How do I know it's happening to me?

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Black man at computer Andy's Story
I've been on disability-related unemployment benefits since I got Schizophrenia. I started feeling better after they tried me on new medication so I started applying for jobs. The jobcentre told me that I could keep my benefits for up to a year, as long as I didn't work over 16 hours or earn more than £93 a week. The job I was offered paid just over £100. So I asked them if I could work fewer hours. To start of with they didn't seem to mind. But when I thanked them, explaining that this would mean I'd keep my benefits for a while, they started asking questions about what benefits I was on and why. A week later I got a letter from them saying they'd reconsidered and weren't going to give me the job.

Sometimes it’s completely obvious that someone is discriminating against you. But at other times discrimination can be harder to pinpoint.

New right from October 2010!
Many employers ask health-related questions during recruitment-sending out medical questionnaires, asking about the number of days you've had off sick, asking interviewees whether they have any disabilities. If you answer openly and don't get offered the job, you'll never really know whether it's because another applicant is genuinely more suitable than you or because of the employer's prejudiced attitude towards disabled people.

From October 2010 it will be against the law for an employer to ask you anything about your health until they've made you a job offer (unless they're asking with a view to giving you extra support if you have to a disability0. This will make it much easier to work out whether or not you've been discriminated against.

Does something that’s happened to you not seem to add up? Do you have your suspicions that you’ve been discriminated against but don’t feel sure? Well, there are a number of things that you can do to get things clearer in your mind:

talk through what’s happened with someone you trust like a friend, family member, or colleague at work to get their take on the situation

even better, talk to an adviser who can deal with discrimination issues at your local advice agency or one of the other specialist organisations mentioned in Where to get help. They’ll have heard many other people’s stories before and be able to spot the tell tale signs

anti-discrimination laws allow you to send a questionnaire to an employer, shop or service provider you think has discriminated against you so you can gather more information. You’ll be able to use their reply (or lack of it!) as evidence if you end up bringing a claim in a court or employment tribunal (in Northern Ireland, an industrial tribunal).

See our other guide You don't have to put up with it! for more details on how to make a complaint about discrimination.

What’s discrimination?

Being treated worse than others because of who you are
Being harassed because of who you are
Being subject to unnecessary rules and ways of doing things that put you, and people like you, at more of a disadvantage
Being punished for complaining about discrimination
When someone doesn't make a reasonable adjustment for your disability
New right from October 2010 - Being treated unfairly because of something to do with your disability

What’s NOT discrimination?

It’s not discrimination for an employer to look at your skills, knowledge and experience when they decide whether or not to offer you a job or promotion, send you on training or decide on your terms and conditions of work (such as how much they’re going to pay you). This isn’t treating you worse because of who you are. This is treating you appropriately because of what you can do for them.

Nor is it discrimination for an employer to require you to tone down brightly dyed hair or remove an eyebrow ring - self expression is not covered by anti-discrimination laws.