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Is that fair? Jargon buster

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JargonWhat it means for discrimination

Claim

A case taken to a court.

Court order

An official decision by a court. In certain circumstances, courts can force someone to obey a court order by threatening them with fines, or even imprisonment.

Constructive dismissal

Where your employer treats you so badly that you are forced to resign, the law says that you are as good as sacked.

Disabilty

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.

Direct discrimination

Where someone treats you worse than they treat other people because of who you are.

Duty to make reasonable adjustments

Employers and shops and service providers sometimes have premises, rules or ways of doing things that put disabled people at a disadvantage. And sometimes disabled employees might find it harder to do their job without specialist equipment or support.

The duty to make reasonable adjustments means that employers and shop and service providers have to take reasonable steps to reduce these disadvantages.

Harassment

Someone saying or doing things because of who you are that you find offensive, humiliating, frightening, sexually inappropriate or in any other way distressing because of who you are.

Human rights


Basic rights which are covered by the Human Rights Act 1998.

Indirect discrimination

Where someone has a rule or a way of doing things that they apply to everyone the same, but which puts you, and other people like you, at more of a disadvantage and cannot be justified.

Injunction (in Scotland, interdict)

A court order forbidding someone from behaving in a certain way, such as coming within a certain distance of someone or their home.

Terms and conditions (of employment)

A written statement of your rights and responsibilities at work.

Tribunal

A type of court dealing with employment law claims. In England, Scotland and Wales it is called an employment tribunal. In Northern Ireland it is an industrial tribunal or fair employment tribunal.

Unfair dismissal

Where an employer sacks an employee but either: does not have a fair reason for doing so or has a fair reason for doing so but handles the situation unfairly.

Victimisation

Where someone treats you less favourably for complaining about being discriminated against or helping someone else to complain about being discriminated against.

The blurb

The law is detailed and complicated. We’ve simplified things in this guide to give you a basic idea of how the law deals with discrimination. But this means we’ve had to miss bits out – bits that are likely to affect what the law would say about your own situation. So please don’t rely on any of the examples used here. Before you take any action, get advice from a CAB, law centre or independent advice agency. If you need help working out who to speak to, go to: Get discrimination advice.

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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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