Read our Associative Discrimination advice guides for employers, or contact us for further HR, Health & Safety and Employment law advice.
Loading content...
What is Associative Discrimination?
FAQs
Got a question? Check whether we’ve already answered it for you…
Discrimination in the workplace is when a worker is treated less favourably due to a protected characteristic.
This form of discrimination at work can occur with or without intent. It can also derive from colleagues, managers, customers, third-party people, and even employers.
There are 9 protected characteristics that your employees can hold. They are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex, and sexual orientation.
Yes, there are different types of discrimination outlined under the law. The main ones include:
· Direct discrimination.
· Indirect discrimination.
· Harassment.
· Victimisation.
· Discrimination by perception.
· Discrimination by association.
Peninsula can provide you with expert and practical advice on discrimination in the workplace. We'll work with you to ensure you never unlawfully discriminate against your employees.
Yes if an employee feels like you have discriminated against them, they may choose to raise a claim against you. This can lead to you paying financial damages.
It doesn’t matter what a person’s employment status is or how long they’ve worked for you… All employees are protected from unlawful, unfavourable treatment during work. This is known as ‘discrimination’.
Research by the Trade Union Congress (TUC) found that 52% of people faced at least one form of workplace bullying, harassment, or discrimination connected to their sexual orientation
Peninsula GroupHR and Health & Safety Experts
Discrimination
Award-winning services
Take the first step towards a safer business. Answer a few questions about your HR and Health & Safety management and we’ll direct you to the support you need
0800 158 2313Speak to an expert 24/7
Jump to section:
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.
Claim your free advice call
Find the safest and easiest way to resolve your workplace issue
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:
Age
Disability
Gender reassignment
Marriage and civil partnership
Race
Religion or belief
Sex
Sexual orientation
The difference between direct and associative
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.
Consequences for the business
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.
The law behind associative discrimination
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.
Summary
Employers must be aware of the distinction between direct and associative discrimination.
Employees are immediately protected from associative discrimination, which means they are able to file a tribunal claim against their employer from the moment they join a company.
If the claim for associative discrimination is considered valid then the employer is liable to pay an unlimited amount of compensation to the employee, to be decided by the tribunal.
Peninsula can help you avoid associative discrimination
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.
Guide
Peninsula GroupHR and Health & Safety Experts
Guide
Guide