Atypical & Flexible Working
As a general rule employees, job applicants, ex-employees and "workers" (which includes employees, agency workers, casual workers and, in some cases, workers who are self-employed) are protected from discrimination in the following circumstances:
- In the arrangements for recruitment.
- In the terms of employment offered.
- By the employer refusing or deliberately failing to offer employment.
- In the opportunities the employer affords for promotion, transfer, training or any other benefit, facility or service.
- By the employer dismissing or subjecting the “worker” to any other detriment.
The Equality Act 2010 (EqA) also allows claims from so-called “deterred applicants” who have been put off applying for a job because of criteria that would be applied to them, which they consider to be discriminatory. So, in theory, such a claim could, for example, be based solely on the wording of a job advert.