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What is discrimination?

Discrimination usually consists of one or more of the following: People who are treated differently based upon their sex, race, colour, and nationality, ethnic or national origins or married status. This also covers sexual harassment. Employees are paid different rates of pay despite doing similar work, because of their sex. Disabled people who receive less favourable treatment than their work colleagues who are not disabled.

Disability.

The Disability Discrimination Act 1995 says that an employer should not discriminate against a person on the grounds of their disability. To prevent discrimination an employer will be expected to make adjustments to the workplace and working conditions. So that a disabled person is not placed at a "substantial disadvantage".

However, this Act does not apply to an employer who employs less than 15 workers.

The Act describes a disabled person as anyone who has a "physical or mental impairment", which is long-term or substantial and makes them unable to carry out normal day to day activities.

This is a very wide definition and could include new categories of disability. Employers will have to be careful that their recruitment, training and dismissal procedures, etc. do not treat disabled people unfairly.

Trade Unions.

Members of trade unions who are treated less favourably than non-union members. However, this can also work in reverse, if non-union workers receive less favourable treatment.

Sexual Discrimination.

There is no compensation available for people who are discriminated against because of their sexual orientation, (for example gay men or lesbians), because this is not recognised as sex discrimination.

There are two basic forms of discrimination, direct and in-direct.

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Employment Law Headlines
Dismissal for out-of-hours activities:
In the November case of Pay v Lancashire Probation Service (Times, 27 November 2003 EAT) Mr Pay was a probation officer who in his spare time performed shows at 'hedonist and fetish clubs' and sold various bondage products through the internet.
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