shift I gave them a table like everyone else. And I got the sack.

This is discrimination and Hannah could have brought a claim against her employer.

What’s a disability?

Under the anti-discrimination laws a disability is a physical or mental health condition that makes it (or is likely to make it) difficult for you to carry out normal day-to-day activities for at least 12 months. It’s a very wide definition covering far more illnesses, conditions and complaints than those that people would traditionally think of as disabilities. For example, it includes, amongst many other things, dyslexia, HIV, severe disfigurement, loss of a limb and clinical depression. You could be covered by the disability discrimination legislation even if you have never classed yourself as disabled.

You’ll be covered by these laws even if you’re having treatment which makes it possible for you to carry out normal day-to-day activities. But you won’t be covered if you have treatment which cures you of the health problem.

Tell us what you think!
We would be grateful if you could spare a few minutes to tell us what you think about this guide by completing our 'Is that fair?' survey. We will use your feedback to improve our guides and make sure they are as helpful as possible.

August 2010

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About 'Is that discrimination?'

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'Is that discrimination?' is supported by the European Union Programme for Employment and Social Solidarity – PROGRESS 2007–2013. The information on these pages covers England, Northern Ireland, Scotland and Wales. For more information see About 'Is that discrimination?'.

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