Discrimination
Experiencing discrimination can be painful and is never OK, but understanding what your rights are can be difficult. The first thing to remember is that you’re not alone. Studies show that:
One in five adults have faced workplace discrimination, with the figure being much higher for people from under-represented groups.
It’s important to understand what discrimination is, and what you can do if you’ve experienced it. We’ve pulled together some information to guide you through, but please remember that you can always speak to one of our trained team on our free and confidential 24/7 Support Line to talk through any concerns. Our Bullying Advice Service is also available to support you and to offer advice.
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What is discrimination?
In the UK, the Equality Act 2010 states that discrimination at work is against the law. Discrimination means treating someone ‘less favourably’ than someone else because of their ‘protected characteristics’. Protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
According to Acas, ‘less favourable’ treatment can be anything that puts someone with a protected characteristic at a disadvantage when compared to someone who does not have that characteristic. There's no legal definition of 'putting someone at a disadvantage’, but it could include:
- Excluding someone from opportunities or benefits
- Making it harder for someone to do their job
- Causing someone emotional distress
- Causing someone financial loss
It can still be discrimination even if the less favourable treatment was not intended.
The Equality Act protects employees and all workers, contractors and self-employed people, job applicants and former employees. Discrimination is unlawful from when a role is advertised and interviewed for, through to the last day of employment and beyond, including when giving job references. By law, all employers must make sure they do not unfairly discriminate in any aspect of work. They should also take steps to do all they reasonably can to prevent discrimination and protect people from discrimination by others. Discrimination can happen in the workplace, at work social events, or when people are working remotely.
To find out more about protected characteristics and examples of how different identities might be discriminated against, please see the Equality and Human Rights Commission website.
The Equality Advisory and Support Services (EASS) offers free advice on discrimination under the Equality Act 2010.
Types of discrimination
Discrimination includes direct and indirect discrimination, harassment and victimisation. See further information on the Acas website.
The Equality Act 2010 says that people must not be unfairly discriminated against because of colour, nationality, ethnic or national origins. Race discrimination can happen in any aspect of work. It can result from decisions made at work or from how people behave towards each other. It could be a regular pattern of racist behaviour or a one-off incident.
Read our Think Piece by Sasha Salmon to find out more about anti-racism in the industry.
The Equality Act 2010 protects employees from discrimination because of religion or philosophical belief. It is broadly accepted that supporting a political party is not a philosophical belief under the Equality Act. However, a political philosophy significantly affecting how a person lives their life may be protected. The Human Rights Act 1998 gives a person the right to hold a religion or belief, and to show that belief, but not if that display or expression interferes with the rights and freedoms of others.
In the UK, incidents of Islamophobia and antisemitism have increased since 7 October 2023. In response, the Film and TV Charity has surveyed people working in the film and TV sector to gain as comprehensive an understanding as possible of their experiences of antisemitism and Islamophobia and to help us identify the support they need.
- Tell Mama supports victims of anti-Muslim hate and is a public service which also measures and monitors anti-Muslim incidents.
- Community Security Trust is a charity that protects British Jews from antisemitism and related threats.
Disability discrimination includes hidden or non-visible disabilities or conditions such as neurodiversity, mental health conditions, cognitive impairment and chronic pain. Acas provides further information. An example of unlawful disability discrimination is the failure of employers to make “reasonable adjustments” in relation to a Disabled employee’s working arrangements. If this happens to you, you would have the option of taking your employer to tribunal, regardless of your length of service or contract.
Caring responsibilities
Equality legislation could also protect you against discrimination because of your caring responsibilities if you’re treated less favourably than someone else because you’re caring for an elderly or Disabled person. Carer’s UK provide advice about your statutory rights as a carer.
Disability Rights UK
Disability Rights UK is the UK’s leading Disabled People's Organisation (DPO) led by, run by, and working for Disabled people. Discover the support available to you on their website.
Sex Discrimination legislation means that men and women have the right not to be discriminated against at work because of their gender. The law defines sex discrimination as being direct or indirect, and it includes harassment and victimisation. Learn more about what constitutes bullying, harassment, discrimination, and victimisation here.
Rights of Women is a charity that provides free confidential legal advice and information to women on the law in England and Wales. They have an employment law advice line for women experiencing sexual harassment in the workplace, click here to see their comprehensive guide to understanding your rights.
Pregnant Then Screwed can advise on your legal rights if you are pushed out of your job, demoted, bullied, harassed, or experience any other form of discrimination as a result of pregnancy, maternity leave or parenthood.
Gender reassignment discrimination is when you are treated differently because you are trans in one of the situations covered by the Equality Act. The treatment could be a one-off action or as a result of a rule or policy. It doesn’t have to be intentional to be unlawful. However, there are some circumstances when being treated differently due to being trans is lawful.
The LGBT Foundation provides advice, support, and information for people identifying as LGBTQ+ and has a Trans Advocacy Service for trans people facing discrimination in employment.
Support available for you
When people are treated differently, unfairly, or badly, the impact on mental health can range from lowered confidence and self-esteem to a higher risk of developing stress-related conditions like anxiety and depression.
We understand how painful it can be to experience discrimination, so getting emotional support can help. Through the Film and TV Charity, you can access six free counselling sessions with a BACP qualified counsellor (via phone, videocall or in person). Please call our Support Line on 0800 054 0000.
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Bullying Advice Service
Our Bullying Advice Service offers one-to-one confidential support from our specialist adviser. They can offer advice on practical, legal, or emotional ways of dealing with your experiences.
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Free legal advice service
Our legal service is free and can be accessed through the Support Line. You will be able to access advice on the nature of your contract, your rights and your employer’s legal responsibilities.
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Coaching with work and wellbeing
If you are Disabled, neurodiverse or have physical or mental health issues, our Work and Wellbeing advisers can help you address any barriers and challenges you may be facing in your life and work.
What other actions can I take?
If you have been discriminated against under the Equality Act 2010, you have protection against unlawful discrimination, harassment and/or victimisation from day one of employment.
Acas provides a comprehensive overview of workplace rights, rules and best practice. Their guides cover subjects including:
- Discrimination and the Equality Act 2010
- How and when discrimination can happen
- What to if you’ve been discriminated against at work
- Talking to your employer about a problem
- Handling bullying and discrimination complaints
To help you understand your rights and options, you can:
- Speak to the Equality Advisory and Support Service (EASS) for guidance on your rights
- Contact the Acas helpline to seek advice about how to raise an issue at work
- Trade union membership provides you with free legal support – read further information about Bectu and their legal scheme.
- Hate crimes are criminal offences and people who commit them can be prosecuted. There is more information about hate crime and ways to find support via the True Vision website.
- Stop Hate UK operates the UK’s only free dedicated 24-hour anti-Hate Crime reporting service for all monitored strands of a person’s identity or perceived identity. It offers independent reporting and support for victims and witnesses of hate crimes. Visit their website to see if your area is covered, and find links to other reporting options.
- The Discrimination Casework Service assists individuals who have suffered discrimination due to any protected characteristics. They also offer mental health support.
- Age UK provides information on ageism, also called age discrimination, that you may experience at work and how you are protected by the law.
- Rethink has an information line for people dealing with mental illness.
- The Disability Law Service can help with a range of issues – whether you are in work and trying to access equality of opportunity in the workplace; or if you have left work through dismissal or resignation. They can help people with the statutory right to reasonable adjustments in the workplace; or the contractual right to a safe working environment; or the statutory rights to freedom from discrimination and harassment in the workplace.
- Galop provides helplines and other support for LGBT+ people who have experienced Anti-Semitism, Islamophobia, Racism, Disability hate, Homophobia, Biphobia or Transphobia.
