Your Rights When Facing Discrimination at Work

Workplace discrimination remains a significant issue in employment law in England and Wales. Discrimination can affect recruitment, terms and conditions, pay, promotion, training, redundancy and dismissal, and it is unlawful when it is linked to personal characteristics protected by law. The Equality Act 2010 provides robust legal protection for employees, workers, contractors and job applicants against unlawful treatment at work. Understanding your rights, your employer's obligations and how to respond to discrimination can help protect your career, wellbeing and potential claims for compensation or remedies through tribunals.

This article explains what constitutes discrimination at work, the legal framework, how to raise concerns, options for employment tribunal claims, time limits, practical considerations and answers to common questions.

The Legal Framework: The Equality Act 2010

The main law that protects workers from discrimination at work is the Equality Act 2010. This Act brings together anti‑discrimination law into a single statute and applies across employment, including recruitment, promotion, pay, benefits, training, dismissal and redundancy.

Protected Characteristics

Under the Equality Act, discrimination is unlawful if it is linked to one or more protected characteristics:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race (including colour, nationality or ethnic origin)
• Religion or belief
• Sex
• Sexual orientation

These characteristics attract legal protection whether you are an employee, a worker (including casual workers and agency staff), a job applicant or a former worker.

Types of Discrimination at Work

Discrimination can arise in many forms. The Equality Act recognises several main types:

Direct Discrimination

Direct discrimination occurs when you are treated less favourably than another person because of a protected characteristic. This applies even if you are perceived to have a protected characteristic or are treated unfavourably because of your association with someone who has it.

Example: Rejecting a woman for a promoted role on the basis that “men suit leadership positions better” would be direct discrimination because of sex.

Indirect Discrimination

Indirect discrimination arises where a workplace rule, policy or practice applies to everyone but places people with a protected characteristic at a disproportionate disadvantage, and the employer cannot objectively justify it.

Example: A requirement to work full‑time evening shifts could disadvantage workers with childcare responsibilities (often women), unless the employer can justify the requirement.

Harassment

Harassment is unwanted conduct related to a protected characteristic that violates dignity or creates a hostile environment. This can include offensive remarks, jokes, or actions that demean someone because of who they are.

Victimisation

Victimisation occurs when you are treated unfavourably because you have made or supported a complaint about discrimination, raised a grievance, or helped someone else do so.

Your Rights and Your Employer's Duties

Protection from Unlawful Treatment

Under the Equality Act, you cannot be subjected to discriminatory treatment in any aspect of work:

• Recruitment and job offers
• Terms and conditions of employment
• Pay and benefits
• Promotion, training and transfers
• Dismissal and redundancy decisions
• Workplace policies and procedures

Employers have a legal duty to prevent discrimination and to take reasonable steps to protect workers from discriminatory conduct by colleagues and managers. This includes taking steps to prevent harassment and ensuring workplace policies comply with equality law.

Reasonable Adjustments for Disability

If you are disabled, your employer must make reasonable adjustments to remove or reduce disadvantages you face at work. This can include changes to application processes, work patterns, physical workplace adjustments, and support during disciplinary or redundancy procedures.

What to Do If You Face Discrimination at Work

1. Keep a Record

Document what happened, including dates, times, people involved, what was said or done, and any witnesses. Detailed records are valuable evidence for internal procedures and tribunal claims.

2. Raise the Issue Informally

Sometimes workplace discrimination can be addressed through informal discussion with your manager or HR department, particularly if the atmosphere allows open communication. Mention clearly that the treatment feels discriminatory because of a protected characteristic.

3. Follow Your Employer's Grievance Procedure

If informal resolution does not work, use your employer's formal grievance procedure. Put your complaint in writing, stating specific incidents and the protected characteristic involved. Employers are expected to investigate complaints promptly and impartially.

4. Seek External Support

You can contact:

• Acas (Advisory, Conciliation and Arbitration Service) – provides free, impartial advice and early conciliation services to help resolve disputes without tribunal litigation.
• Equality Advisory and Support Service (EASS) – specialist advice on discrimination rights.
• Citizens Advice – support with discrimination issues and navigating procedures.
• A trade union representative (if you belong to a union).

Bringing a Claim to an Employment Tribunal

If internal steps do not resolve your complaint, you may be able to bring a claim to an employment tribunal. Tribunal claims can seek remedies including compensation, recommendations for changes to employer practices, and declarations that discrimination occurred.

Early Conciliation with Acas

Before lodging a tribunal claim, you must contact Acas for early conciliation. This is a mandatory step and can often lead to settlement without tribunal proceedings.

Time Limits

Most discrimination claims must be presented to an employment tribunal within three months minus one day from the date of the discriminatory act. If you miss this deadline, the tribunal may refuse to hear your claim unless there are exceptional reasons.

Remedies and Compensation

If a tribunal finds discrimination, it can award:

• Compensation for financial loss (such as lost earnings)
• Compensation for injury to feelings
• Reinstatement or re‑engagement orders (in some circumstances)

There is no strict cap on compensation for discrimination claims, but amounts vary depending on the facts and impact of the discrimination.

Practical Issues and Risks

Confidentiality Agreements

Recent proposed changes to employment law seek to prevent employers using non‑disclosure agreements (NDAs) to silence workers about harassment or discrimination. This would mean confidentiality clauses in settlements that restrict discussion of discriminatory treatment could be void.

Constructive Dismissal

In some cases, discrimination may lead to a breakdown in the employment relationship, and you may feel forced to resign. This can amount to constructive dismissal if the employer's conduct breaches a fundamental term of your contract. Constructive dismissal may give rise to separate claims before a tribunal, but careful legal analysis and evidence are required.

Vicarious Liability

Employers can be held vicariously liable for discriminatory acts of their employees carried out during employment. This means the employer may be responsible for actions of managers or colleagues if those actions occurred in the course of their duties.

Common Questions

Can I make a discrimination claim if I am not an employee?
Yes. Workers, contractors, agency staff and job applicants are protected under the Equality Act.

What if I am treated unfairly for a reason not covered by protected characteristics?
Unfair treatment not linked to a protected characteristic may still be actionable under other employment laws (such as wrongful dismissal), but it would not be an equality discrimination claim.

Do I need a solicitor to take a tribunal claim?
You can represent yourself, but many people seek legal advice or representation to strengthen their case and manage procedural requirements.

Key Takeaways

In England and Wales, you have strong legal rights if you face discrimination at work. The Equality Act 2010 protects against direct and indirect discrimination, harassment and victimisation tied to protected characteristics. Start by documenting events and raising concerns internally; if unresolved, consider early conciliation with Acas and, where appropriate, a claim to an employment tribunal. Accurate records, understanding of legal deadlines and access to support services enhance your ability to pursue remedies, including compensation. Legal reforms aimed at preventing misuse of confidentiality clauses may further empower workers to speak out about discriminatory conduct.