Discrimination at Work

In the UK, individuals are protected against a variety of different types of discrimination under the Equality Act 2010. The different types of discrimination are:

Direct Discrimination: Treating someone less favourably than others because of a protected characteristic.

Example: Refusing to hire a candidate based on their age despite their qualifications.

Indirect Discrimination: Imposing a provision, criterion, or practice that puts individuals with a protected characteristic at a disadvantage.

Example: Requiring all employees to work on Saturdays, which may disproportionately affect those who observe the Sabbath for religious reasons.

Harassment: Unwanted conduct related to a protected characteristic that has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.

Example: Persistent offensive comments about a person’s disability or sexual orientation.

Victimisation: Treating someone unfairly because they have asserted their rights under the Equality Act.

Example: Retaliating against an employee for raising concerns about gender-based pay disparities.

Discrimination Arising from Disability: Treating a disabled person unfavourably because of something arising from, or in consequence of, their disability.

Example: Dismissing an employee due to frequent absences related to a disability without considering reasonable adjustments.

Failure to Make Reasonable Adjustments: Failing to make reasonable adjustments to accommodate the needs of a disabled person, where such adjustments would prevent a substantial disadvantage.

Example: Not providing a wheelchair-accessible workspace for an employee with mobility impairments.

Associative Discrimination: Treating someone unfairly because they are associated with someone who has a protected characteristic.

Example: Discriminating against an employee because their child has a disability.

Perceptive Discrimination: Treating someone unfairly based on the perception that they have a particular protected characteristic, even if they do not.

Example: Discriminating against an employee who is wrongly perceived to have a disability.

Age: Protection against discrimination based on age, covering individuals of all ages.

Disability: Protection for individuals with physical or mental impairments that have a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

Gender Reassignment: Protection for individuals who are proposing to undergo, are undergoing, or have undergone a process to change their gender.

Marriage and Civil Partnership: Protection against discrimination based on marital or civil partnership status.

Pregnancy and Maternity: Protection for women during pregnancy and maternity leave.

Race: Protection against discrimination based on race, ethnicity, nationality, or national origin.

Religion or Belief: Protection against discrimination based on religious beliefs, or the absence of religious beliefs.

Sex: Protection against discrimination based on gender.

Sexual Orientation: Protection against discrimination based on sexual orientation.

If you feel you have been subject to discrimination at work, we strongly suggest you take legal advice on your position, as we know how upsetting this can be.  Our team of specialist employment lawyers supports and advises you on your situation and the next steps.  This could be looking to commence employment tribunal proceedings or raising an internal grievance in the first instance.

There are strict time limits for bringing a discrimination claim in the UK.  The ordinary time limit is three months (less one day) from the date of the act of discrimination.  There are circumstances where this time limit can be extended through ACAS Early Conciliation.  Our lawyers will be able to advise you on the time limits applicable to your position.  It is important to act promptly if you believe you have been discriminated against in order to properly protect your position.

Not every unfair or unreasonable action by an employer will amount to discrimination.  To bring a discrimination claim, you will usually need to show that the treatment you experienced was connected to a protected characteristic, such as your race, sex, disability, age, religion or sexual orientation.  The link between the treatment and the protected characteristic is often one of the key issues in discrimination claims.  Our lawyers can review the circumstances and advise whether there is likely to be a legal basis for a claim.

Not always, but ideally yes.  Evidence is important in any Employment Tribunal claim.  This may include emails, messages, meeting notes, witness evidence, performance reviews, sickness records or details of conversations and incidents.  However, direct evidence of discrimination is not always available.  Employment Tribunals can draw inferences from the surrounding circumstances and the employer’s explanations for their actions.  We recommend keeping a record of incidents and preserving any relevant documents as early as possible.

There is no legal requirement to raise a formal grievance before bringing a discrimination claim. However, raising a grievance can sometimes help resolve matters internally and may provide useful evidence if the matter later proceeds to the Employment Tribunal.

Whether a grievance is appropriate will depend on the circumstances and the outcome you are seeking.  We can advise on the best approach for your situation.

Compensation in discrimination claims is uncapped and may include:

• Financial losses, including lost earnings and benefits;
• Future loss of earnings in some cases;
• Injury to feelings compensation;
• Personal injury damages (where appropriate);
• Interest; and
• Aggravated damages in certain circumstances.

The value of a claim will depend on the nature of the discrimination, its impact on you and any financial losses suffered.

Yes. Employees and workers can bring discrimination claims even if they have resigned or their employment has ended.  In some situations, discriminatory treatment may be so serious that it causes an employee to resign.  Depending on the circumstances, this may give rise to additional claims such as constructive unfair dismissal.

An employer should not subject you to any detriment because you have raised concerns about discrimination or asserted your rights under the Equality Act 2010.  If an employer treats you unfavourably because you have complained about discrimination, supported someone else’s complaint or brought proceedings, you may have a claim for victimisation.

Employers have a duty to make reasonable adjustments for disabled employees where a workplace practice, physical feature or lack of support places the employee at a substantial disadvantage.  However, what is “reasonable” will depend on the circumstances of each case.

Examples may include:

• Adjusting working hours;
• Providing specialist equipment;
• Allowing home or hybrid working;
• Adjusting performance targets; or
• Making physical changes to the workplace.

Yes. Protection from discrimination applies not only during employment but also throughout the recruitment process.  Employers must not discriminate against job applicants because of a protected characteristic when advertising roles, shortlisting candidates, conducting interviews or making recruitment decisions.

Many employees are unsure whether what they have experienced amounts to discrimination.  This is particularly common where the behaviour is subtle, ongoing or forms part of a wider pattern of treatment.  Our employment lawyers can review the circumstances with you, identify any potential claims and advise on the options available to you.

The cost of pursuing a claim will depend on the complexity of the matter and the level of support required.  We offer a range of services, from initial advice and merits assessments through to full representation in Employment Tribunal proceedings.  We are happy to discuss costs and provide a tailored estimate at an early stage.

Yes. Most discrimination claims settle before reaching a final hearing.  Settlement can take place through direct negotiations, ACAS Early Conciliation or a settlement agreement through your employer.  The appropriate approach will depend on your objectives, whether that is compensation, an apology, an agreed reference or another outcome.

Our lawyers regularly advise on settlement strategy and negotiations to help clients achieve the best possible outcome.