Dismissal, redundancy and retirement

If you are an employer, and you are making a decision, or taking action following a decision, to dismiss a worker, make a worker redundant, tell someone they must retire because they've reached a particular age, or what you do after someone has stopped working for you (for example, if you are asked for a reference), equality law applies to you.

Definition of employer

This guide calls you an employer if you are the person making decisions about what happens in a work situation. Most situations are covered, even if you don't give your worker a written contract of employment or if they are a contract worker rather than an employee. Other types of worker such as trainees, apprentices and business partners are also covered. Sometimes, equality law only applies to particular types of worker, such as employees, and we make it clear if this is the case.

When equality law applies

Equality law applies:

• whatever the size of your organisation
• whatever sector you work in
• whether you have one worker or ten or hundreds or thousands
• whether or not you use any formal processes or forms to help you make decisions (although sometimes the law says you must follow a formal process and that some things have to be done in writing).

This guide tells you how you can avoid all the different types of unlawful discrimination. It recognises that smaller and larger employers may operate with different levels of formality, but makes it clear how equality law applies to everyone, and what this means for the way you (and anyone who already works for you) must do things.

What else is in this guide

• Information about making reasonable adjustments to remove barriers for disabled people who work for you or apply for a job with you.
• Information about when you are responsible for what other people do, such as your employees.
• Advice on what to do if someone says they've been discriminated against.
• Information on where to find more advice and support.

Throughout the text, we give you some ideas on what you can do if you want to follow good equality practice and do more than equality law says you must do. This can help you focus on what your workers contribute to your organisation, rather than on their protected characteristics.

Making sure you know what equality law says you must do as an employer

Use this guidance to make sure you know what equality law says you must do.

Does the job or position you are dealing with count as a work situation for equality law? Most situations are covered, even if you don't give your worker a written contract of employment or if they are a contract worker rather than an employee. People in other positions like trainees, apprentices and business partners are also covered. If you are not sure, check the list under 'work situation'.

Make sure you know what is meant by:

• age
• disability
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation.

These are known as protected characteristics. 

Unlawful discrimination can take a number of different forms.

Direct discrimination

You must not treat a person worse than someone else just because of one or more of their protected characteristics. This is called direct discrimination.

In the case of women who are pregnant or on maternity leave, the test is not whether the woman is treated worse than someone else, but whether she is treated unfavourably from the time she tells you she is pregnant to the end of her maternity leave (equality law calls this the protected period) because of her pregnancy or a related illness or because of maternity leave.

Indirect discrimination

You must not do something to someone in a way that has a worse impact on them and other people who share a particular protected characteristic than it has on people who do not have the same characteristic. Unless you can show that what you have done, or intend to do, is objectively justified, this will be indirect discrimination. 'Doing something' can include making a decision, or applying a rule or way of doing things.

Discrimination arising from disability

You must not treat a disabled person unfavourably because of something connected to their disability where you cannot show that what you are doing is objectively justified. This only applies if you know or could reasonably have been expected to know that the person is a disabled person. This is called discrimination arising from disability.

Discrimination by association

You must not treat a person worse than someone else because they are associated with a person who has a protected characteristic. 

Discrimination by perception

You must not treat a person worse than someone else because you incorrectly think they have a protected characteristic.

Victimisation

You must not treat a person badly or victimise them because they have complained about discrimination or helped someone else complain or done anything to uphold their own or someone else’s equality law rights.

This also includes dismissing someone or selecting them for redundancy or discriminating against them after they've stopped working for you because they have discussed whether they are paid differently because of a protected characteristic.

Harassment

You must not harass a person.

Failure to make reasonable adjustments

To make sure that disabled people have the same access, as far as is reasonable, to everything that is involved in getting and doing a job (including disciplinary procedures) as a non-disabled person, as far as is reasonable, you must make reasonable adjustments.