Discrimination
Workplace discrimination is unlawful and can expose employers to employment tribunal claims and significant legal risk. Employers must understand the different forms of discrimination, how to prevent discriminatory treatment, and how to respond effectively to complaints.
Under UK law, it is unlawful to treat someone less favourably because of a protected characteristic, or to apply policies that disadvantage people with a protected characteristic unless it can be objectively justified.
Employment tribunals will examine whether:
- treatment was unfair, and
- a causal link exists between treatment and a protected characteristic.
Discrimination can occur in all aspects of employment, including recruitment, promotion, pay, training, dismissal and workplace policies.
Protected Characteristics
The Equality Act 2010 (EqA 2010) identifies the following protected characteristics:
- Age
- Sex
- Race
- Religion or belief
- Disability
- Pregnancy and maternity
- Marriage and civil partnership
- Sexual orientation
- Gender reassignment
Employers must not discriminate against anyone because of any of these characteristics.
Types of Unlawful Discrimination
Direct Discrimination
This occurs where an employee is treated less favourably than others because of a protected characteristic.
Examples:
- rejecting a job applicant because of their age
- refusing reasonable adjustments for a disabled employee without justification
Direct discrimination claims do not require evidence of intention, the focus is on the effect of the treatment.
Indirect Discrimination
Occurs where a provision, criterion or practice disadvantages people with a protected characteristic and is not justified as a proportionate means of achieving a legitimate aim.
Example:
- a requirement that all staff work full-time, which disproportionately affects women returning from maternity leave, without considering alternative arrangements
To defend indirect discrimination, employers must show the measure is objectively justified.
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.
Examples:
- unwanted jokes about a protected group
- derogatory comments or slurs
- offensive material in the workplace
Employers may be held vicariously liable for harassment by staff unless they can show reasonable steps were taken to prevent it.
Victimisation
Victimisation occurs when someone is treated badly because they have:
- made a discrimination complaint
- supported someone else’s complaint
- given evidence in relation to a complaint
Employers should protect workers from victimisation during and after grievances or tribunal processes.
Employer Responsibilities
Preventing Discrimination
Employers should:
- maintain and communicate a robust equality and diversity policy
- provide training for managers and staff
- ensure recruitment and promotion processes are fair and evidence-based
- monitor workplace diversity and address disparities
A culture of respect and inclusion reduces legal risk and improves morale.
Responding to Complaints
When an employee raises a discrimination concern:
- Acknowledge the complaint promptly
- Investigate thoroughly and impartially
- Offer opportunities for the employee to be accompanied
- Document all steps taken and outcomes
- Provide clear written explanations
Failing to investigate complaints properly can lead to additional claims, including constructive dismissal.
Reasonable Adjustments
Employers have a specific duty to make reasonable adjustments for disabled employees where employment provisions, practices or physical features put them at a disadvantage.
Adjustments can include:
- altered work patterns
- specialised equipment
- changes to duties or physical workspace
Failure to make reasonable adjustments can result in discrimination claims.
Legal Consequences of Discrimination
If discrimination occurs, employees may bring claims to the Employment Tribunal, seeking:
- compensation for financial loss
- injury to feelings awards
- injunctions or reinstatement in rare cases
There is no cap on awards in some discrimination cases, and the tribunal will consider factors including harm, loss of earnings and impact on dignity.
How We Help Employers
Employment discrimination law is complex and fact-sensitive. Early advice can help employers:
- review and update policies for legal compliance
- handle discrimination complaints appropriately
- defend discrimination claims in the Employment Tribunal
- train managers to reduce future risk
Our solicitors regularly advise employers on all aspects of discrimination law and practical risk prevention.
