Workplace Discrimination in the UK: Know Your Rights

The Equality Act 2010 is the primary legislation protecting people from discrimination in the workplace (and in wider society). It consolidated and replaced previous separate laws covering different forms of discrimination into a single, comprehensive framework.

The Act makes it unlawful for an employer to discriminate against an employee or job applicant because of a "protected characteristic." This protection applies throughout the employment relationship — from the application process, through employment, and even after the employment has ended (for example, providing a discriminatory reference).

The Act also imposes a duty on employers to make reasonable adjustments for disabled employees, and allows for positive action in limited circumstances (though not positive discrimination, which remains unlawful).

The Equality Act 2010 protects the following characteristics:

• Age: Protection against discrimination because of your age, whether you are young or old. This includes direct age discrimination, although employers can justify it if they can show it is a proportionate means of achieving a legitimate aim.
• Disability: A physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. Long-term means it has lasted, or is likely to last, at least 12 months. Conditions like cancer, HIV, and multiple sclerosis are automatically treated as disabilities.
• Gender reassignment: Protection for anyone who is proposing to undergo, is undergoing, or has undergone gender reassignment. You do not need to be under medical supervision or have had surgery.
• Marriage and civil partnership: Protection against discrimination because you are married or in a civil partnership. Single people are not protected under this characteristic.
• Pregnancy and maternity: Protection against unfavourable treatment because of pregnancy, pregnancy-related illness, or maternity leave.
• Race: Includes colour, nationality, ethnic origins, and national origins.
• Religion or belief: Includes any religion, religious belief, or philosophical belief (such as humanism). Lack of religion or belief is also protected.
• Sex: Being male or female.
• Sexual orientation: Whether you are attracted to people of the same sex, the opposite sex, or both.

The Equality Act recognises several distinct forms of discrimination:

Direct discrimination is treating someone less favourably because of a protected characteristic. For example, not promoting someone because of their race, or dismissing someone because they are pregnant. The comparison is with how someone without that characteristic would be treated in the same circumstances.

Indirect discrimination occurs when an employer applies a policy, criterion, or practice that applies to everyone equally but disproportionately disadvantages people with a particular protected characteristic. For example, requiring all employees to work full-time could indirectly discriminate against women, who are statistically more likely to have childcare responsibilities. Indirect discrimination can be justified if the employer shows it is a proportionate means of achieving a legitimate aim.

Harassment is unwanted conduct related to a protected characteristic that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. This can include verbal abuse, "jokes," exclusion, physical intimidation, or displaying offensive material.

Victimisation is subjecting someone to a detriment because they have brought discrimination proceedings, given evidence in someone else's proceedings, or made allegations of discrimination (a "protected act"). This protection exists to ensure people can assert their rights without fear of retaliation.

• Age: Overlooking an older employee for a technology role based on assumptions about their ability to learn new systems, rather than assessing their actual skills.
• Disability: Failing to consider reasonable adjustments such as flexible working, modified equipment, or a phased return to work for an employee with a long-term health condition.
• Pregnancy: Making a pregnant employee redundant shortly after she announced her pregnancy, particularly if others in similar roles were retained.
• Race: Persistently mispronouncing an employee's name despite being corrected, making assumptions about work ethic based on nationality, or tolerating racial "banter" in the workplace.
• Religion: Refusing to allow flexible working to accommodate religious observance (such as Friday prayers) without considering whether a reasonable accommodation is possible.
• Sex: Paying a woman less than a man for the same work, or creating a work environment where sexist comments are tolerated.
• Sexual orientation: Excluding an employee from social events or work opportunities because of their sexual orientation, or tolerating homophobic remarks.

Two features make discrimination claims distinct from ordinary unfair dismissal claims:

No qualifying period: You can bring a discrimination claim from your very first day of employment — indeed, you can claim even before employment starts if you were discriminated against during the recruitment process. There is no requirement for 2 years' continuous service.

No compensation cap: Unlike unfair dismissal, where the compensatory award is capped (currently at the lower of 52 weeks' pay or £115,115), discrimination compensation is uncapped. The tribunal awards whatever it considers just and equitable in the circumstances, including:

• Financial losses (past and future earnings, lost pension contributions, lost benefits)
• Injury to feelings (awarded in three bands known as "Vento bands": lower band £1,100–£11,200, middle band £11,200–£33,700, upper band £33,700–£56,200, with exceptional cases above the upper band)
• Aggravated damages (where the employer's conduct has been particularly egregious)
• Interest on the award

This means that discrimination claims can result in significantly higher compensation than unfair dismissal claims alone, which is one reason why claimants often include a discrimination element where the facts support it.

If you believe you are being discriminated against at work, consider taking these steps:

• Raise the issue informally: If appropriate, talk to your manager or HR. Sometimes discrimination results from ignorance rather than malice, and an informal conversation can resolve the issue.
• Submit a formal grievance: If the informal approach does not work, or if the discrimination is serious, submit a written grievance through your employer's grievance procedure. Be specific about what happened, when, and how it relates to a protected characteristic.
• Keep records: Document every incident with dates, times, locations, witnesses, and details. Keep copies of relevant emails, messages, and any written complaints you make.
• Seek external advice: Contact organisations such as ACAS, Citizens Advice, the Equality Advisory Support Service (EASS), or a solicitor specialising in discrimination law.

The time limit for bringing a discrimination claim to an Employment Tribunal is 3 months less 1 day from the date of the discriminatory act (or the last act in a continuing course of conduct). As with unfair dismissal, you must first go through ACAS early conciliation, which pauses the clock.

If the discrimination was not a one-off event but a pattern of behaviour (a "continuing act"), the time limit runs from the last incident. However, you should not rely on this — tribunals can disagree about whether events form a continuing act, so it is always safer to act promptly.

Tribunals have discretion to extend time limits where they consider it "just and equitable" to do so. This is a broader discretion than in unfair dismissal cases, but it is never guaranteed. The safest course is to begin the process as soon as possible.

The claim process follows the same route as unfair dismissal: ACAS early conciliation, then an ET1 form. You can bring discrimination claims alongside other claims (such as unfair dismissal or breach of contract) in the same proceedings.

This guide provides general legal information about UK law and is not legal advice. Laws and regulations change, and individual circumstances vary significantly. For advice specific to your situation, you should consult a qualified solicitor.

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