Discrimination at Work

What Is Discrimination at Work?

Discrimination at work occurs when you’re treated unfairly because of a protected characteristic. Under the Equality Act 2010, it’s unlawful to discriminate against someone in recruitment, during employment, or on dismissal.

Recent research shows just how widespread discrimination remains in UK workplaces. A 2025 survey by HR software provider Ciphr found that 45% of UK adults have experienced some form of discrimination, either at work (38%) or when applying for jobs (39%). The problem is even more acute for ethnic minorities, with 76% of Black, Black British, Caribbean or African respondents and 65% of Asian or Asian British respondents reporting discriminatory experiences.

Workplace discrimination isn’t limited to current employees. The law protects job applicants, current and former employees, workers (including agency staff), partners, office holders, trainees, and apprentices.

Protected Characteristics Under the Equality Act 2010

The Equality Act 2010 protects you from discrimination relating to nine protected characteristics:

• Age: Protection for all age groups, including younger and older workers
• Disability: Covering physical or mental impairments with substantial, long-term effects
• Gender reassignment: Protection for those proposing to, undergoing, or who have undergone gender reassignment
• Marriage and civil partnership: Protection for those who are married or in a civil partnership
• Pregnancy and maternity: Protection during pregnancy and maternity leave
• Race: Including colour, nationality, and ethnic or national origins
• Religion or belief: Protection for religious and philosophical beliefs, including lack of belief
• Sex: Protection for both men and women
• Sexual orientation: Protection for lesbian, gay, bisexual, and heterosexual people

Each characteristic has specific rules and exceptions, which we cover in detail on the individual characteristic pages linked above.

The Four Types of Discrimination

The Equality Act 2010 defines four main types of unlawful discrimination. Understanding which type applies to your situation is crucial for building a successful claim.

Direct Discrimination (Section 13)

Direct discrimination happens when someone treats you less favourably than they treat (or would treat) others because of a protected characteristic. This is covered by section 13 of the Equality Act 2010.

To succeed with a direct discrimination claim, you need to show you were treated less favourably than a comparator. This can be a real person (someone in a similar situation who was treated better) or a hypothetical comparator (how the employer would have treated someone without your protected characteristic).

Example: If you’re dismissed because of your race while a colleague of a different race with similar performance issues receives only a warning, you have a direct race discrimination claim. The colleague is your comparator, showing you were treated less favourably.

Direct discrimination includes two important extensions:

Discrimination by perception: You can be discriminated against because your employer wrongly believes you have a protected characteristic, even if you don’t. For instance, if you’re dismissed because your employer mistakenly believes you’re Muslim, you can bring a religious discrimination claim even though you don’t share that religion.

Discrimination by association: You can be directly discriminated against because of someone else’s protected characteristic. If you’re dismissed because you care for a disabled child, that’s direct disability discrimination, even though you’re not disabled yourself.

“Direct discrimination cases often hinge on finding the right comparator. In my experience, the strongest cases are where you can point to a real person in a similar situation who was treated differently. If that person differs from you only in the protected characteristic, you’ve got compelling evidence of discrimination.”

Tom Street Principal Solicitor, Tom Street & Co.

Indirect Discrimination (Section 19)

Indirect discrimination is more subtle. It occurs when your employer applies a provision, criterion or practice (PCP) that appears neutral but puts people with a particular protected characteristic at a disadvantage. This is governed by section 19 of the Equality Act 2010.

A PCP can be anything from a written policy to an informal practice or rule. What matters is whether it disadvantages people who share a protected characteristic.

Example: Your employer decides all part-time roles must become full-time. This is a PCP. Statistically, most part-time workers are women with childcare responsibilities. If you’re a woman who can’t work full-time due to childcare and you’re forced out of your job, this is potentially indirect sex discrimination.

Another example: Your employer introduces a strict attendance policy: any employee with more than 10 days’ sickness absence per year will be dismissed. You’re 58 years old and have slightly more health issues than younger colleagues. You exceed the limit and are dismissed. Because older workers statistically have more sickness absence, this policy potentially discriminates on grounds of age.

Unlike direct discrimination, indirect discrimination can be justified. If your employer can prove the PCP was a “proportionate means of achieving a legitimate aim,” the discrimination is lawful. This means they must show:

• The aim is legitimate (a real business need, not just convenience)
• The means are proportionate (the policy is necessary and there’s no less discriminatory alternative)

Section 19A: Indirect Associative Discrimination (From 1 January 2024)

A significant change came into force on 1 January 2024. Section 19A of the Equality Act 2010 now allows you to bring an indirect discrimination claim even if you don’t share the protected characteristic of the disadvantaged group, as long as you suffer the same disadvantage.

This particularly helps carers. If you’re a male primary carer affected by a policy that predominantly disadvantages mothers (who statistically do most childcare), you can now bring a claim even though you don’t share the characteristic (sex) of the mainly disadvantaged group.

Example from case law: In British Airways plc v Rollett [2024] EAT 131, cabin crew scheduling changes disadvantaged those living abroad (predominantly non-British nationals) and those with caring responsibilities (predominantly women). British national male cabin crew with caring responsibilities could bring claims even though they didn’t share the protected characteristics (nationality or sex) of the mainly disadvantaged groups, because they suffered the same disadvantage.

Harassment (Section 26)

Harassment occurs when someone engages in unwanted conduct related to a protected characteristic that violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for you. This is covered by section 26 of the Equality Act 2010.

The law recognises three types of harassment:

1. Harassment related to a protected characteristic: Unwanted conduct related to age, disability, gender reassignment, race, religion or belief, sex, or sexual orientation
2. Sexual harassment: Unwanted conduct of a sexual nature
3. Less favourable treatment for rejecting or submitting to sexual harassment: Being treated badly because you rejected unwanted sexual conduct or because you submitted to it

Example: A colleague repeatedly makes derogatory comments about your ethnic background. Even if the comments seem minor in isolation, if they create a hostile environment for you, that’s racial harassment.

Sexual harassment example: Your manager forwards you sexually explicit emails or displays pornographic material on their computer in your presence. If this makes you feel degraded or uncomfortable, it’s sexual harassment.

Important points about harassment:

• A single incident can be enough. There’s no requirement for repeated behaviour, though patterns of conduct will strengthen your case
• You don’t need to have the protected characteristic yourself. If you overhear homophobic comments about a colleague and find them offensive, you can bring a claim for harassment related to sexual orientation
• Intent isn’t required. What matters is the effect on you, not whether the harasser meant to cause offence
• Your perception must be genuine and reasonable. You can’t pretend to be offended, and tribunals will consider whether your reaction was reasonable in all the circumstances

Victimisation (Section 27)

Victimisation means being treated badly because you complained about discrimination or supported someone else’s complaint. It’s covered by section 27 of the Equality Act 2010.

Protected acts include:

• Bringing a claim under the Equality Act 2010
• Giving evidence or information in connection with proceedings under the Act
• Doing anything else for the purposes of the Act
• Making an allegation that someone has breached the Act

If you do any of these things and your employer subjects you to a detriment as a result, that’s victimisation.

Example 1: You raise a grievance about religious harassment at work. Your employer is unhappy with your complaint and subsequently dismisses you. If the dismissal is linked to your grievance, it’s victimisation.

Example 2: You give evidence supporting a colleague’s age discrimination tribunal claim. Afterwards, your employer reduces your shifts, causing you financial hardship. This is victimisation because you’re being punished for doing a protected act.

Victimisation is a standalone claim. You don’t need to prove the original discrimination occurred. What matters is that you did a protected act and suffered a detriment because of it.

Who Is Liable for Discrimination?

The legal entity that employs you (the company, organisation or individual) is liable if they discriminate against you. But liability can extend further.

Vicarious Liability

Under section 109 of the Equality Act 2010, employers are vicariously liable for discriminatory acts done by their employees in the course of employment. This means if a colleague harasses you, the company is automatically liable, even if senior management had no knowledge of it.

Your employer can avoid liability only if they can prove they took “all reasonable steps” to prevent the discrimination. This is known as the statutory defence. Reasonable steps might include:

• Comprehensive equality and diversity training
• Clear anti-discrimination policies
• Effective complaint procedures
• Prompt action when issues are raised

In practice, this defence rarely succeeds. Most employers struggle to prove they did everything reasonably possible to prevent discrimination.

Personal Liability of Individual Employees

Under section 110 of the Equality Act 2010, individual employees can be held personally liable for their discriminatory acts. This means you can bring a claim against both your employer and the individual who discriminated against you.

Example: You’re harassed because of your transgender status. A colleague refuses to work with you and makes derogatory comments. You can bring claims against:

• Your employer (under vicarious liability)
• The colleague personally

If successful, the tribunal decides how to apportion compensation between them. Often, the employer pays the bulk of any award, but the individual harasser may be ordered to pay a portion.

How to Prove Discrimination

Discrimination claims are notoriously difficult to prove. Employers rarely leave obvious evidence of discriminatory intent. However, the law recognises these challenges and provides mechanisms to help you build your case.

Burden of Proof

The burden of proof works in stages:

1. Initial burden on you: You must prove facts from which the tribunal could conclude (in the absence of any other explanation) that discrimination occurred
2. Burden shifts to employer: Once you’ve established a prima facie case, your employer must prove they didn’t discriminate

This means you don’t need definitive proof. You need enough evidence to raise a reasonable inference of discrimination. The employer then has to disprove it.

Gathering Evidence

Strong evidence includes:

• Comparator evidence: How were others treated in similar situations?
• Statistical evidence: Patterns showing a protected group is disadvantaged
• Circumstantial evidence: Timing, inconsistent explanations, treatment changing after disclosure of protected characteristic
• Documents: Emails, policies, meeting notes, performance reviews
• Witness testimony: Colleagues who observed discriminatory behaviour

Asking Questions of Your Employer

While the formal discrimination questionnaire procedure was abolished in 2014, you can still ask your employer questions about the alleged discrimination. Acas guidance recommends putting questions in writing and asking for a written response.

If your employer refuses to answer or gives evasive responses, the tribunal can draw inferences that your employer has something to hide. This can strengthen your case significantly.

“Proving discrimination often comes down to inconsistencies in the employer’s account. When their explanation for dismissing you doesn’t stack up against how they treated similar employees, or when their story changes, that’s when tribunals start drawing inferences. Document everything and compare your treatment to others meticulously.”

Tom Street Principal Solicitor, Tom Street & Co.

Compensation for Discrimination Claims

One of the most significant features of discrimination law is that compensation is uncapped. Unlike unfair dismissal claims, there’s no statutory limit on what you can be awarded.

Injury to Feelings (Vento Bands)

You’re entitled to compensation for the hurt, humiliation and degradation caused by discrimination. These awards are calculated using the Vento bands, which are updated annually for inflation.

The tribunal has discretion to decide which band applies and where within that band your award should fall. Factors they consider include:

• The nature and extent of the discriminatory treatment
• The context and surrounding circumstances
• The effect on you (though medical evidence isn’t required)
• Whether the discrimination was an isolated incident or part of a pattern
• Your employer’s conduct, including whether they aggravated the injury

The 2025 Vento bands represent a larger increase than in previous years, reflecting higher than usual inflation measured by the Retail Prices Index (RPI).

Financial Losses

In addition to injury to feelings, you can claim for financial losses caused by the discrimination:

• Past loss of earnings: From the date of discrimination until the tribunal hearing
• Future loss of earnings: If discrimination affects your future employment prospects
• Loss of pension rights: The value of pension contributions you would have received
• Other financial losses: Out-of-pocket expenses, cost of job searching, relocating for new employment

You have a duty to mitigate your losses by looking for alternative work, but the tribunal will make reasonable allowances for the difficulties of finding new employment.

Interest on Awards

Under the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996, interest is payable on discrimination awards at 8% simple interest.

Interest runs from:

• For injury to feelings: The date of the discriminatory act until the calculation date
• For financial loss: The mid-point between the act and the calculation date (to account for losses accruing over time)

In long-running cases, interest can add substantially to your award.

Aggravated Damages

If your employer’s conduct was high-handed, malicious, insulting or oppressive, the tribunal can increase the injury to feelings award. This is designed to reflect the additional hurt caused by your employer’s behaviour beyond the discrimination itself.

Example: Your employer not only discriminates against you but also conducts a sham disciplinary process to try to justify the discrimination, making false allegations against you in the process. The tribunal might award aggravated damages to reflect this additional harm.

Time Limits for Discrimination Claims

Time limits for discrimination claims are strict. Under section 123 of the Equality Act 2010, you must start your claim within three months minus one day of the discriminatory act.

The time limit runs from:

• For direct discrimination: The date of the discriminatory act
• For indirect discrimination: The date you suffer the disadvantage
• For harassment: The date of the harassing conduct
• For victimisation: The date of the detrimental treatment

Continuing Acts

If discrimination takes place over a period (known as a continuing act), the three-month limit runs from the last act of discrimination. However, you need to show a genuine continuing state of affairs, not just a series of unconnected incidents.

Example: If you’re subjected to ongoing racial harassment over six months, you can argue this is a continuing act and bring a claim covering the entire period, as long as you start your claim within three months of the last harassing incident.

Early Conciliation

Before starting a tribunal claim, you must contact Acas for early conciliation. This is mandatory. When you notify Acas, the time limit clock stops ticking. It resumes when Acas issues your early conciliation certificate, but you get an extension to account for the time spent in early conciliation.

The early conciliation process typically adds at least a month to your time limit, sometimes more.

Just and Equitable Extension

If you’re out of time, the tribunal can extend the deadline if it’s “just and equitable” to do so. This gives tribunals wide discretion. They’ll consider factors including:

• The length and reasons for the delay
• Whether evidence has been lost due to the delay
• How quickly you acted once you knew your legal rights
• Whether you had expert advice

However, extensions are not guaranteed. Don’t rely on getting one. Act within the three-month deadline wherever possible.

What to Do If You’ve Been Discriminated Against

If you believe you’ve experienced discrimination, here are the steps you should take.

1. Raise a Grievance

Put your complaint in writing and submit a formal grievance following your employer’s grievance procedure. This serves several purposes:

• It gives your employer a chance to resolve the issue
• It creates a written record of your complaint
• It may extend your time limits if your employer delays the process unreasonably
• Tribunals expect you to use internal procedures where reasonable

Follow Acas guidance on raising grievances. Be specific about what happened, when, who was involved, and how it relates to your protected characteristic.

2. Contact Acas for Early Conciliation

Before you can bring a tribunal claim, you must notify Acas of your intention to make a claim. Acas will offer early conciliation, giving both parties a chance to settle without going to tribunal.

You can notify Acas even while a grievance is ongoing. In fact, given strict time limits, it’s often advisable to notify Acas early to protect your position, even if you hope the grievance will resolve matters.

Acas will issue an early conciliation certificate, which you need to start your tribunal claim.

3. Gather Evidence

Start collecting evidence immediately:

• Document incidents: Note dates, times, what was said, who was present
• Save communications: Emails, text messages, WhatsApp conversations
• Identify witnesses: Colleagues who saw or heard discriminatory behaviour
• Identify comparators: People in similar situations treated differently
• Keep copies: Policies, performance reviews, meeting notes

If you’re still employed, save copies to a personal email or USB drive. Once you leave or are dismissed, you may lose access to company systems.

4. Seek Legal Advice

Discrimination claims are legally complex. Speaking to an employment solicitor early can help you:

• Understand whether you have a strong claim
• Navigate the grievance and early conciliation processes
• Avoid missing critical deadlines
• Gather the right evidence
• Maximise your potential compensation

Many employment solicitors, including our firm, offer no win no fee arrangements for discrimination claims, meaning you won’t pay legal fees if your case is unsuccessful.

Common Discrimination Scenarios

While discrimination can take many forms, certain scenarios arise frequently:

Age Discrimination in Recruitment

Age discrimination is the most commonly reported form, affecting 19% of workers according to 2025 research. It impacts both younger workers (perceived as inexperienced) and older workers (stereotyped as less tech-savvy or adaptable).

Common examples: Job adverts seeking “recent graduates” or “energetic young team,” refusing interviews to older candidates, assumptions about retirement plans.

Pregnancy Discrimination

Pregnancy and maternity discrimination remains widespread. This includes being dismissed, made redundant, or denied promotion because you’re pregnant or on maternity leave.

Common examples: Being dismissed shortly after announcing pregnancy, being excluded from opportunities while on maternity leave, having your job changed to a lesser role on return.

Disability Discrimination and Reasonable Adjustments

Employers have a duty to make reasonable adjustments for disabled employees. Failure to do so is discrimination.

Common examples: Refusing flexible working for medical appointments, failing to provide accessible workspaces, dismissing someone for disability-related sickness absence without considering adjustments.

Race Discrimination and Harassment

Despite increased awareness, racial discrimination remains prevalent, with 34% of ethnic minority respondents in 2025 research reporting they’d experienced it.

Common examples: Racist comments or “banter,” assumptions about capabilities based on ethnicity, stricter treatment of ethnic minority staff.

Sexual Harassment

Since October 2024, employers have had a duty to take reasonable steps to prevent sexual harassment. This strengthens protections for those experiencing unwanted sexual conduct.

Common examples: Unwanted sexual advances, comments about appearance or body, sharing sexual images, touching.

Gender Pay Discrimination

If you’re paid less than a colleague of the opposite sex doing equal work (the same or broadly similar work, or work rated as equivalent), you may have an equal pay claim.

Religious Discrimination

This includes discrimination against religious beliefs and philosophical beliefs (including humanism and atheism).

Common examples: Refusing time off for religious observance, banning religious dress or symbols, mocking someone’s beliefs.

LGBTQ+ Discrimination

Protection covers sexual orientation (lesbian, gay, bisexual, heterosexual) and gender reassignment.

Common examples: Homophobic or transphobic comments, refusing to use correct pronouns, excluding same-sex partners from benefits.

Recent Legal Developments

Discrimination law continues to evolve. Here are the most significant recent changes.

Section 19A: Indirect Associative Discrimination (January 2024)

As discussed earlier, section 19A represents a major expansion of protection. From 1 January 2024, you can bring an indirect discrimination claim even if you don’t share the protected characteristic of the disadvantaged group, provided you suffer the same disadvantage.

This has particular significance for:

• Male carers affected by childcare-unfriendly policies that mainly disadvantage women
• Non-disabled people affected by policies that mainly disadvantage disabled people
• British nationals affected by policies that mainly disadvantage non-British nationals

The British Airways v Rollett case confirmed this interpretation, with the Employment Appeal Tribunal ruling that the new section was valid and not ultra vires (beyond legal power).

Vento Bands Increase (April 2025)

The April 2025 update to Vento bands was larger than usual, reflecting higher inflation. Lower band awards increased from £11,700 to £12,100, middle band from £35,200 to £36,400, and upper band from £58,700 to £60,700.

These increases mean discrimination claims are now worth more in real terms, sending a clear message about the importance of workplace equality.

Employment Rights Bill

The Employment Rights Bill, introduced to Parliament in October 2024, contains several provisions affecting discrimination law. Key changes include:

• Protection from third-party harassment: A new duty on employers to take reasonable steps to prevent harassment by third parties (customers, clients, service users)
• Day one rights: While not directly discrimination law, the removal of qualifying periods for unfair dismissal will make it easier to bring combined claims

These provisions are expected to come into force in late 2026 or early 2027, though the exact timing depends on parliamentary progress and commencement regulations.