Perceptive Discrimination refers to less favourable treatment based on a perception that an individual is a member of a relevant protected group. The relevant protected groups are Age, Disability, Gender Reassignment, Race, Religion or Belief, Sex and Sexual Orientation.
In the 2019 case of Chief Constable of Norfolk v Coffey, the Court of Appeal upheld a tribunal ruling that refusal to grant an employee a transfer because of a perception that problems with her hearing could develop into a disability amounted to perceived direct discrimination. This is the first time that the Court of Appeal has considered perceived disability in this context.
The Equality Act 2010 extends protection based on association and perception. It applies even if the person does not actually possess that characteristic. Employers should never make an assumption about an individual’s ability to fulfill the responsibilities of a role and a fair process must be followed in all cases. Where there is evidence of a medical issue, discuss it with the employee, consider reasonable adjustments and refer to Occupational Health for medical advice and assistance.
We can offer bespoke training on the Equality Act and how it applies to all employees to ensure that all staff are aware of their responsibilities, reducing the risk of a claim. Contact us on 01924 827869 to discuss the options ranging from full staff briefing sessions on bullying and harassment to wider management training and responsibilities.
