Discrimination

It is unfair and sometimes unlawful to be treated differently because of who you are. This section gives useful guidance on spotting when something is unlawful and gives you information about what to do about it.  There is also information on what to do if you have experienced an act of violence of hostility because of who you are.

1. WHAT IS DISCRIMINATION?

This section provides you with basic information about discrimination and when you are protected

Introduction- who is protected and when

The law protects certain people is certain situations.

Find out more information here
Source: Citizens Advice

Spotting discrimination chart

This flowchart goes through the basic information to see whether you may have been discriminated against.

View the flowchart here
Source: Citizens Advice

Making or telling someone to discriminate

It’s unlawful to tell someone or make someone discriminate against you. The law calls this instructing, causing or inducing someone to discriminate.

Find out more about what’s meant by instructing, causing and inducing discrimination here
Source: Citizens Advice

2. DIFFERENT TYPES OF DISCRIMINATION

This section explains what the different types of unlawful discrimination are. 

There is further information below about sexual harassment and hate crime and other forms of unfair treatment

What are the different types of discrimination?

If you've been treated unfairly because of who you are, it may unlawful discrimination. This section explains what the different types of unlawful discrimination are.

Find out more information here
Source: Citizens Advice

Direct Discrimination

Direct discrimination is when you’re treated differently and worse than someone else for certain reasons.

Find out more information here
Source: Citizens Advice

Direct Discrimination- comparing yourself to someone else

If you want to show you’ve suffered direct discrimination, you need to compare your treatment with the treatment of someone else who doesn't have the same protected characteristic as you.

Find out more information here
Source: Citizens Advice

Indirect Discrimination

Indirect discrimination is when there’s a practice, policy or rule which applies to everyone in the same way, but it has a worse effect on some people than others.

Find out more information here
Source: Citizens Advice

Victimisation

If you’re treated badly because you complain about discrimination or you help someone who has been discriminated against, this is called victimisation. If you’ve been treated badly because you complained, you may be able to do something about it. Read this link to find out more.

Find out more information here
Source: Citizens Advice

3. ARE YOU PROTECTED FROM DISCRIMINATION?

This section will help you find out if you're someone who must not be discriminated against. 

Click on the links below to be taken to your desired section. 

AGE

Age discrimination is where you’re treated unfairly because of your age or because you’re part of a particular age group.

Find out more information here
Source:Citizens Advice

CARING RESPONSIBILITIES

The Equality Act includes new measures to protect carers of disabled or elderly people from discrimination and harassment. This is sometimes called "discrimination by association".

Find out more information here
Source: NHS

DISABILITY

The law says you must not be discriminated against because of your disability.

Find out more information here
Source: Citizens Advice

DISABILITY:SOMETHING CONNECTED TO YOUR DISABILITY

If you’ve been treated unfairly by someone because of something connected to your disability, you may have been discriminated against.

Find out more about discrimination arising from disability here
Source: Citizens Advice

GENDER REASSIGNMENT

The law says you mustn’t be discriminated against because you’re a transsexual person. This link gives more information.

Find out more information here
Source: Citizens Advice

MENTAL HEALTH

This link sets out the law of disability discrimination and how this might apply to people with mental illnesses when they are at work, applying for jobs or using services.

Find out more information here
Source: Rethink

PREGNANCY OR MATERNITY

If someone treats you unfairly because you’re pregnant, breastfeeding or because you’ve recently given birth, you may have been discriminated against.

Find out more information about pregnancy and maternity discrimination here
Source: Citizens Advice

RACE DISCRIMINATION

The law says you mus not be discriminated against because of your race.

Find out more information here
Source: Citizens Advice

RACE: IF YOU ARE A GYPSY OR TRAVELLER

If you’re a Gypsy or Traveller, you may be protected against race discrimination.
This link gives more information. You may also find useful information under our Healthcare, Housing and education sections below.

Find out more information here
Source: Citizens Advice

RELIGION OR BELIEF DISCRIMINATION

The law says you must not be discriminated against because of your religion or belief.

Find out more information here
Source: Citizens Advice

SEX/ GENDER DISCRIMINATION

The law says you must not be discriminated against because you’re a woman or a man. This is discrimination because of your sex.

Find out more information here
Source: Citizens Advice

SEXUAL ORIENTATION

The law says you mustn’t be discriminated against because you’re gay, lesbian, bisexual or heterosexual. This is called discrimination because of sexual orientation.

Find out more information here
Source: Citizens Advice

4. REMOVING BARRIERS AND GOOD REASONS FOR TREATING YOU UNFAIRLY

This section looks at what should be done to stop you being discriminated against and also looks at reasons why it may not be against the law to be treated unfairly.

When can someone justify discrimination?

Sometimes people are allowed to discriminate against you if they have a good enough reason for doing so.

Find out more information here
Source: Citizens Advice

Discrimination at work - occupational requirements

There are situations where it's lawful for the employer to require a job to be done by someone with a particular characteristic, if having this characteristic is an occupational requirement for this job.

Find out more information here
Source: Citizens Advice

Duty to make reasonable adjustments at work - what must employers do?

If you’re disabled, employers have a duty to change their procedures and remove the barriers you face because of your disability so you can work and apply for jobs in the same way as someone who's not disabled.

Find out more information here
Source: Citizens Advice

Discrimination at work - exceptions relating to religion and belief

Some employers, like religion or belief organisations and faith schools, are sometimes allowed to discriminate against you when you apply for a job.

Find out more information here
Source: Citizens Advice

5. DISCRIMINATION IN EMPLOYMENT

This section provides information if you feel you have been discriminated at work and what action you can take.

Click on the links below to be taken to your desired section. 

DISCRIMINATION AT WORK – OVERVIEW

To find out more about how to decide if something is unlawful discrimination at work, click here
Source: Citizens Advice

WHAT ARE THE DIFFERENT TYPES OF DISCRIMINATION AT WORK

If you've been treated unfairly at work or when applying for a job, it may be unlawful discrimination.

For an explanation of the different types of unlawful discrimination that are in the workplace, click here
Source: Citizens Advice

WHAT DOESN'T COUNT AS DISCRIMINATION AT WORK

There are exceptions where it's not unlawful for an employer to discriminate against you.

Find out the exceptions here
Source: Citizens Advice

ABSENCE FROM WORK BECAUSE OF GENDER REASSIGNMENT

If you need to take time off work because of gender reassignment, you're protected against discrimination by your employer. Gender reassignment is when you change your sex or want to change your sex.

Find out more about gender reassignment discrimination if you're absent from work here
Source: Citizens Advice

COMMON SITUATIONS

In this section you will find common situations where you might have been discriminated against at work. It also includes information on bullying and harassment at work.

Find out more information here
Source: Citizens Advice

DISCRIMINATION AT WORK - OCCUPATIONAL REQUIREMENTS

There are situations where it's lawful for the employer to require a job to be done by someone with a particular characteristic, if having this characteristic is an occupational requirement for this job.

Find out more information here
Source: Citizens Advice

BEFORE YOU TAKE ACTION ABOUT DISCRIMINATION AT WORK

Read this page to find out about things you should think about before taking action against your employer.

Find out more information here
Source: Citizens Advice

TAKING ACTION ABOUT DISCRIMINATION AT WORK

A flowchart to help you decide whether to take action about discrimination at work can be found here
Source: Citizens Advice

COMPLAINING ABOUT DISCRIMINATION AT WORK

Find out about complaining to your employer about unlawful discrimination here
Source: Citizens Advice

COMPLAINING ABOUT DISCRIMINATION AT WORK IF YOU'RE AN AGENCY WORKER

If you're an agency worker it may be difficult to know who you should complain to.

To find out more about who you should complain to if you're an agency worker, click here
Source: Citizens Advice

MEDIATION

You may be able to resolve your discrimination problem by using mediation. Mediation is where an independent and impartial person called a mediator helps both sides reach an agreement.

Find out more information here
Source: ACAS

TERMINATION OF EMPLOYMENT AND DISABILITY DISCRIMINATION

If you’ve been dismissed because you can’t do your job because of your disability or you’ve been off work sick, it may be unlawful disability discrimination.

Find out more about disability discrimination if you’re dismissed here 
Source: Citizens Advice

There is more information on dismissal in our WORK section

TAKING LEGAL ACTION ABOUT DISCRIMINATION AT WORK

This link explains about making a discrimination claim in the employment tribunal and how to get evidence to support your case. You will also get information about the legal tests applied in deciding whether you have been discriminated against.

Find out more information here
Source: Citizens Advice

6. DISCRIMINATION AS A SERVICE USER OR A CONSUMER

When you buy goods and services you are protected from discrimination. You are also protected when accessing other services such as health housing and in education. This section gives more information about how you are protected and the duties owed to you by public authorities like the local authority and the police.

This section covers different situations where you should be protected against discrimination:

Please click on the links below to be taken to your relevant section. 

EDUCATION

There is more general information under our EDUCATION section.

Overview of discrimination in education

This link provides information if you’re treated unfairly by an education provider like a school, college or a university and it’s because of who you are.

Find out more information here
Source: Citizens Advice

Disability Discrimination in schools

In some situations, schools must also take positive steps so that disabled pupils can access and participate in the education and other activities they provide.

Find out more information here
Source: Citizens Advice

Sex Discrimination in education

You have the right not to be discriminated against because of your sex in education or when you apply for a place on a course or at a school or college.

Find out more information here
Source: Equality and Human Rights Commission

Making reasonable adjustments

Schools and education authorities have a duty to provide auxiliary aids and services for disabled pupils. This page links to a guide that focuses on the practical implementation of the reasonable adjustments duty in schools and includes case studies.

Find out more information here
Source: Equality and Human Rights Commission

Taking action about discrimination in education

If you or your child has been discriminated against by a school, college or university, you may be able to take action against them under the Act.

Find out more information here
Source: Citizens Advice

HEALTHCARE

You may get further information under our HEALTH AND SOCIAL CARE section

Overview of discrimination in healthcare

If you’re treated unfairly when you receive health or care services because of who you are, it may be unlawful discrimination.

Find out more information here
Source: Citizens Advice

Identifying discrimination in healthcare

If you've been treated unfairly by a healthcare or care provider, it may be unlawful discrimination.

To find out if something is unlawful discrimination when accessing or using health and care services, click here
Source: Citizens Advice

Health and care services - what are the different types of discrimination?

This link explains what the different types of unlawful discrimination are when accessing or using health and care services.

Find out more information here
Source: Citizens Advice

Discrimination in access to health services for Gypsies and Travellers

Health providers, like GP’s and hospitals, mustn’t discriminate against you because you’re a Gypsy or a Traveller.

Find out more information here
Source: Citizens Advice

Discrimination when registering with a GP

GP surgeries mustn’t discriminate against you if you want to register as a patient.

Find out more about discrimination when you want to register with a GP here
Source: Citizens Advice

Discrimination when making a medical appointment

You may find it difficult to make an appointment with a GP, hospital, private clinic or other healthcare provider. If you feel you’ve been treated unfairly in some way, this may be unlawful discrimination.

Find out more information here
Source: Citizens Advice

Discrimination when accessing fertility treatment

You mustn’t be discriminated against when you want to have fertility treatment.

Find out more information here
Source: Citizens Advice

Discrimination and people in residential care

You mustn’t be discriminated against when you’re in a care home.

Find out more information here
Source: Citizens Advice

Disability discrimination when accessing and using health services

Healthcare providers, like hospitals and private clinics, must make sure their services are accessible to disabled people.

Find out more information here
Source: Citizens Advice

Taking action about discrimination in health and care services

This section explains what you can do if a healthcare or care provider has unlawfully discriminated against you.

Find out more information here
Source: Citizens Advice

GOODS AND SERVICES

You may get further information under our CONSUMER section

Discrimination in goods and services – overview

If you’re treated unfairly by someone providing goods and services like a shop, bank, energy provider or local authority. 

Find out more information here
Source: Citizens Advice

Identifying discrimination in the provision of goods and services

This section will help you find out if something is unlawful discrimination when you buy or receive goods and services.

Find out more information here
Source: Citizens Advice

Goods and services - what are the different types of discrimination?

This section explains what the different types of unlawful discrimination are when you buy or receive goods and services.

Find out more information here
Source: Citizens Advice

Disability discrimination and debt problems

Service providers, like banks or utility companies mustn’t discriminate against you if you’re disabled.

Find out more information about unlawful disability discrimination by a service provider if you have debt problems here
Source: Citizens Advice

Disability discrimination and energy providers

If you’re disabled, your energy provider mustn’t discriminate against you. If you’ve been discriminated against you may be able to do something about it.

Find out more about unlawful disability discrimination by an energy provider here
Source: Citizens Advice

HOUSING

You may get further information under our HOUSING section.

Overview of discrimination in housing

If you’re treated unfairly - for example, by a landlord or estate agent, when you’re renting or buying a property and it’s because of who you are, it may be unlawful discrimination.

Find out more information here
Source: Citizens Advice

Identifying discrimination in housing

This section will help you find out if something is unlawful discrimination when you're renting, buying or living in a property.

Find out more information here
Source: Citizens Advice

What are the different types of discrimination in housing?

This section explains what the different types of unlawful discrimination are when you're renting, buying or living in a property.

Find out more information here
Source: Citizens Advice

Discrimination in housing - finding a home to rent

The law says private and social housing landlords mustn’t discriminate against you when you apply to rent a property.

Find out more information here
Source: Citizens Advice

Discrimination in housing - eviction because of rent arrears

The law says a landlord mustn’t discriminate against you if they want to evict you because of rent arrears. In particular, if you’re disabled your landlord must take steps to make sure you’re not disadvantaged because of your disability.

Find out more information here
Source: Citizens Advice

Discrimination in housing - Gypsies and Travellers

The law says private and social housing landlords, including local authorities and housing associations, mustn’t discriminate against you when you’re renting or living in a property. This includes if you’re living in a caravan or mobile home.

Find out more information here
Source: Citizens Advice

Taking action about discrimination in housing

For an explanation of what you can do if you've been discriminated against when renting, buying or living in a property, click here
Source: Citizens Advice

CLUBS AND ASSOCIATIONS

You may get further information under our CONSUMER section

Discrimination - what are private members clubs and associations?

In general, clubs and associations aren’t allowed to discriminate against you because of things like sex, race or disability under the Equality Act 2010. This includes private members clubs and associations.

To find out more about what counts as a private members club or association, click here
Source: Citizens Advice

Discrimination by private members clubs and associations – overview

If you’re treated unfairly by a private members club or association it may be unlawful discrimination.

Find out more information here 
Source: Citizens Advice

Private members clubs and associations - reasonable adjustments

In some situations, clubs and associations must take steps to remove the barriers you face because of your disability, if you want to become a member or enjoy the benefits of membership.

Find out more information here
Source: Citizens Advice

ADDITIONAL PROTECTION GIVEN BY A PUBLIC AUTHORITY

You may get further information under our LEGAL section

Discrimination in services and public functions – overview

If you're treated unfairly by a public sector organisation or a public authority, like Stockton Borough Council or the Cleveland Police, it could be unlawful discrimination under the Act..

Find out more about what could be unlawful discrimination by a public authority here
Source: Citizens Advice

Discrimination in services and public functions - what's meant by public functions?

Public authorities, like Stockton Borough Council or the Cleveland Police, mustn’t discriminate against you when they carry out their work. Some of the things public authorities do are services to the public - for example, the provision of libraries or leisure facilities. Other things, like law enforcement or the collection of taxes are called public functions under the law.

Find out more about what’s meant by public functions here
Source: Citizens Advice

When must public authorities make reasonable adjustments?

Read this page to find out more about public authorities’ (like the Cleveland Police or Stockton Borough Council) duty to make reasonable adjustments when they carry out public functions.

Find out more information here
Source: Citizens Advice

Public functions - when discrimination is not unlawful

There are some exceptions in the Act where discrimination isn't unlawful. 
Read this page to find out more about when a public authority is allowed to discriminate against you when they carry out public functions.

Find out more information here
Source: Citizens Advice

Services provided by a public authority - complaining about discrimination

If you’ve experienced discrimination by a public authority you can make a complaint to them about the way you were treated.

Find out more information about making a complaint about discrimination by public authority here
Source: Citizens Advice

Disability discrimination and welfare benefits

If you're disabled, public authorities like the Jobcentre or the Department for Work and Pensions mustn’t discriminate against you when they make decisions about your benefits.

To find out more about disability discrimination when you apply for benefits, click here
Source: Citizens Advice

You will get further information about benefit generally from our BENEFITS section

Stockton Borough Council -Equality, Diversity and Community Cohesion

Stockton Borough Council are committed to the promotion of equality, diversity as well as fostering stronger and cohesive communities and ensuring that all our services are fully accessible to all Stockton residents. They will achieve this by removing both direct and indirect discrimination wherever it exists.

Find out more information here
Source: Stockton Borough Council

Services provided by a public authority - taking legal action about discrimination

Find out more about taking legal action against a public authority here
Source: Citizens Advice

7. HARASSMENT

This section provides information about when someone behaves in a way which offends you or makes you feel distressed or intimidated. 

What is mean by harassment

Harassment is when someone behaves in a way which offends you or makes you feel distressed or intimidated. This could be abusive comments or jokes, graffiti or insulting gestures.

Find out more information about harassment here
Source: Citizens Advice

Avoiding and dealing with harassment

Harassment at work is sometimes linked to bullying. Bullying behaviour may or may not amount to harassment.

Find out more information here
Source: Source: Equality and Human Rights Commission

Sexual harassment

Sexual harassment is when someone behaves in a way which makes you feel distressed, intimidated or offended and the behaviour is of a sexual nature. Sexual harassment is a form of discrimination.

Find out more information about sexual harassment here
Source: Citizens Advice

Harassment and illegal eviction

Some private landlords put pressure on their tenants to get them to leave their home. As a private tenant you have legal rights which mean that you cannot be forced out of your home without your landlord first taking you to court.

To read about the help available from Stockton Borough Council, click here 
Source: Stockton Borough Council

There is more information about eviction in our HOUSING section.

Anti-Social Behaviour

Anti-social behaviour is serious or persistent behaviour that causes harassment, alarm and distress within a community or society. It can cover a range of issues, from annoying disturbance, such as loud music to serious acts of violence and harassment. This behaviour may be caused by individuals or involve groups of people.

Find out how Stockton Borough Council can help here
Source: Stockton Borough Council

8. VICTIMISATION

This section explains what to do if you’re treated badly because you complain about discrimination or you help someone who has been discriminated against.

If you’re treated badly because you complain about discrimination or you help someone who has been discriminated against, this is called victimisation.

Find out more information here
Source: Citizens Advice

9. HATE CRIME

Information if you've experienced an act of violence or hostility because of who you are or someone thinks you are, you may have been the victim of a hate incident or hate crime.

Please click on the links below to be taken to your desired section. 

WHAT ARE HATE INCIDENTS AND HATE CRIME?

Hate incidents and hate crime are acts of violence or hostility directed at people because of who they are or who someone thinks they are. For example, you may have been verbally abused by someone in the street because you’re disabled or someone thought you were gay.

To find out more about hate incidents and hate crime, click here
Source: Citizens Advice

INTERNET HATE CRIME

Information on how to deal with offensive material and hate content can be found here
Source: True Vision

DISABILITY HATE CRIME

If someone has been violent or hostile towards you because you’re disabled, you have been the victim of a hate incident.

Find out more information about disability hate incidents and hate crime and what you can do about it here
Source: Citizens Advice

SEXUAL ORIENTATION AND TRANSGENDER IDENTITY HATE CRIME

If someone has been violent or hostile towards you because of your sexual orientation, this is known as a homophobic hate incident.

To find out more about homophobic or transphobic hate crime and incidents and what you can do about it, click here
Source: Citizens Advice

WHAT ARE RACIST OR RELIGIOUS HATE INCIDENTS?

Something is a racist or religious hate incident if the victim or anyone else thinks it was carried out because of hostility or prejudice based on race or religion.

Find out more information here
Source: Citizens Advice

HOW TO REPORT HATE CRIME IN STOCKTON ON TEES

You can report any offensive incident or hate crime that you have suffered, or witnessed on behalf of someone else. The different types of offensive incidents or hate crime can also include damage, assault, verbal abuse and harassment even if you do not want us to take any further action. 

Read a leaflet that gives information on how to do this in Stockton on Tees here
Source: Stockton Borough Council

PROBLEMS REPORTING A HATE INCIDENT OR HATE CRIME

When you report an incident or a crime, the police may not treat it specifically as a hate incident or a hate crime.

Find out what you can do if you’re having problems when reporting a hate incident or hate crime here
Source: Citizens Advice

10. HELPFUL TOOLS

We have provided a variety of tools below to help you with your problem but if you still need help, you can click on FIND LOCAL AGENCIES WHO CAN HELP YOU for information about local agencies who may be able to assist you further.

Please click on the links below to be taken to your relevant section. 

PODCASTS AND VIDEOS

Discrimination advice in BSL can be found here
Source: Citizens Advice

FAQS

FAQs about discrimination can be found here
Source: Equality and human Rights Commission

FAQs about Default Retirement Age can be found here
Source: Age UK

FACT SHEETS

Discrimination

For a variety of fact sheets on discrimination, click here

Easy read: what to do if you are a victim of hate crime

This link will allow you to access a leaflet on hate crime. You can download our easy read guide on what you can do if you are a victim of hate crime here

Equality in Education

This guidance explains your equality rights as a student in further or higher education.

Find out more information here
Source: Equality and Human Rights Commission

Service users' guidance

Guidance for service users about their rights under the Equality Act 2010 can be found here
Source: Equality and Human Rights Commission

NATIONAL HELPLINES

Acas Helpline
The Acas Helpline provides free and impartial advice for employers, employees and representatives on a range of employment relations, employment rights, HR and management issues.
Telephone: 0300 123 1100

Action on Elder Abuse
Action on Elder Abuse (AEA) works to protect, and prevent the abuse of, vulnerable older adults. The helpline provides information, advice and support to victims and others who are concerned about or have witnessed abuse
Telephone: 080 8808 8141

Equality Advisory Support Service discrimination helpline
The EASS helpline is for people who think they may have experienced discrimination You can call the helpline directly, but it's best if you go to an advice organisation first. They can then make contact with the service on your behalf.
Telephone: 0808 800 0082

Stonewall
Stonewall's free information service can answer your questions about gay rights. 
Telephone: 08000 50 20 20

Stop Learning Disability Hate Crime helpline
Support and information on learning disability hate crime. The helpline is open 24 hours a day. 
Telephone 0808 802 1155

Tell MAMA
A service that allows people from across England to report any form of Anti-Muslim abuse
Telephone: 0800 456 1226

Community Security Trust
A service if you are the victim of an antisemitic incident or you have information regarding an antisemitic incident that happened to somebody else
Telephone 0161 792 6666

Citizens Advice
Advice by phone is available from Citizens Advice Bureaux 
Telephone: 0344 2451295

WEBSITES USED IN THIS SECTION

ACAS

ACAS provides information, advice, training, conciliation and other services for employers and employees to help prevent or resolve workplace problems.
www.acas.org.uk

Citizens Advice
The Adviceguide website is the main public information service of Citizens Advice, providing people with round-the-clock access to CAB information on their rights - including benefits, housing and employment, and on debt, consumer and legal issues.
www.adviceguide.org.uk

Equality and Human Rights Commission
The EHRC seeks to uphold people’s rights, value diversity and challenge intolerance.
http://www.equalityhumanrights.com/about-us/about-the-commission/our-vision-and-mission

NHS
Everything you need to know about NHS Choices, its services and how to get the most out of it.
www.nhs.uk 

Rethink
Provides expert, accredited advice and information to everyone affected by mental health problems. www.rethink.org

Stockton Borough Council
The Local Authority site for Stockton on Tees
www.stockton.gov.uk