There are various categories of discrimination including race, sex, age etc. These are called ‘Protected Characteristics’ as they are protected by law.
It is generally the case that to make a claim for discrimination the complainant needs to have the Protected Characteristic in question i.e. be gay, have a disability, be of a different race, old or young …… otherwise the claim will be ‘struck out’ by the Tribunal.
However, there are times when a claim can be made ‘by association’. In essence this means the individual does not have the Protected Characteristic personally but has a significant connection to it.
Successful claims have been made by Christians who claimed when they overheard discriminatory comments against Muslims – as their partner practised that religion. Then there is the non disabled Claimant that made a successful disability claim due to having a disabled child. There are literally hundreds of other similar cases covering pretty much all of the Protected Characteristics.
A good example of this was the employee who won substantial damages when he was teased about being gay because of the way he spoke. The employer argued that the case should be struck out by the Judge as the individual wasn’t gay and so did not have the Protected Characteristic he was claiming for. However, because the comments related to his sexual orientation the claim was allowed, and succeeded.
It is unusual for sex discrimination claims to be made ‘by association’ but remember, a comment or act doesn’t have to be directed at a particular individual for them to make a complaint or claim against the organisation or colleague. They simply need to witness it, overhear it or be told about it.
The most famous HR case of this involves a council run swimming pool where a customer successfully sued after overhearing lewd remarks made by lifeguards.
Especially following the law change in October 2024, employers really must train their managers and employees on these issues to avoid costly claims. 186hr’s 40 minute ‘banter and behaviour in the workplace’ e-learning course covers these issues in detail, and much more. It is an effective, low cost way to train your teams that will reduce the chances of claims and also improve work culture.
See below for details, including a 2 minute demo that covers the above swimming pool example. It is such a great, interesting example that always results in healthy debate.
Banter & Behaviour in the Workplace
This new e-learning course describes the various forms of harassment and discrimination in an easy-to-understand format so organisations can appreciate where the bar is at work between acceptable behaviour and that which is likely to lead to a grievance or successful Tribunal claim.
The course was developed in partnership with the excellent eLearning specialist e-aspire and costs £49.95, with discounts available for bulk purchases e.g. if you decide to train the whole team or your management team – which is highly recommended.
If you have any queries about the course, discrimination or harassment in general, please don’t hesitate to contact us.