What is discrimination?
Discrimination refers to unfair treatment or the denial of rights based on one or more protected characteristics, as defined by the Equality Act 2010. These include:
- Age.
- Disability.
- Gender reassignment.
- Marriage and civil partnership.
- Pregnancy and maternity.
- Race (including colour, nationality and ethnic or national origins).
- Religion or belief.
- Sex.
- Sexual orientation.
Discrimination can take a variety of forms including:
- Direct - occurs where a person is treated less favourably than another person because: they have a protected characteristic, they are thought to have a protected characteristic, or they associate with someone who has a protected characteristic.
- Indirect - occurs when a provision, criterion or practice that applies to everyone but adversely affects people with the protected characteristic more than others and is not justified.
- Discrimination arising from disability – occurs where a person is treated unfavourable because of something arising in consequence of their disability and that treatment is not justified.
- Failure to make reasonable adjustments - occurs where the Firm fails to take such steps (adjustments) as are reasonable to alleviate disadvantages caused by a disability.
- Harassment - occurs when unwanted conduct takes place with the purpose or effect of violating another person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for another person. Unwanted conduct can be physical, verbal or non-verbal and must occur on two or more occasions. Harassment is dealt with in our Anti-Bullying and Harassment policy.
- Victimisation - occurs when someone is treated less favourably because they have made a complaint or supported someone else in doing so. It includes situations where a complaint has not yet been made but someone is victimised because it is suspected they might make one. Victimisation is dealt with in our Anti-Bullying and Harassment policy.
Examples of discrimination:
- Direct Discrimination – e.g. refusing to hire someone due to their age or gender identity.
- Indirect Discrimination – e.g. implementing a dress code that disproportionately affects people of a particular religion.
- Failure to Make Reasonable Adjustments – not making necessary changes to support a disabled person in performing their role or accessing services.
This list is not exhaustive, and other behaviours may constitute discrimination.
Discrimination, whether by colleagues or external parties like clients or suppliers, is not tolerated.
Immediate actions to take if you experience discrimination
Ensure your safety:
- If you feel unsafe, find a trusted person or safe space.
- if you are in immediate danger or seriously injured, contact emergency services on 999.
Document what happened
- Write down what happened as soon as you can and record dates, times, locations and names of any witnesses.
- Keep any evidence such as emails, messages, or photos.
This is helpful, whether you decide to report it or not.
Reporting options
Experiencing discrimination can leave you feeling anxious, isolated, or unsure of what to do next. Any form of discrimination is unacceptable and against our Equality, Diversity and Inclusion policy.
- Speak to the person: If you feel able to, you may choose to speak directly to the person involved and explain that their behaviour is unwelcome.
- Talk to someone: Concerns can be raised with your Contact Partner, Line Manager, Head of Department or People Team contact.
- Report + Support: If you do not feel comfortable speaking to someone initially, you can share details using the Report + Support platform. You can choose to do so anonymously or with your contact details. Further information about reporting can be found in the ‘Frequently Asked Questions’ document.
Available support
Possibly support avenues could include:
Internal Support
- People Advisory Team: Offer professional guidance and wellbeing support to help you navigate a wide range of complex situations. The team provide a safe and impartial space to talk things through.
- Inclusion Ambassadors: Identified by pink and black lanyards, they offer peer-level support, promote awareness, and help foster a culture where everyone feels respected and heard.
- Mental Health First Aiders: Trained to provide initial support for mental health concerns, these colleagues are a first point of contact if you're struggling or need someone to talk to. They can listen without judgement, offer reassurance, and guide you towards appropriate professional help if needed.
External Support
- Employee Assistance Programme: Free, confidential support with a trained counsellor. You can call on 0800 015 5630 or visit their website at www.eap-carefirst.com (username: lifestyle1234 and password: carefirst)
- LawCare: Mental health support for legal professionals. You can call on 0800 279 6888 or visit their website at https://www.lawcare.org.uk.
Please refer to the 'Available Support' pages on the Report + Support platform for a comprehensive list of support.
Supporting others who have been subjected to sexual harassment
If someone confides in you:
- Listen without judgement.
- Offer practical help (e.g. accompany them to report and/or exploring support options).
- Help them explore their options but avoid pressuring them to any particular action.
- Consider your self-reporting requirements under paragraphs 7.7 and 7.8 of the SRA Code of Conduct for Solicitors .
- Look after your own wellbeing too.