Nationality discrimination

Nationality is a subset of race and as such is a protected characteristic

Types of discrimination

There is a wide variety of discrimination and if you wish to submit a claim to the Employment Tribunal, you must specify which one applies to your case:

• Direct discrimination (also by association)
• Indirect discrimination
• Harassment
• Victimisation

Direct nationality discrimination

This happens if a person (or for example the employer in general terms, or a manager etc) treats you worse than another person because of your nationality, or because of nationality of a person closely associated with you, such as partner or child.

Indirect nationality discrimination

This covers situations where all workers are treated the same, but some aspect of this treatment affects one group worse because of their nationality.

Defence to indirect nationality discrimination

If the person discriminating you can show that the provision/decision/practice is proportionate to achieve a real aim, he has a potential defence.

For example:

An employer decided that all his workers must speak Italian. This would put non-Italian speakers in a worse position. However, if this employer only deals with Italian translations, he can possibly show that the requirement of speaking Italian is essential to do the job.

Harassment

This takes place where somebody subjects you to conduct which:

• you do not want,
• it is related to your nationality,
• it has the purpose or effect of violating your dignity, or
• it has the purpose or effect of creating a hostile or humiliating environment for you.

Victimisation

This is a tricky one. If you assert your rights in connection with discrimination or harassment (in court of unofficially,) or if somebody agrees to help you in such case for example by giving evidence as a witness, and you or this person is treated badly as a result – this is victimisation.

For example:

Liz submitted an official grievance at work against Anna, her manager, for nationality discrimination. Tony agreed to act as Liz’s witness in the proceedings and as a result Anna sent him home without pay. Tony has been victimised.

Protection

The law not only protects existing workers, but also covers job advertisements, recruitment process as well as after employment.

Time limit

Remember, that you only have 3 months minus 1 day from the last act of discrimination to commence the legal process against the discriminator.