Discrimination

Under UK law, you are protected from discrimination and harassment in the workplace. These protections arise from the Equality Act 2010 and apply whether you are:

  • an employee
  • a worker (including agency or casual workers)
  • a job applicant

This page explains the types of discrimination the law protects you from, how to recognise unlawful treatment, and what you can do if you believe your rights have been breached.

What Is Discrimination?

Discrimination occurs when you are treated unfavourably or less favourably because of a protected characteristic, or when a rule, policy or practice places you at a disadvantage compared with others who do not share that characteristic.

The law protects you from discrimination in all aspects of employment, including recruitment, pay, training, promotion, terms and conditions, and dismissal.

Protected Characteristics

The Equality Act 2010 identifies the following protected characteristics:

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race (including colour, nationality, ethnic or national origin)
  • Religion or belief
  • Sex
  • Sexual orientation

It is unlawful for an employer to discriminate against you because of any of these characteristics.

Types of Unlawful Discrimination

Direct Discrimination

This is where you are treated less favourably because of a protected characteristic.
Example: Refusing to hire someone because of their religion.

Direct discrimination is unlawful regardless of intention.

Indirect Discrimination

This happens when your employer applies a policy, provision or practice that:

  • applies to everyone, but
  • puts people with a protected characteristic at a disadvantage
  • and is not objectively justified as a proportionate way to achieve a legitimate aim.

Example: A “must work full-time” requirement that disproportionately disadvantages women returning from maternity leave, without valid justification.

Harassment

Harassment is unwanted conduct related to a protected characteristic that has the purpose or effect of:

  • violating dignity, or
  • creating an intimidating, hostile, degrading, humiliating or offensive environment.

Example: Persistent jokes about someone’s disability or sexual orientation.

Victimisation

Victimisation occurs if you are subjected to a detriment because you have:

  • made a discrimination complaint
  • supported someone else’s complaint
  • given evidence in connection with a discrimination issue

Disability and Reasonable Adjustments

If you are disabled, your employer has a duty to make reasonable adjustments to remove substantial disadvantage you may experience at work due to your disability.

Examples of reasonable adjustments may include:

  • modifying working hours
  • providing specialist equipment
  • altering how duties are allocated

Employers must consider adjustments proactively rather than waiting for you to raise them.

Pregnancy and Maternity Protection

Employees are protected from discrimination related to:

  • pregnancy
  • maternity leave
  • breastfeeding arrangements

It is unlawful to treat you unfavourably because of pregnancy or maternity, including in relation to redundancy or dismissal decisions unless objectively justified.

How Discrimination Can Arise at Work

Discrimination can occur in many aspects of employment, including:

  • recruitment and selection
  • pay and benefits
  • training and promotion opportunities
  • disciplinary and grievance procedures
  • termination of employment
  • terms and conditions

If you believe you have been discriminated against in any of these areas, you may have grounds for a claim.

What Can You Do If You Are Discriminated Against?

1. Raise the Issue Internally

You should normally raise your concerns through your employer’s grievance procedure in the first instance. This gives your employer the opportunity to address the issue.

2. Gather Evidence

Keep records of:

  • meetings
  • emails or text messages
  • witness statements
  • relevant documents

This will support any claim you may need to bring.

3. Seek Advice

Early legal advice can help clarify whether you have a claim, what losses you may recover, and how best to proceed.

Employment Tribunal Claims

If you are unable to resolve the matter internally, you may have a right to bring a claim to the Employment Tribunal. Before issuing a tribunal claim, you must:

  • notify ACAS Early Conciliation, and
  • issue your claim within the relevant statutory deadline (usually three months less one day from the act complained of).

The tribunal can award compensation for:

  • financial loss (e.g., lost earnings)
  • injury to feelings
  • aggravated damages in some cases

There is no cap on awards for some discrimination claims.

How We Can Help

Discrimination claims can be complex and fact-sensitive. We can assist you with:

  • reviewing whether discrimination has occurred
  • advising on evidence and prospects of success
  • preparing and submitting tribunal claims
  • representing you at hearings
  • negotiating settlements

We provide clear, practical advice tailored to your circumstances.

Frequently Asked Questions

What is considered discrimination at work in the UK?

Discrimination includes direct treatment less favourably because of a protected characteristic or indirectly through disadvantageous policies.

Can I make a discrimination claim with less than 2 years’ service?

Yes. There is no qualifying period for most discrimination claims under UK law.

What compensation can I get for discrimination?

Tribunals can award compensation for financial loss and injury to feelings. Some discrimination awards are uncapped.