When and what is Discrimination?

In every organisation, there will always be difficult employees whom will try to create tension and disruption.
It’s not always because they truly have something to mourn or complain about.. they are simply just “difficult employees”.
Discrimination has to be against sex, pregnancy, carers’ responsibilities, race, colour, nationality, descent, ethnic, or religious background, marital status, disability, homosexuality, age or transgender.
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If you treat someone differently because they possess different characteristics to other members of staff you could be acting unlawfully.
Direct discrimination occurs when someone is treated less favourably than other employees. For example, the employee has the qualifications to do the job but you turn them down because you think they might want to start a family soon.
Direct discrimination can also occur when you pay someone less than other employees for no good reason, you select particular workers for redundancy based on protected characteristics, you don’t make reasonable adjustments for a disabled worker, you sack someone for making allegations of discrimination or you unfairly reject a request for flexible working from a new parent.
Indirect discrimination occurs when certain rules or regulations put certain staff members at a disadvantage. For example, if you insist all workers should work Sundays, this could be seen as discriminating against Christians who consider it a day of worship.
As HR professionals, it is imperative that we are absolutely certain about the differences between bullying, discrimination & harassment. Management and employees are relying on HR to provide the right advise & solution, but most importantly to prevent Fairwork claims by disgruntled employees. Its’ all about the delivery and how well each grievance or dispute is managed so that everyone is happy with the end result!
Did you know that at PAQ Group, we have an in-house Chartered Accountant (CA) that you can leverage to your advantage? What does this mean for you? This means that you get that additional business knowledge, advice and insights when you have your initial consult.
Contact us to see how we may be able to assist you with your business finances today; we’ll be happy to answer any questions you may have.