Citizens Advice

I think the person I work for is discriminating against me. How can I tell?

Discrimination means treating you unfairly because of who you are and the Equality Act 2010 protects you from discrimination by your employer.

There are nine protected characteristics: age, disability, gender reassignment, marriage or civil partnership (in employment only), pregnancy and maternity, race, religion or belief, sex and sexual orientation.

To determine if you’ve been discriminated against, first check why you are being discriminated against. There could be multiple protected characteristics involved.

If you take action about a combination of protected characteristics, you have to make the case for each one separately.

If you think you’re covered by the Equality Act, check if the person you work for is responsible for the unfair treatment. To do this, you need to identify how you are employed. If you are self-employed or a volunteer, it is unlikely that the law will apply to you.

The discrimination has to be linked to your work and includes work events and business trips and social events like a work-related dinner.

Finally, check what type of discrimination it is by clearly identifying what’s happening to you that’s unfair. There could be multiple types of discrimination.

If a rule applies to everyone but has a worse effect on you it’s indirect discrimination. If they treated you worse than someone else it’s direct discrimination.

Discrimination based on a disability could involve an employer not making reasonable adjustments to help with your disability or if you are treated unfavourably because of something arising in consequence of disability. Employers should make an effort to identify if you are disabled, but it may not be discrimination if they are unaware of a disability.

Unfavourable treatment because of pregnancy or maternity, previously challenging discrimination or because you’re undergoing gender reassignment are all types of discrimination.

Once you’ve identified the types of discrimination you’re facing, you’ll need to decide what action to take. You can find out more by viewing the Citizens Advice website at www.citizensadvice.org.uk.

My employer is insisting that I go back to working in the office. Is it safe to do so?

Over 80% of people in Bath and North East Somerset have had one dose of a Covid-19 vaccine and almost 70% have had two doses, but we still need to be cautious and ensure the virus doesn’t spread.

Employers are now allowed to open workplaces and ask you to return if you’ve been working from home. However, you have the right to be safe at work whether you work full-time or have a zero-hours contract and there are laws your employer should be following to make sure you’re safe.

Regarding Covid-19, before encouraging workers to return to offices employers must conduct risk assessments and put measures in place to follow guidance. Otherwise, as with the legal obligations around general health and safety, employees can make claims if they fall ill due to the failings of an employer.

The type of business you work in dictates what guidance should be followed to make the workplace safe and more can be found out by visiting www.gov.uk/guidance/ working-safely-during-covid-19.

There are also things you should consider if you’re deciding whether to work, such as, if you are clinically extremely vulnerable you should check with your employer if they have implemented measures to ensure your safety. If they haven’t and still insist that you can no longer work from home, this could be disability discrimination.

Your employer has extra responsibilities if you’re pregnant and could offer you another role if it makes you safer. If it’s still not safe for you to go into the workplace, you may be able to remain at home on full pay.

If you feel that your workplace is unsafe, then you should talk to your employer in a constructive way and explain what you need to have happen in order to feel able to work safely. Remember, that if you choose not to work, there is likely little obligation for them to pay you unless you choose to take annual leave or get them to furlough you.

Also, try to negotiate, because even if you think you have a strong legal claim, getting to a tribunal hearing may be complicated and take many months.

I’m in debt and thinking about getting a debt relief order. How will this impact my credit rating? Your credit rating is determined by whether you’ve ever had your home repossessed, the people you’re financially linked to and how you’ve managed existing bank accounts and credit commitments. Credit providers will check your credit reference file when determining whether to lend you money.

The note from a debt relief order (DRO) will show up on your credit reference file for six years after the date it was issued and it can make getting credit harder in the future as it suggests that you may struggle with repayments.

You may also find it hard to open up bank accounts during and after the six-year period.

You’re not allowed to get credit of £500 or more without telling the lender that you have had a DRO and if you need a new home while you’ve got a DRO, you could find that your options are limited.

Many private landlords and letting agencies will insist on credit checks when you apply for a tenancy, and because the DRO will show up on your credit report, you may be turned down or charged higher fees.

If you’re not comfortable with how a DRO can affect your credit rating, you might want to think about a different debt solution. The Bath & North East Somerset branch of Citizens Advice has a specialist debt team that is FCA accredited and is able to give you free, confidential and impartial advice and support. To get an appointment freephone our Adviceline Monday to Friday from 9.30am-2.30pm on 08082787897.