Employers should not ask about job applicants ' health or disability before offering employment . Medical information is considered to be sensitive data and must be kept confidential .
GENDER REASSIGNMENT
Someone who proposes to start , starts or has completed a process to change their gender is referred to as a ‘ transsexual ’ person . However , this term has become outdated , with ‘ transgender ’ now more commonly used . Under the law , a male employee , for example , who decides to live as a woman must not be harassed if they begin to use the female toilets .
Someone who is a cross-dresser is not protected under the Equality Act . However , if they are harassed because they are perceived to be a transgender person , or because of their perceived or actual sexual orientation , they may be able to claim discrimination under the relevant protected characteristics .
PREGNANCY AND MATERNITY
The Equality Act provides particularly strong pregnancy and maternity protection , and guards against unfavourable treatment in these areas . Unfavourable treatment is when an employee is treated badly or poorly ( unfavourably is the legal term ) because of their pregnancy or pregnancy-related illness , or because they are seeking to take maternity leave .
Discrimination on the grounds of pregnancy or maternity happens when an employee is dismissed or placed at a disadvantage at work because of their pregnancy or maternity leave . Discrimination takes many forms and can happen at any stage of pregnancy or maternity . The law covers the person from the point they become pregnant until either their maternity leave ends , they return to work or they leave their job .
BELIEF
Belief means any religious or philosophical belief . To satisfy the law , the belief needs to demonstrate that it is a belief ( and not an opinion or viewpoint based on the present state of information ) and that it is genuinely held . The belief must concern a ‘ weighty ’ and substantial aspect of human life and behaviour and be ‘ worthy of respect in a democratic society ’. Finally , under the law , the belief must also be held with ‘ sufficient cogency , seriousness , cohesion and importance ’.
Examples of unacceptable behaviour in the workplace
Overbearing and intimidating levels of supervision
Inappropriate derogatory comments about an employee ' s performance
Abusive or threatening language in emails or text messages
Writing emails or text messages in capital letters ( as that is considered to be shouting )
Innuendoes or offensive language Jokes , banter and practical jokes Display of insulting publications or pictures Physical assault
Derogatory comments or gestures related to a protected characteristic , including during telephone or video calls
Demeaning comments about an employee ' s appearance
Questions about an employee ' s sex life
Outing or threatening to out an employee as gay or lesbian , or circulating rumours about an employee ' s sexual orientation
Consistently addressing a transgender or intersex employee by a previous name and / or an inappropriate pronoun
The use of nicknames related to a protected characteristic
Picking on , mocking , mimicking or ridiculing an employee because of a protected characteristic
Isolation or non-cooperation , including relating to social events , activities , group messages , chats or email correspondence
For advice about this or any other employment matter , please contact advisoryservice @ bvna . co . uk
Volume 38 ( 1 ) • February 2023
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