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Peninsula Group, HR and Health & Safety Experts
(Last updated )
Peninsula Group, HR and Health & Safety Experts
(Last updated )
Read our Associative Discrimination advice guides for employers, or contact us for further HR, Health & Safety and Employment law advice.
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It is the duty of all employers to treat their staff equally and fairly, and not to discriminate against protected employee characteristics in any way.
Employers must also be aware of the distinction between direct discrimination and associative discrimination, the range of both issues and the ramifications each can have on their business.
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Direct discrimination in the workplace refers to the unfavourable treatment of an individual or group based on a specific characteristic. There are nine characteristics protected by law:
The protection of these characteristics does not necessarily mean that staff must directly possess the characteristic themselves.
If the discrimination arises ‘because of’ a protected characteristic then the person may file a claim for associative discrimination, or ‘discrimination by association’.
For example, a mother who has previously been promised a promotion at work tells her manager that her daughter has a disability.
Having learnt this, the manager withdraws the promotion on the grounds that the mother would be unable to focus entirely on the new role due to a perceived duty of care for her daughter.
This would be considered as associative discrimination because of the mother’s association with a disability.
If an employer discriminates against an employee – whether direct or associative – they run the risk of an employment tribunal claim. If the tribunal finds the claim to be valid, they may order the employer to compensate the employee on the grounds of discrimination.
It’s important to note that compensation for discrimination is unlimited and any sanctions against the employer are for the tribunal to decide on a case-by-case basis.
As with direct discrimination, The Equality Act 2010 protects employees from associative discrimination.
Protection from associative discrimination is a ‘day-one’ employee right. This means that there is no required length of service required in order for an employee to file a tribunal claim against the employer.
Peninsula offers expert advice on avoiding associative discrimination. Our teams provide 24/7 HR advice which is available 365 days a year. We take care of everything when you work with our HR experts.
Want to find out more? Contact us on 0800 028 2420 and book a free consultation with an HR consultant today.
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