Discrimination at Work: Your Rights and How to Claim

The Equality Act 2010 protects workers from discrimination based on nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race (including colour, nationality, and ethnic or national origins), religion or belief, sex, and sexual orientation.

Protection applies to employees, workers, apprentices, and job applicants. It covers the entire employment relationship — from recruitment and selection through to terms and conditions, promotion, training, and dismissal. Former employees are also protected against victimisation related to their previous employment.

Disability discrimination has additional features: the employer has a duty to make reasonable adjustments for disabled employees, and there is protection against discrimination arising from disability (s.15 Equality Act 2010) — where the employer treats someone unfavourably because of something arising in consequence of their disability, without objective justification.

Direct discrimination (s.13 Equality Act 2010) occurs when someone is treated less favourably because of a protected characteristic than a comparable person without that characteristic would be treated. The comparison can be with an actual or hypothetical comparator. Direct discrimination cannot generally be justified (except for age discrimination, which can be justified if it is a proportionate means of achieving a legitimate aim).

Indirect discrimination (s.19 Equality Act 2010) occurs when an employer applies a provision, criterion, or practice (PCP) that applies to everyone equally but puts people sharing a particular protected characteristic at a particular disadvantage compared with others, and which cannot be objectively justified as a proportionate means of achieving a legitimate aim.

For example, a requirement to work full-time could constitute indirect sex discrimination if it disproportionately disadvantages women who are more likely to have childcare responsibilities, unless the employer can justify the requirement. Indirect discrimination claims require statistical or evidential proof of group disadvantage.

Harassment (s.26 Equality Act 2010) is unwanted conduct related to a protected characteristic that has the purpose or effect of violating someone's dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. The tribunal considers the perception of the claimant, the other circumstances of the case, and whether it is reasonable for the conduct to have that effect.

Sexual harassment is a specific form of harassment involving unwanted conduct of a sexual nature. There is also a prohibition on less favourable treatment because someone has rejected or submitted to sexual harassment. Employers are vicariously liable for harassment by their employees unless they can show they took all reasonable steps to prevent it.

Victimisation (s.27 Equality Act 2010) occurs when someone is subjected to a detriment because they have done a "protected act" — such as bringing a discrimination claim, giving evidence in someone else's claim, or raising a complaint of discrimination. Victimisation protects those who assert their rights under the Equality Act.

Discrimination claims benefit from a shifting burden of proof under s.136 of the Equality Act 2010. The claimant must first establish facts from which the tribunal could conclude, in the absence of any other explanation, that discrimination has occurred. This is sometimes called a "prima facie case."

If the claimant establishes such facts, the burden shifts to the employer to prove that the treatment was not because of the protected characteristic. If the employer fails to provide a satisfactory non-discriminatory explanation, the tribunal must find that discrimination has occurred.

In practice, the tribunal looks at all the evidence in the round. Relevant factors may include less favourable treatment compared with colleagues, discriminatory comments or behaviour, statistical evidence, failure to follow procedures, and the employer's explanation for its actions. The tribunal draws inferences from the primary facts — for example, a difference in treatment combined with a difference in protected characteristic and an inadequate explanation may be enough to shift the burden.

The time limit for bringing a discrimination claim is 3 months minus 1 day from the date of the act complained of. For a single act, this is straightforward. However, where the discrimination consists of a course of conduct or a continuing act, time runs from the last act in the series.

The concept of "continuing acts" is important. If you can show that the individual acts of discrimination form part of an ongoing state of affairs — such as a policy, practice, or pattern of behaviour — the time limit runs from the last act. Isolated incidents separated by long gaps are less likely to be treated as a continuing act.

Unlike most employment claims, the tribunal has a broader discretion to extend time limits for discrimination claims: it can allow a late claim if it considers it "just and equitable" to do so (s.123(1)(b) Equality Act 2010). The tribunal considers all circumstances, including the length of and reasons for the delay, the effect on the cogency of evidence, and any prejudice to the parties.

Unlike unfair dismissal, compensation for discrimination is uncapped. The tribunal can award compensation for financial loss (similar to unfair dismissal) plus an award for injury to feelings, known as a "Vento band" award after the case of Vento v Chief Constable of West Yorkshire Police [2002].

The Vento bands are updated annually by the Presidents of the Employment Tribunals. As of April 2025, the three bands are: lower band (£1,200–£11,700) for less serious cases such as one-off acts with limited impact; middle band (£11,700–£35,200) for serious cases that do not merit the highest award; and upper band (£35,200–£117,400) for the most serious cases involving prolonged campaigns of discrimination.

In exceptional cases, the tribunal can award above the upper band. The tribunal may also award aggravated damages where the employer has behaved in a high-handed, malicious, or oppressive manner. Interest is payable on discrimination awards from the date of the discriminatory act (for injury to feelings) or the midpoint of the loss period (for financial loss).