Discrimination Definition Employment Tribunal Claims

Employment discrimination occurs when an individual is treated less favourably at work, or during recruitment, because of a protected characteristic defined in UK law. These claims are brought primarily under the Equality Act 2010 and are decided by Employment Tribunals in England and Wales.

A discrimination claim can arise in a wide range of workplace situations, including hiring, pay, promotion, disciplinary action, dismissal, harassment, and redundancy selection. The law is designed to ensure equal treatment and to provide legal remedies where unfair or unlawful treatment occurs.

Legal Definition of Discrimination in Employment Law

Under the Equality Act 2010, discrimination generally refers to unlawful treatment connected to a protected characteristic. A person may bring a claim where they can show that they have been treated unfairly because of one or more of these characteristics.

Protected characteristics include:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

Discrimination law applies to employees, job applicants, workers, apprentices, and in some cases self-employed contractors.

Types of Discrimination in Employment Tribunal Claims

Employment Tribunals recognise several legally distinct forms of discrimination claims.

Direct discrimination

Occurs when someone is treated less favourably specifically because of a protected characteristic. For example, refusing promotion because an employee is female or older.

Indirect discrimination

Occurs when a workplace rule or policy applies to everyone but disadvantages people with a protected characteristic and cannot be objectively justified. For example, requiring full-time availability without justification may disadvantage women disproportionately.

Harassment

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 suffers detriment because they have made or supported a complaint under the Equality Act 2010 or are suspected of doing so.

Discrimination arising from disability

Applies where a disabled person is treated unfavourably because of something connected to their disability, unless the employer can justify the treatment.

When You Can Bring a Discrimination Claim

A discrimination claim can be brought to an Employment Tribunal where unlawful treatment has occurred in areas such as:

• Recruitment and job applications
• Terms and conditions of employment
• Pay and benefits
• Promotion and training opportunities
• Disciplinary and grievance procedures
• Dismissal or redundancy
• Workplace conduct and harassment

Claims can be brought by current employees, former employees, and job applicants.

Time Limits for Employment Tribunal Discrimination Claims

Strict time limits apply.

• A claim must usually be submitted within 3 months minus 1 day from the date of the discriminatory act
• For ongoing or repeated discrimination, time runs from the last act in a series of incidents
• Time limits are paused during ACAS Early Conciliation, which is mandatory before issuing a claim

Tribunals may extend time limits only where it is considered “just and equitable”, but this is discretionary and not guaranteed.

ACAS Early Conciliation Process

Before a claim can be filed, the claimant must notify ACAS (Advisory, Conciliation and Arbitration Service). ACAS will attempt to resolve the dispute through conciliation.

If settlement is not reached, ACAS issues a certificate required to submit a claim using the ET1 form. This step is compulsory in most cases.

Bringing a Claim to an Employment Tribunal

The tribunal process generally involves:

1. ET1 claim form

The claimant sets out:

• The facts of the case
• The protected characteristic involved
• Details of alleged discrimination
• Losses suffered

2. Employer response (ET3)

The employer responds, often disputing:

• Whether discrimination occurred
• The reason for the treatment
• Whether it can be objectively justified

3. Case management

A judge may:

• Define legal issues
• Order disclosure of documents
• Set deadlines for witness statements
• Encourage settlement

4. Final hearing

Both sides present evidence, call witnesses, and are cross-examined. The tribunal then decides whether discrimination occurred and what remedy should be awarded.

Burden of Proof in Discrimination Claims

In discrimination cases, the claimant must first establish facts from which discrimination could be inferred. If successful, the burden shifts to the employer to show that the treatment was not discriminatory.

This two-stage approach is a key feature of Equality Act litigation and is often central to tribunal decisions.

Compensation in Discrimination Claims

Unlike unfair dismissal claims, compensation for discrimination is not capped.

Awards may include:

Financial loss

• Loss of earnings
• Future loss of income
• Pension losses
• Benefits lost due to dismissal or demotion

Injury to feelings

Tribunals may award compensation for emotional distress. Awards are assessed using the Vento guidelines, which set bands depending on severity of the discrimination.

Typical categories include:

• Lower band: isolated or less serious incidents
• Middle band: more serious or sustained conduct
• Upper band: severe or prolonged discrimination or harassment

In exceptional cases, awards can exceed the upper band.

Additional damages

In some cases, tribunals may also award:

• Personal injury damages (if psychiatric harm is proven)
• Interest on compensation

Common Defences in Discrimination Claims

Employers may defend claims by arguing:

• The treatment was not linked to a protected characteristic
• The conduct was objectively justified (especially in indirect discrimination claims)
• Reasonable steps were taken to prevent discrimination
• The claimant has misinterpreted workplace decisions
• The claim is out of time

Common Issues in Tribunal Discrimination Cases

1. Proving causation

The key legal question is often whether the protected characteristic was a reason for the treatment.

2. Evidence and documentation

Emails, HR records, and witness statements are often decisive.

3. Multiple incidents

Tribunals consider whether incidents form a continuous course of conduct.

4. Overlap of claims

Discrimination claims may overlap with unfair dismissal or whistleblowing claims.

Practical Importance of Discrimination Claims

Discrimination claims are among the most significant cases heard in Employment Tribunals due to:

• The complexity of legal tests
• The lack of a compensation cap
• The seriousness of protected characteristic rights
• The reputational impact on employers

They often involve detailed factual disputes and extensive evidence review.

Key Takeaways

Discrimination in Employment Tribunal claims arises when an individual is treated unfavourably because of a protected characteristic under the Equality Act 2010. Claims can include direct discrimination, harassment, victimisation, and indirect discrimination. Strict time limits apply, and cases are brought through ACAS Early Conciliation before proceeding to tribunal. Compensation is uncapped and may include financial loss and injury to feelings, assessed using Vento guidelines. Tribunals focus heavily on evidence and whether the protected characteristic was a causal factor in the treatment.