Workplace Discrimination Claims: Employment Tribunal Guide

Workplace discrimination claims in England and Wales are primarily governed by the Equality Act 2010, which prohibits unlawful treatment based on protected characteristics such as age, disability, sex, race, religion or belief, sexual orientation, pregnancy and maternity, and gender reassignment. Where informal resolution or internal procedures do not resolve the issue, claims may be brought before the Employment Tribunal, which is a specialist judicial body that determines employment disputes.

An Employment Tribunal does not operate like a traditional court. It is designed to be more accessible, but it still applies legal rules, strict deadlines, and formal procedures. Understanding how discrimination claims are assessed and progressed is essential for anyone considering legal action.

What Counts as Workplace Discrimination

Under the Equality Act 2010, unlawful discrimination in employment may include:

Direct discrimination

Treating a worker less favourably because of a protected characteristic. For example, refusing promotion due to pregnancy or age.

Indirect discrimination

Applying a policy or practice that disadvantages people with a protected characteristic, even if applied to everyone equally.

Harassment

Unwanted conduct related to a protected characteristic that violates dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.

Victimisation

Treating someone unfairly because they made or supported a discrimination complaint.

Failure to make reasonable adjustments

In disability cases, employers must take reasonable steps to remove workplace disadvantages.

These legal definitions are interpreted by tribunals using statutory guidance and established case law principles developed under the Equality Act 2010.

Bringing a Discrimination Claim to an Employment Tribunal

Step 1: Internal resolution and grievances

Before starting a claim, many individuals raise the issue internally through:

• Informal complaints
• Formal grievance procedures
• Appeals against outcomes

Although not legally required in all cases, tribunals may consider whether internal processes were followed when assessing fairness and compensation.

Step 2: ACAS Early Conciliation

Before lodging a tribunal claim, it is mandatory to notify the Advisory, Conciliation and Arbitration Service (ACAS) and consider Early Conciliation.

Key features:

• ACAS acts as an independent conciliator between parties
• The process aims to settle disputes without tribunal proceedings
• It can last up to approximately 6–12 weeks depending on circumstances
• A certificate is issued if settlement is not reached

The process also affects time limits. In most cases, notifying ACAS pauses the limitation period, which resumes once the certificate is issued.

If an agreement is reached, it is recorded in a legally binding settlement (COT3), preventing further tribunal proceedings on the same dispute.

Time Limits for Discrimination Claims

Strict time limits apply to Employment Tribunal claims:

• Standard rule: 3 months minus 1 day from the date of the discriminatory act
• For discrimination, time generally runs from the date of the last act in a series of events
• In limited cases, tribunals may extend time where it is “just and equitable”

These limits are strictly enforced, and missing them can prevent a claim from proceeding.

Because ACAS Early Conciliation pauses the limitation period, the calculation of deadlines often requires careful adjustment once the certificate is issued.

Starting an Employment Tribunal Claim (ET1 Form)

If Early Conciliation does not resolve the dispute, a claimant may proceed by submitting an ET1 claim form.

The ET1 includes:

• Details of the claimant and respondent
• Summary of events
• Legal basis of the claim (for example, discrimination under the Equality Act 2010)
• Compensation or remedy sought

The tribunal serves the claim on the respondent, who then files a response (ET3).

Tribunal Process After the Claim Is Filed

1. Case management stage

A judge may issue directions covering:

• Deadlines for documents
• Witness statements
• Preliminary hearings

2. Disclosure

Both parties must exchange relevant documents, including emails, HR records, and policies.

3. Hearing

The tribunal hears evidence from:

• Witnesses
• Claimant
• Employer representatives

The tribunal is usually composed of a judge and, in some cases, lay members with employment experience.

4. Decision and remedies

If discrimination is proven, remedies may include:

• Compensation for financial loss
• Injury to feelings awards
• Recommendations for workplace changes
• Interest on awards

Compensation is assessed using established legal guidelines, including bands for injury to feelings.

Evidence in Discrimination Claims

Tribunals rely heavily on evidence. Common forms include:

• Emails and written communications
• HR records and disciplinary notes
• Witness statements from colleagues
• Workplace policies
• Medical evidence (for disability claims)

In discrimination cases, tribunals may infer discrimination from patterns of behaviour if direct evidence is not available.

Common Defences by Employers

Employers may argue:

• The treatment was unrelated to a protected characteristic
• The action was justified or proportionate
• Policies were applied consistently
• The claim is out of time
• Procedural requirements were not met

Tribunals assess these arguments on the balance of probabilities.

Costs and Risks

Employment Tribunals generally do not award costs to the winning party, but costs orders may be made in limited circumstances, such as:

• Frivolous or vexatious claims
• Unreasonable conduct
• Abuse of process

Most parties therefore bear their own legal costs.

Settlement Before or During Tribunal

Discrimination claims often settle at any stage, including:

• Before ACAS Early Conciliation ends
• After ET1 submission
• During case management
• Shortly before the final hearing

Settlement agreements usually include confidentiality clauses and a COT3 or settlement agreement.

Key Practical Considerations

• Time limits are strict and are a central factor in whether a claim can proceed
• ACAS Early Conciliation is mandatory before issuing a claim
• Evidence preparation is critical from the earliest stage
• Many cases settle before a final hearing
• Legal arguments often focus on whether treatment was linked to a protected characteristic

Key Takeaways

Workplace discrimination claims in England and Wales are brought under the Equality Act 2010 and decided by Employment Tribunals. Claimants must act within strict time limits, usually three months minus one day, and must first engage with ACAS Early Conciliation. If settlement is not reached, a formal ET1 claim can be submitted, leading to a structured tribunal process involving disclosure, hearings, and a binding judgment. Remedies may include compensation and workplace-related orders. Early preparation, documentation, and awareness of procedural requirements are central to progressing a claim effectively.