Discrimination Throughout Employment and Organisational Responsibilities

Discrimination law under the Equality Act 2010 does not begin when a contract is signed, and this video makes that scope explicit. Covering AC 3.3 of the 3CO04 unit, it addresses direct discrimination, indirect discrimination, harassment, and victimisation across all three phases of the employment lifecycle: before the employment relationship starts, during it, and after it has ended. The pre-employment phase receives particular attention, including the lawfulness of job advertisements, the use of gendered language, unnecessary qualification requirements, and the obligation to make reasonable adjustments for disabled candidates during recruitment and selection.

During the employment relationship, the video examines how discrimination legislation applies to terms and conditions of employment — including pay, benefits, and working hours — as well as access to promotion, transfer, and training opportunities. Disciplinary and performance management processes are also covered in relation to consistent and non-discriminatory application. The video identifies the breadth of day-to-day workplace conduct that falls within the scope of protection, from how individuals are spoken to through to inclusion in team activities, illustrating that discrimination legislation reaches well beyond formal HR decisions.

The post-employment phase forms a distinct section of the video, covering organisational responsibilities that persist after someone has left. This includes the lawfulness of references in relation to protected characteristics, the continuation of benefits such as pension payments, and the ongoing application of victimisation protection where a former employee has brought or supported a discrimination claim. The video also addresses what organisations can do structurally — through evidence-based recruitment and promotion processes, training for decision-makers, monitoring of employment outcomes by protected characteristic, and complaints mechanisms — to meet their responsibilities under discrimination legislation.