Who Is Protected from Workplace Discrimination?

Workplace discrimination law in England and Wales is primarily governed by the Equality Act 2010. It sets out who is legally protected from unfair treatment in employment and related contexts. Protection is not limited to employees alone and extends to a wider range of individuals involved in work or applying for work.

Understanding who is protected is essential for identifying whether a potential Employment Tribunal claim can be brought for discrimination, harassment, or victimisation.

Legal Framework: Equality Act 2010

The Equality Act 2010 prohibits unlawful treatment based on protected characteristics such as age, disability, sex, race, religion or belief, sexual orientation, gender reassignment, pregnancy and maternity, and marriage and civil partnership.

Protection applies where there is:

• Direct discrimination
• Indirect discrimination
• Harassment
• Victimisation

However, the scope of protection also depends on who the law applies to, which is broader than standard employment status definitions.

Employees: Core Protection Group

Employees are the primary group protected under the Equality Act 2010.

An employee is typically someone who works under a contract of employment. Employees are protected in relation to:

• Recruitment and selection
• Terms and conditions of employment
• Promotion and training opportunities
• Disciplinary and grievance processes
• Dismissal

Employment Tribunals routinely hear discrimination claims brought by employees across all sectors, including public and private employment.

Workers: Extended Protection

The definition of “worker” extends protection beyond traditional employees.

Workers generally include individuals who:

• Work under a contract to perform services personally
• Are not genuinely self-employed in business on their own account

This includes:

• Agency workers
• Casual and zero-hours contract workers
• Some gig economy workers

Workers are protected from discrimination in access to work and during the course of their engagement.

Job Applicants: Protection Before Employment

Protection under the Equality Act 2010 begins even before employment starts.

Job applicants are protected from:

• Discriminatory job advertisements
• Unfair selection criteria
• Biased interview processes
• Refusal to hire based on protected characteristics

Employers must ensure recruitment processes are fair and based on objective criteria.

Employment Tribunals can hear claims where applicants allege discrimination during recruitment, even if no employment relationship is established.

Former Employees

Protection does not end when employment ends.

Former employees may bring claims where discrimination or victimisation occurs after employment has terminated, including:

• Providing references
• Post-employment harassment
• Retaliation for raising previous discrimination complaints

This ensures ongoing protection against adverse treatment linked to past employment relationships.

Self-Employed Individuals (Limited Protection)

Self-employed individuals are generally not protected in the same way as employees or workers. However, protection may apply in specific circumstances, such as:

• Access to work opportunities through contracts personally performed
• Discrimination in the provision of services or work assignments where a quasi-employment relationship exists

Tribunals assess the factual nature of the working arrangement rather than job titles alone.

Apprentices and Trainees

Apprentices and trainees are protected under the Equality Act 2010.

This includes:

• Apprentices under formal training contracts
• Interns and work experience placements in certain circumstances
• Individuals undergoing vocational training linked to employment

Protection applies across recruitment, training, supervision, and termination.

Public Sector Workers

Public sector employees, including those working in:

• Local authorities
• NHS services
• Emergency services
• Government departments

are fully protected under the Equality Act 2010.

In addition, public bodies are subject to the Public Sector Equality Duty (PSED), requiring them to consider equality impacts when making decisions and developing policies.

Military and Armed Forces

Members of the armed forces have limited but significant protection under the Equality Act 2010.

Certain provisions apply differently due to operational requirements, but discrimination, harassment, and victimisation protections still exist in many employment-related contexts.

Who Is Not Fully Covered

Some categories have limited or no protection under employment discrimination law, including:

• Genuine independent contractors operating businesses on their own account
• Volunteers (in most cases, unless a contractual relationship exists)
• Certain office holders (depending on role and statutory framework)

Each case depends heavily on the actual working relationship rather than formal classification.

Types of Protection Available

Those covered by the Equality Act 2010 are protected from:

Discrimination

• Direct discrimination
• Indirect discrimination

Harassment

Unwanted conduct related to a protected characteristic.

Victimisation

Unfair treatment due to making or supporting discrimination complaints.

These protections apply across recruitment, employment, and post-employment contexts.

Burden of Proof in Claims

In Employment Tribunal proceedings:

1. The claimant must show facts suggesting discrimination may have occurred.
2. The employer must provide a non-discriminatory explanation.

Tribunals consider all available evidence, including documents, witness statements, and workplace patterns.

Time Limits for Claims

Most workplace discrimination claims must be brought within:

• 3 months minus 1 day from the date of the discriminatory act

Where conduct is ongoing, time may run from the last act in a series.

ACAS Early Conciliation is mandatory before filing a claim and pauses limitation periods.

Remedies for Workplace Discrimination

Where a tribunal finds discrimination, it may award:

Compensation

• Financial losses (including lost earnings)
• Injury to feelings (Vento guidelines)
• Interest on awards

Declarations

A formal ruling confirming unlawful discrimination.

Recommendations

Orders requiring changes to workplace policies or practices.

Key Practical Considerations

• Protection is broad and extends beyond traditional employment contracts
• Job applicants are protected before employment begins
• Former employees may still bring claims after leaving employment
• The legal test focuses on treatment, not job title
• Evidence and timing are central to tribunal outcomes

Key Takeaways

Protection from workplace discrimination under the Equality Act 2010 applies to a wide range of individuals, including employees, workers, job applicants, apprentices, trainees, and in some cases former employees. The law covers recruitment, employment, and post-employment treatment. Employment Tribunals assess whether unlawful treatment is linked to protected characteristics and whether statutory tests are met. Protection is broad but depends on the nature of the working relationship and the specific circumstances of each case.