This guide is maintained as a current resource for July 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.
Detailed guide to workplace discrimination under the UK Equality Act 2010 explains protected characteristics, types of discrimination (direct, indirect, harassment, victimisation), employer duties, tribunal claims process, time limits, and remedies in clear legal terms for employees and employers.
Workplace discrimination under the Equality Act 2010 is unlawful treatment of an individual or group because of specific personal characteristics. The Act sets legal standards to ensure equal treatment in employment and protect workers from unfair practices. Understanding these rights helps employees recognise discrimination and take informed steps to address it. Employers also benefit from knowing their responsibilities to maintain compliant, inclusive workplaces.
What the Equality Act 2010 Says
The Equality Act 2010 consolidates previous anti‑discrimination laws into a single framework. It applies in England and Wales to most workplaces and employment relationships, including recruitment, pay, job duties, training, promotion, dismissal, and references. The Act prohibits discrimination in all aspects of work, whether conduct by an individual or an employer's policies.
Protected Characteristics
Discrimination law centres on protected characteristics. These are personal attributes the law recognises as requiring protection, and it is unlawful to discriminate against someone because of them. The protected characteristics under the Act are:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
Types of Workplace Discrimination
The Equality Act identifies several core forms of unlawful discrimination:
1. Direct Discrimination
Direct discrimination happens when a person is treated less favourably because of a protected characteristic compared with someone without that characteristic. This can include refusing employment, denial of training, or discriminatory disciplinary actions.
Direct discrimination also covers:
- Discrimination by association – unfavourable treatment because of a connection with someone who has a protected characteristic (for example, being overlooked for promotion because a spouse is disabled).
- Discrimination by perception – where an employer treats someone unfairly because they are perceived to have a protected characteristic, even if they do not.
2. Indirect Discrimination
Indirect discrimination occurs when a workplace rule or practice applies to everyone but disadvantages people with a particular protected characteristic and cannot be justified as a proportionate means of achieving a legitimate aim. It is often less obvious than direct discrimination. Examples might include inflexible shift patterns disadvantaging people who need reasonable adjustments due to disability.
3. Harassment
Harassment is unwanted conduct related to a protected characteristic that either violates a person's dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. Harassment can occur even if the person did not explicitly ask for it to stop.
Harassment can be a one‑off incident or a series of actions. It applies to most protected characteristics, though some technical exceptions exist for pregnancy/maternity and marriage/civil partnership in limited contexts.
4. Victimisation
Victimisation arises when someone is treated unfavourably because they have asserted their rights under the Act, supported another person's complaint, or participated in discrimination proceedings. This is unlawful whether the original complaint was upheld, provided the claimant acted in good faith.
When Discrimination Can Occur
Discrimination can affect any stage of employment and can arise from:
- Recruitment and selection processes
- Terms and conditions of employment
- Training opportunities
- Promotion and transfer decisions
- Redundancy, dismissals, or disciplinary action
- Workplace policies, dress codes, and working hours
- Interpersonal conduct among colleagues and managers
Legal Protections and Employer Responsibilities
Duties on Employers
Employers have a legal obligation to:
- Ensure policies and practices don't discriminate
- Prevent harassment and victimisation
- Provide reasonable adjustments for disabled employees
- Investigate complaints impartially and fairly
Failure to address discrimination can lead to liability in an employment tribunal.
Vicarious Liability
Employers may be held responsible for discriminatory acts committed by employees during their employment unless they can show they took reasonable steps to prevent it.
Making a Claim: Time Limits and Process
Early Conciliation
Before an employment tribunal claim can be issued, most discrimination disputes require a certificate from Acas Early Conciliation. This process seeks to resolve issues without tribunal proceedings.
Time Limits
The time limit to bring a discrimination claim to an employment tribunal is generally three months minus one day from the date of the act complained of. For continuing acts of discrimination, the limit runs from the last discriminatory act. Failure to start conciliation and issue the claim within this period can jeopardise the claim.
Remedies and Compensation
Employment tribunals can award compensation for:
- Injury to feelings – for the non‑financial impact of discrimination
- Financial loss – such as lost earnings or pension contributions
There is no statutory cap on compensation for discrimination claims, unlike some other employment matters.
Practical Steps if You Experience Discrimination
- Document what happened – record dates, persons involved, comments made, and impacts.
- Raise the issue internally – start with informal conversations or follow your employer's formal grievance procedure.
- Seek advice – contact Acas, the Equality Advisory and Support Service, or a solicitor specialising in employment law.
- Consider Early Conciliation – required before tribunal proceedings.
- Understand time limits – act promptly to protect your ability to make a claim.
Key Takeaways
Workplace discrimination under the Equality Act 2010 prohibits unfair treatment relating to nine protected characteristics. It includes direct and indirect discrimination, harassment, and victimisation. The Act covers all stages of employment and requires employers to prevent unlawful treatment. Employees who believe they have been discriminated against can seek remedy through a structured process, including early conciliation and tribunal claims, subject to strict time limits and legal requirements.
