Discrimination at Work
Quick Summary
Under the Equality Act 2010, it is unlawful for your employer to discriminate against you because of age, disability, gender reassignment, marriage, pregnancy, race, religion, sex, or sexual orientation. Discrimination claims have no cap on compensation, and you have three months minus one day from the discriminatory act to start the process.
What Counts as Workplace Discrimination?
The Equality Act 2010 protects you from discrimination based on nine "protected characteristics": age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Discrimination can take several forms, and understanding which applies to your situation is important for building a case.
Direct discrimination is when you are treated less favourably than someone else specifically because of a protected characteristic. For example, being passed over for promotion because of your race, or being paid less because of your sex. The comparator does not need to be a real person — you can compare yourself to how a hypothetical person without your protected characteristic would be treated.
Indirect discrimination is when a workplace policy or practice applies to everyone equally but puts people with a particular protected characteristic at a disadvantage. For example, requiring all employees to work full-time may indirectly discriminate against women who are more likely to have childcare responsibilities. Indirect discrimination can be justified if the employer can show the policy 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 your dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. This includes offensive jokes, comments, physical behaviour, and displaying offensive material. Victimisation is when you are treated badly because you have made or supported a discrimination complaint.
Workplace Bullying vs Discrimination
Workplace bullying and discrimination overlap but are not the same thing legally. Bullying is behaviour that is intimidating, offensive, or humiliating. It might include excessive criticism, unreasonable workloads, social exclusion, or shouting. If the bullying is related to a protected characteristic, it becomes harassment under the Equality Act 2010 and you have strong legal remedies.
If bullying is not connected to a protected characteristic, your legal options are more limited, but you are not without recourse. Your employer has a duty of care to provide a safe working environment, and persistent bullying that affects your health can amount to a breach of the implied term of trust and confidence in your employment contract. This could support a claim for constructive dismissal if you resign because of it.
You should raise a formal grievance with your employer as a first step. Your employer is legally required to have a grievance procedure, and many bullying situations are resolved through this process. Keep detailed records of every incident, including dates, times, what was said or done, who was present, and any witnesses. Save any emails, messages, or other written evidence. This contemporaneous record is far more persuasive than trying to recall events months later.
If your employer fails to address the bullying through the grievance process, you should seek legal advice. An employment solicitor can assess whether you have a claim for harassment, constructive dismissal, or breach of contract, and advise on the best strategy.
How to Bring a Discrimination Claim
The time limit for bringing a discrimination claim is three months minus one day from the date of the discriminatory act. If the discrimination is ongoing (a "continuing act"), the time runs from the last incident. This is a strict deadline, and you must contact ACAS to start early conciliation within this period.
Before going to tribunal, you should raise a formal grievance with your employer. While this is not legally required for a discrimination claim (unlike some other types of claim), it gives your employer a chance to investigate and put things right. It also demonstrates that you tried to resolve the matter internally, which the tribunal will look on favourably.
Contact ACAS for early conciliation before the three-month deadline. ACAS will attempt to help you and your employer reach a settlement without a tribunal hearing. If conciliation fails, ACAS will issue a certificate that allows you to file a tribunal claim. You then have at least one month to submit your ET1 form.
At tribunal, you need to show facts from which the tribunal could conclude that discrimination has occurred. The burden then shifts to your employer to prove that their treatment was not discriminatory. This is known as the "reverse burden of proof" and is a significant advantage for claimants in discrimination cases. You do not need two years' service to bring a discrimination claim — you are protected from day one of your employment, and even during the recruitment process.
Compensation for Discrimination
Unlike unfair dismissal claims, there is no statutory cap on compensation for discrimination. The tribunal can award compensation under several headings, which can add up to substantial sums in serious cases.
Injury to feelings awards are made in almost every successful discrimination case. These follow the "Vento bands": a lower band of £1,100 to £11,200 for less serious cases (such as a one-off act or an isolated incident), a middle band of £11,200 to £33,700 for serious cases that do not merit the highest award, and an upper band of £33,700 to £56,200 for the most serious cases involving a lengthy campaign of discriminatory behaviour. Exceptional cases can exceed the upper band.
Financial losses include past and future loss of earnings, loss of pension contributions, and other financial consequences of the discrimination. If you have been dismissed, this can include the time it takes you to find alternative employment. If the discrimination has caused you to suffer psychiatric injury (such as depression, anxiety, or PTSD), you may also receive compensation for personal injury, which is assessed using the Judicial College guidelines.
The tribunal can also make recommendations requiring your employer to take specific steps, such as providing training, reviewing policies, or making reasonable adjustments. While these do not have a direct financial value, they can be important for improving the workplace for others.
Reasonable Adjustments for Disability
If you have a disability as defined by the Equality Act 2010 (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), your employer has a legal duty to make reasonable adjustments. "Long-term" means the impairment has lasted or is likely to last at least 12 months. Conditions such as cancer, HIV, and multiple sclerosis are automatically treated as disabilities.
Reasonable adjustments can include changes to your working hours or patterns, providing specialist equipment or software, modifying your workplace (such as installing ramps or adjusting lighting), allowing time off for medical appointments, reallocating certain tasks, or providing a support worker. What is "reasonable" depends on the size and resources of the employer, the cost of the adjustment, and how practical it is.
Your employer's duty to make adjustments arises when they know, or ought reasonably to know, that you have a disability. You do not need to use the word "disability" — telling your employer about your condition and how it affects you is usually sufficient. If your employer refuses to make adjustments without good reason, this is a form of disability discrimination and you can bring a claim at the employment tribunal.
If you are unsure whether your condition qualifies as a disability under the Act, seek legal advice. The definition is broad and covers many conditions that people do not typically think of as disabilities, including diabetes, epilepsy, depression, anxiety disorders, dyslexia, and chronic fatigue syndrome.
Your Next Steps
If you believe you are being discriminated against at work, act quickly. The three-month time limit is strict, and gathering evidence early is essential. Start keeping a detailed diary of every incident, noting dates, times, what happened, who was involved, and any witnesses. Save copies of relevant emails, messages, and documents.
Raise a formal grievance with your employer in writing. Set out the facts clearly and state that you believe the treatment amounts to discrimination under the Equality Act 2010, identifying the protected characteristic. Your employer should investigate and respond within a reasonable time, usually within 28 days. If the grievance is not resolved to your satisfaction, you have the right to appeal.
Seek legal advice as early as possible. Many employment solicitors offer a free initial consultation for discrimination cases. Some offer "no win, no fee" arrangements for strong claims, given that discrimination awards are uncapped. Your trade union can also provide legal representation if you are a member.
Contact ACAS before the three-month deadline, even if the grievance process is still ongoing. Starting ACAS early conciliation pauses the clock on your time limit, giving you more time to explore settlement options. Do not assume your employer will resolve the issue — protect your legal position by starting the ACAS process in good time.
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Disclaimer: This page provides general information about the law in England and Wales. It is not legal advice and should not be treated as such. Every situation is different, and you should consult a qualified solicitor for advice specific to your circumstances.