Discrimination can be based upon sex, sexual orientation, marital status, race, ethnic origin, disability, religion and most recently age. The basis for any of these complaints is that an employee believes he/she is being treated less favourably than someone else for one of the reasons above. If the employer cannot show that the difference in treatment was for a reason unconnected to the particular employee's sex, race etc., then the employer will be found to have discriminated against the employee.

There are different ways in which an employer can discriminate against an employee, namely directly or indirectly. Direct discrimination refers to when an employee is treated less favourably than others on the grounds of his/her sex, race etc. There is a defence open to an employer if it can show that being of a particular sex or race is a genuine occupational qualification.

Indirect discrimination refers to when a requirement or condition or a provision, criterion or practice is applied such that the proportion of one sex or race etc., who cannot comply with it, is considerably smaller than the proportion of the opposite sex, other races etc., who can comply. There is a defence where the requirement or condition can be 'justified' by the employer as a sensible way of achieving a legitimate aim (unconnected with gender, race etc).

An employee can also be discriminated against by way of victimisation or harassment. Victimisation refers to when an employee is treated less favourably because he/she has done something under or by reference to a particular Act, namely the Sex Discrimination Act 1975, the Race Relations Act 1976 or the Equal Pay Act 1970.

Harassment refers to when a person, on the basis of his/her sex or race, is subjected to unwanted conduct which violates his/her dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for him/her. It covers verbal, non verbal and physical conduct.

If an employee wants to start a discrimination claim, the employee can send a questionnaire to the employer asking specific questions about either the employee's particular circumstances or the employer's work place generally. The contents of the questionnaire, answers to the questionnaire and, if applicable refusal to answer the questionnaire, can all be brought to the EmploymentTribunal's Employment Tribunal's attention if and when the claim is submitted.

The time limit for submitting a discrimination claim is 3 months from the date of the last act of discrimination. For example, if an employer makes a racist comment to an employee of ethnic origin, then the last act of discrimination for the purposes of starting a claim would be the date that comment was made. The limitation period would then run from that date for 3 months.

Discrimination on the Grounds of Disability
Disability discrimination is somewhat different to the other areas of discrimination. It is governed by the Disability Discrimination Act 1995.

According to the Act, disability is defined as a physical or mental impairment which has a substantial and adverse effect on an employee's ability to carry out normal day-to-day activities. To qualify for protection, the impairment must have lasted (or be expected to last) for at least 12 months. It is also important to note that the illness is looked at without the effect of any medication.

If an employee is treated less favourably because of his/her disability the employee is being discriminated against. The employee must first show that he/she is disabled according to the definition in the Act and then he/she must show that he/she has been treated less favourably because of the disability.

The Act places a further duty on the employer to make reasonable adjustments to the work place so that the disabled employee can continue to work.

There is a defence whereby the employer can try to establish that the less favourable treatment is 'justified', i.e. the employer has a valid reason to act in that way which overrides the employee's right not to be treated less favourably. The phrase used in law is that justification must be 'material and substantial'. This is a hard test to pass and should not be seen as an escape clause for unscrupulous employers. Furthermore, the defence does not absolve the employer from considering alternatives or adjustments in the work place or working practices.

There are also definitions of harassment and victimisation in the Disability Discrimination Act 1995 in similar wording as that for sex, race discrimination etc.