Workplace Discrimination: Know Your Rights Under the Equality Act 2010

Nearly half of UK adults have experienced some form of workplace discrimination. In 2023/24, discrimination claims reached record levels, with the highest single award reaching £995,128.

If you've been treated unfairly at work because of who you are, you have strong legal protections under the Equality Act 2010. This guide explains your rights, what constitutes discrimination, and how to take action.

The Nine Protected Characteristics

The Equality Act 2010 protects you from discrimination based on nine characteristics:

1. Age

Protection from unfair treatment because of your age (young or old)

Examples:

• "You're too old to learn new technology"
• Refusing training to older workers
• Making younger staff redundant to keep cheaper experienced workers
• Age-related comments or "jokes"

2. Disability

Protection if you have 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

Examples:

• Refusing reasonable adjustments
• Dismissal due to disability-related sickness
• Harassment about your condition
• Treating you unfavorably because of something arising from your disability

Note: You don't need a formal diagnosis - conditions like depression, anxiety, chronic pain, and ongoing illnesses can qualify.

3. Gender Reassignment

Protection if you're undergoing, have undergone, or are proposing to undergo gender reassignment

Examples:

• Refusing time off for treatment
• Harassment or inappropriate questions
• Refusing to use your preferred name or pronouns
• Less favourable treatment during or after transition

4. Marriage and Civil Partnership

Protection from discrimination because you're married or in a civil partnership

Examples:

• Refusing promotion to married staff
• Assuming married women will have children and treating them differently
• Different benefits for married versus unmarried partners

5. Pregnancy and Maternity

Protection during pregnancy and 26 weeks after giving birth (plus additional protection for breastfeeding)

Examples:

• Dismissal or selection for redundancy during pregnancy
• Refusing promotion due to pregnancy
• Treating you less favorably because of pregnancy-related sickness
• Denying flexible working on return from maternity leave

6. Race

Protection from discrimination based on color, nationality, ethnic or national origins

Examples:

• Racial slurs or "jokes"
• Different treatment in recruitment, promotion, or development
• Excluding people from certain nationalities
• Treating people differently because of accents or names

7. Religion or Belief

Protection from discrimination based on religious or philosophical belief (or lack thereof)

Examples:

• Refusing time off for religious observance without good reason
• Harassment about religious dress or practices
• Discriminating against atheists or those without religious belief
• Forcing participation in religious activities

8. Sex

Protection from discrimination because you're male or female

Examples:

• Paying women less than men for equal work
• Refusing promotion because you're female
• Sexual harassment or unwanted conduct of a sexual nature
• Gender stereotyping ("women aren't tough enough for this role")

9. Sexual Orientation

Protection from discrimination based on being heterosexual, gay, lesbian, or bisexual

Examples:

• Homophobic comments or "jokes"
• Excluding same-sex partners from benefits
• Treating people differently after they come out
• Creating a hostile environment based on sexual orientation

The Four Types of Discrimination

1. Direct Discrimination

Treating someone less favorably because of a protected characteristic.

Test: Would the person have been treated differently if they didn't have that characteristic?

Example: Not shortlisting candidates with "foreign-sounding" names is direct race discrimination.

Note: Direct discrimination is rarely justified (except in very limited circumstances like age discrimination for legitimate business needs).

2. Indirect Discrimination

Applying a rule or policy that disadvantages people with a protected characteristic.

Test: Does the policy put people with a particular characteristic at a disadvantage compared to others?

Example: Requiring all staff to work full-time may indirectly discriminate against women (who are more likely to have childcare responsibilities).

Defence: Employer can justify it if they can show it's a proportionate means of achieving a legitimate aim.

3. Harassment

Unwanted conduct related to a protected characteristic that violates dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.

Test: Did the conduct have the purpose or effect of violating dignity?

Examples:

• Racist jokes or comments
• Unwanted touching or sexual advances
• Displaying offensive images
• Intrusive questions about disability or religion

Important: Even if the harasser didn't mean offense, if it reasonably had that effect, it's harassment.

4. Victimisation

Treating someone badly because they've complained about discrimination or supported someone else's complaint.

Test: Was the person subjected to a detriment because they did a "protected act"?

Protected acts include:

• Bringing discrimination proceedings
• Giving evidence in discrimination case
• Making allegation of discrimination
• Doing anything in connection with the Equality Act

Example: Passing someone over for promotion because they gave evidence in a colleague's discrimination case is victimisation.

Disability Discrimination: Special Rules

Disability discrimination has additional protections:

Reasonable Adjustments

Employers must make reasonable adjustments to remove disadvantages caused by disability.

Examples of reasonable adjustments:

• Modified equipment or workspace
• Flexible working hours or location
• Additional breaks or reduced hours
• Phased return to work
• Reallocation of some duties
• Providing information in accessible formats

What's "reasonable"? Tribunals consider:

• Effectiveness of the adjustment
• Practicality of making it
• Cost and resources available
• Size of the organization

Case law: Failure to make reasonable adjustments is automatic discrimination - the employer can't justify it if the adjustment was reasonable.

Discrimination Arising from Disability

Less favourable treatment because of something arising from your disability (not the disability itself).

Example: Dismissing someone for high sickness absence where that absence results from their disability.

Defence: The employer can justify it if they can show it was a proportionate means of achieving a legitimate aim AND they didn't know (and couldn't reasonably have known) about the disability.

Equal Pay: A Specific Form of Sex Discrimination

The Equality Act gives you the right to equal pay for:

• Like work - Substantially the same job
• Work rated as equivalent - Job evaluation study rating jobs as equal
• Work of equal value - Different work but equal in terms of demands (effort, skill, decision-making)

Example: If a male "warehouse operative" and female "store assistant" do work of equal value, they should receive equal pay.

How to compare:

1. Find a comparator of the opposite sex doing like work, rated equivalent work, or work of equal value
2. Compare pay and contractual terms
3. If there's a difference, employer must show a genuine material factor that's not sex-related

Time limit: Equal pay claims can go back up to 6 years (in some cases), but you must be in the same employment or within 6 months of leaving.

Proving Discrimination

Discrimination cases use the burden of proof test:

Stage 1: Your burden
You must prove facts that could suggest discrimination occurred.

Examples:

• You were qualified for promotion but less qualified male colleague got it
• You were dismissed shortly after disclosing your disability
• You were paid less than male colleagues doing similar work

Stage 2: Employer's burden
If you establish a prima facie case, the burden shifts to your employer to prove discrimination didn't occur.

They must provide a non-discriminatory explanation for their actions.

Key evidence:

• Comparators (how others were treated)
• Statistics (patterns of treatment)
• Timing (proximity to protected act)
• Direct evidence (discriminatory comments)
• Weak explanations (suggesting cover-up)

Compensation for Discrimination

Unlike unfair dismissal, there's no upper limit on discrimination compensation.

Injury to Feelings (Vento Bands)

Compensation for distress, hurt feelings, and mental suffering:

Lower Band (£1,100-£11,200):
One-off or isolated incidents with minor impact

Middle Band (£11,200-£33,700):
Serious cases not meriting top band

Upper Band (£33,700-£50,000+):
Most serious cases with significant impact

Exceptional cases: Awards above £50,000 for particularly severe cases

Financial Losses

• Lost earnings (past and future)
• Loss of pension rights
• Cost of medical treatment
• Career damage and reduced earning capacity

Aggravated Damages

Additional compensation if employer behaved particularly badly (malice, spite, high-handed behavior)

Interest

Interest on compensation from date of discrimination to judgment

Recent high awards:

• £995,128 (sex discrimination, 2023/24)
• £67,000+ (disability discrimination cases)
• £45,000+ (age and race discrimination)

Time Limits: Critical Deadlines

You must start ACAS Early Conciliation:

• Within 3 months minus one day of the act of discrimination
• Extended to 6 months for claims presented from 1st July 2024

Continuing discrimination: If discrimination is ongoing, time runs from the last act.

Series of events: Tribunal can consider whether there's a "continuing act" of discrimination linking events together.

Important: Missing the deadline can mean losing your right to claim, though tribunals can extend time if it's "just and equitable" (but this is discretionary).

What to Do If You're Experiencing Discrimination

Step 1: Document Everything

• ✓ Note dates, times, what happened, who was involved
• ✓ Save emails, messages, and documents
• ✓ Identify witnesses
• ✓ Note your comparators (how others are treated differently)
• ✓ Record the impact on you (health, wellbeing, work)

Step 2: Raise It Informally (Optional)

• Speak to your manager or HR
• Explain the issue and how it's affecting you
• Request specific changes
• Keep notes of conversations

Step 3: Submit a Formal Grievance

• Put your complaint in writing
• Detail the discrimination with examples
• Reference the Equality Act and your protected characteristic
• Request investigation and resolution
• Keep a copy

Step 4: Attend Grievance Meetings

• Bring a companion (colleague or trade union rep)
• Present your evidence
• Request outcome in writing
• Note right to appeal

Step 5: Consider Your Options

• If grievance upheld: Monitor improvements
• If grievance rejected: Decide whether to appeal or pursue legal action
• Seek legal advice on merits of tribunal claim

Step 6: Start ACAS Early Conciliation

• Must be within time limits
• ACAS will offer free conciliation
• Doesn't prevent you claiming later
• Extends your deadline

How Unfair Dismissal UK Can Help

Discrimination claims are complex and emotionally challenging. We provide:

✓ Confidential case assessment - Expert evaluation of your claim
✓ Strategic grievance support - Help with internal processes
✓ Maximum compensation - No caps on discrimination awards
✓ Fixed-fee representation - Transparent pricing
✓ No win, no fee options - Available for strong cases over £10,000
✓ Sensitive, respectful support - We understand the personal impact

Recent client results:

• £67,000 for disability discrimination
• £45,000 for age discrimination
• £58,000 for pregnancy discrimination

Experiencing workplace discrimination?
You don't have to face this alone. Get expert legal advice and find out what your claim could be worth.

Calculate Your Compensation: Free Claim Calculator

Speak to an Expert:
📞 Call: 0330 043 3008
💬 WhatsApp: +44 7418 641 785
📧 Email: office@unfair-dismissal.uk

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