This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to discrimination claims in employment tribunals in England and Wales, explaining protected characteristics, types of discrimination, procedural steps, time limits, evidence and possible remedies under the Equality Act 2010.
Discrimination claims are a significant category of disputes heard in employment tribunals in England and Wales. These claims arise where a worker, employee or job applicant believes they have been treated unlawfully because of a protected characteristic under UK equality law. This article explains what discrimination claims are, the legal framework that underpins them, how the tribunal process works, key practical considerations and remedies that may be awarded, presented clearly for employees, employers, students and solicitors.
Introduction
Employment tribunals exist to enforce statutory rights, including protections against unlawful discrimination in the workplace. Discrimination claims are brought under the Equality Act 2010, a comprehensive statute that consolidates and strengthens protections against unfair treatment because of certain personal characteristics. A discrimination claim before a tribunal can address conduct by an employer or others in the workplace that has adversely affected the claimant's employment, opportunities, terms and conditions, or dignity at work.
Legal Framework: The Equality Act 2010
The Equality Act 2010 provides the legal basis for discrimination claims. It defines prohibited conduct and protected characteristics, and sets out the circumstances in which employers and others can be held liable. While the Act covers different contexts (employment, services, education and more), employment tribunals specifically deal with discrimination arising in or connected with the employment relationship.
Tribunals have jurisdiction to hear complaints involving unlawful discrimination in a work context, including those involving employees, workers, former workers, job applicants and certain office‑holders. The Act also includes rules about collective agreements or policies that contravene equality law.
Protected Characteristics
A core concept in discrimination law is the protected characteristic. Under the Equality Act 2010, the following are protected:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
A claimant must identify one or more of these characteristics and demonstrate that the adverse treatment they experienced relates directly or indirectly to that characteristic.
Types of Discrimination
The Equality Act recognises several forms of discriminatory conduct:
Direct discrimination occurs when a person is treated less favourably because of a protected characteristic. For example, if an employer refuses to offer training to an employee solely because of their religion or sex, this can constitute direct discrimination.
Indirect discrimination happens where a provision, criterion or practice (PCP) that applies to everyone disproportionately disadvantages people with a particular protected characteristic, and the employer cannot justify it as a proportionate means of achieving a legitimate aim. For instance, a workplace rule that inadvertently disadvantages older workers may be indirect discrimination.
Harassment involves unwanted conduct related to a protected characteristic that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Victimisation occurs when someone is treated badly because they have made or supported a discrimination complaint, provided evidence to a tribunal, or raised a grievance about discriminatory conduct.
Employers can also be held responsible for discrimination committed by employees under vicarious liability, meaning organisational liability for acts of staff in the course of employment.
Who Can Bring a Discrimination Claim?
A wide range of people can bring a discrimination claim to an employment tribunal, including:
- Employees
- Workers who are not employees but perform personal work under a contract
- Job applicants who allege discriminatory treatment in recruitment or selection
- Former employees or workers where the discriminatory act occurred during employment
There is no qualifying period of service required for discrimination claims, unlike some other employment rights such as unfair dismissal. Claims can be brought from day one of employment.
Time Limits and Procedural Steps
Discrimination claims must be brought within strict time limits. The current rule is that the tribunal must receive the claim within three months less one day of the alleged discriminatory act. Where there has been a series of related acts, the time limit usually runs from the date of the last act in the series.
Before lodging a formal claim (ET1), prospective claimants must notify Acas of their intention to claim and undergo early conciliation. Acas early conciliation pauses the statutory time limit while settlement is explored.
Failure to comply with procedural requirements or to act within time limits may result in a claim being rejected, unless the tribunal considers it just and equitable to allow a late claim - a discretion applied sparingly.
Examples of Workplace Discrimination
Discrimination can arise in many workplace situations, such as:
- Recruitment and selection where applicants with protected characteristics are unfairly overlooked.
- Terms and conditions where pay or benefits are applied less favourably.
- Promotion and training opportunities where access is restricted due to a protected characteristic.
- Dismissing or disciplining a person for reasons related to protected characteristics.
- Failure to make reasonable adjustments for disabled employees (e.g. accessible workspace or flexible hours) which can itself be a form of discrimination.
Evidence and Burden of Proof
In discrimination claims, the tribunal applies a two‑stage burden of proof. Initially, the claimant must show facts from which the tribunal could indicate that unlawful discrimination may have occurred. Once this prima facie case is established, the burden shifts to the respondent to provide an explanation that shows they did not discriminate. This legal standard encourages transparency and fairness in examining complaints.
Evidence may include written records, witness statements, correspondence, employment records, job adverts, performance evaluations and comparator data. Employers' policies and grievance records are often pivotal in tribunal determinations.
Remedies in Discrimination Cases
If a discrimination claim succeeds, the tribunal can award a range of remedies, primarily aimed at compensating the claimant and redressing the discriminatory act. Compensation can include:
- Loss of earnings (past and future)
- Injury to feelings awards reflecting the emotional impact of discrimination
- Interest on awards to account for delay in payment
In appropriate cases, tribunals may also make declarations clarifying legal rights or issue recommendations designed to prevent future discrimination, although recommendations are more common in specific statutory enforcement contexts.
Practical Considerations
- Grievance processes: Claimants often raise discrimination concerns internally before or during a formal claim. Employers should have robust equality policies and grievance procedures to address issues early.
- Legal representation: Both claimants and respondents may choose representation by solicitors, barristers or advisers, especially in complex discrimination cases.
- Settlement: Many discrimination disputes resolve through Acas early conciliation or settlement agreements before a tribunal hearing is necessary.
Understanding how discrimination claims work and preparing detailed evidence are essential for effective participation in tribunal proceedings.
Key Takeaways
Discrimination claims in employment tribunals enforce statutory protections under the Equality Act 2010 for employees, workers, job applicants and former workers against unlawful treatment tied to protected characteristics. Tribunals can hear complaints of direct and indirect discrimination, harassment and victimisation. Strict time limits apply, and early conciliation with Acas is required before a claim can be submitted. Remedies include compensation for financial loss and injury to feelings, and discrimination claims often rely on clear evidence and statutory burden of proof. Recognising workplace equality obligations and addressing allegations promptly can reduce legal risk and resolve disputes effectively.
