Your Rights When Facing Workplace Discrimination

Workplace discrimination affects thousands of people in England and Wales each year. It can take many forms - from biased recruitment and unfair dismissal to harassment or unequal pay - and can have serious effects on earnings, career prospects and wellbeing. Fortunately, UK law provides clear protections for employees, workers, job applicants and former workers, and sets out practical steps that someone experiencing unlawful discrimination can take to address it. This guide explains your rights, how discrimination law works, the legal process for making a claim, time limits, potential remedies and common questions in straightforward language. It is suitable for members of the public, students and solicitors seeking a solid understanding without personalised legal advice.

What is Workplace Discrimination?

Workplace discrimination occurs when someone is treated unfairly because of characteristics protected by law under the Equality Act 2010. Protected characteristics include:

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

Discrimination can occur at various stages of employment, including recruitment, terms and conditions, training, promotion, pay, redundancy and dismissal. Employers must also make reasonable adjustments to support disabled employees and job applicants, such as adjusting duties or providing equipment to enable participation at work.

Discrimination can take several forms:

• Direct discrimination - being treated worse because of a protected characteristic.
• Indirect discrimination - a workplace rule that applies to everyone but disadvantages those with a protected characteristic.
• Harassment - unwanted conduct linked to a protected characteristic that violates dignity or creates an offensive environment.
• Victimisation - being treated badly because you have complained about discrimination or supported someone else's complaint.

Your Legal Rights at Work

Protection Under the Equality Act 2010

The Equality Act 2010 makes discrimination unlawful in the workplace. It covers all types of jobs and employment relationships, including:

• Employees
• Workers (including some agency and zero‑hours staff)
• Job applicants
• Former employees

Employers have a legal duty to prevent discrimination, take steps to reduce discriminatory practices and provide a safe and inclusive environment for all staff. Failure to do so can lead to legal claims at an Employment Tribunal.

Reasonable Adjustments for Disability

If you are disabled - defined broadly under the Equality Act - your employer must make reasonable adjustments where the workplace or their practices put you at a disadvantage. Examples include adjusting work equipment, modifying duties or changing policies to accommodate your needs. Failing to make these adjustments can be unlawful discrimination.

How to Deal with Discrimination at Work

1. Address It Informally

If you feel safe doing so, start by discussing your concerns with your manager or HR department. Many workplaces have grievance procedures designed to address complaints informally or formally. Keeping written records of incidents, dates and outcomes can be valuable later.

2. Seek Support

You may get help from:

• Acas (Advisory, Conciliation and Arbitration Service) - free workplace advice and conciliation services.
• Citizens Advice - general legal and practical support.
• Trade unions - representation and support where applicable.
• Equality Advisory Support Service (EASS) - helpline for discrimination issues.

Acas also provides Early Conciliation, which is often a mandatory step before making an employment tribunal claim. This can offer a structured negotiation process that may resolve disputes without formal litigation.

Making a Claim to an Employment Tribunal

If informal or conciliatory steps do not resolve the issue, you can take your claim to an Employment Tribunal.

Early Conciliation with Acas

Before submitting a tribunal claim you must contact Acas to start Early Conciliation. This pauses the time limit for filing a claim while you attempt to reach a settlement with your employer. If conciliation does not resolve the dispute, Acas will issue a certificate that you need to include in your tribunal claim.

Filing the Claim

You can make a claim using the ET1 form through the official Employment Tribunal service. Your claim should:

• Set out what happened and why the treatment was discriminatory.
• Identify the protected characteristic involved.
• State what remedies you are seeking (for example compensation for injury to feelings or lost earnings).
• Include your Acas Early Conciliation certificate.

Claims can be made against your employer, and in some circumstances against individual workers responsible for discriminatory acts.

Time Limits for Claims

Claims for employment discrimination generally must be submitted within three months less one day from the date of the discriminatory act or the last act in a series you are complaining about. This time limit is strict - meaning the tribunal may refuse to hear your case if it is late unless there are compelling reasons for an extension.

If there have been ongoing discriminatory behaviours, for example repeated comments or actions over several months, the time limit may be calculated from the last act in the series. However, this can be legally complex, and early advice and quick action is advisable.

Remedies and Potential Compensation

1. Compensation

If your discrimination claim is successful, the Employment Tribunal can award compensation for:

• Injury to feelings - compensation for emotional distress and impact on dignity.
• Financial loss - including lost wages, pension loss or reduced benefits.
• Aggravated damages - in limited circumstances where the employer's conduct was particularly serious.

Compensation aims to put you, as far as possible, in the position you would have been in but for the discrimination.

2. Recommendations and Orders

In some cases, tribunals can make recommendations to your employer - such as reviewing policies, providing training, or making other changes to prevent future discrimination.

Practical Risks and Considerations

Evidence Gathering

Strong evidence supports a successful claim. Keep records of:

• Emails and messages showing discriminatory conduct.
• Incident logs with dates, times and witnesses.
• Notes of meetings related to complaints.
• Medical evidence where discrimination impacted health.

Costs and Funding

Employment tribunal claims do not require you to pay court fees, but obtaining legal advice or representation may involve costs. Some solicitors offer No Win, No Fee arrangements, but you should always clarify funding terms before engaging legal services.

Confidentiality and NDAs

Proposed legal reforms in the UK seek to limit the ability of employers to use confidentiality clauses to cover up discrimination and harassment in settlement agreements. This development aims to support transparency and allow victims and witnesses to speak openly about their experiences.

Common Questions

Can I be dismissed for complaining about discrimination?
No. If you raise a genuine complaint, you are protected from victimisation - retaliation such as being dismissed or treated poorly because you complained.

What is harassment vs discrimination?
Harassment is unwanted conduct related to a protected characteristic that violates dignity or creates a hostile environment. It can be a form of discrimination. Discrimination covers both this and less favourable treatment because of a characteristic.

Are fixed‑term or part‑time workers protected?
Yes. Protections against discrimination cover most employment types, including part‑time, temporary and fixed‑term contracts.

Key Takeaways

Workplace discrimination under the Equality Act 2010 is unlawful in England and Wales. You have clear legal rights if you face direct discrimination, indirect discrimination, harassment or victimisation related to protected characteristics such as age, disability, race, sex, religion or sexual orientation. Early steps include raising concerns informally, seeking help from Acas, and engaging in Early Conciliation before submitting a claim to an Employment Tribunal. Claims must be brought within three months less one day from the discriminatory act. Successful claims can result in compensation for injury to feelings and financial loss, and orders to prevent future discrimination. Gathering strong evidence and considering legal support can improve your chances of an effective outcome.