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Equality Act 2010 - The primary anti-discrimination statute
Employment Rights Act 1996 - Protects against dismissal for asserting equality rights
Human Rights Act 1998 - Additional protections via the ECHR
ACAS Code of Practice - Expected procedural standards Age
Disability
Gender reassignment
Marriage and civil partnership (employment context only)
Pregnancy and maternity
Race (including colour, nationality, ethnic origin)
Religion or belief
Sex
Sexual orientation
Treating someone less favourably because of a protected characteristic. For example, not promoting someone because of their race.
Applying a provision, criterion, or practice that puts people with a shared protected characteristic at a particular disadvantage. For example, a requirement to work full-time that disproportionately affects women with childcare responsibilities.
Unwanted conduct related to a protected characteristic that violates dignity or creates a hostile environment. This includes sexual harassment.
Treating someone badly because they have made or supported a discrimination complaint.
For disabled employees, the employer must take reasonable steps to remove barriers. This might include modified duties, flexible hours, equipment, or physical modifications.
Document every incident with dates, times, witnesses, and what was said or done. Save emails and messages.
Write to your employer identifying the discrimination and the protected characteristic involved. Reference the specific section of the Equality Act.
Contact ACAS within 3 months less 1 day of the last discriminatory act. Where discrimination is ongoing, this runs from the last act in the series.
If conciliation does not resolve the matter, file your tribunal claim. You may also submit an Equality Act questionnaire (a formal request for information from the employer about their reasons and policies).No cap on discrimination compensation (unlike unfair dismissal)
Injury to feelings (Vento bands): Lower (£1,100-£11,200), Middle (£11,200-£33,700), Upper (£33,700-£56,200), Exceptional (above £56,200)
Financial losses: Past and future earnings, pension, benefits
Aggravated damages: Where the employer's conduct is particularly egregious
Recommendations: The tribunal can recommend actions the employer must take Time limit: 3 months less 1 day from the last discriminatory act (or last act in a continuing series)
Burden of proof shifts: Once you show facts from which discrimination could be inferred, the employer must prove it was not discriminatory (Section 136)
Third-party harassment: Employers can be liable for harassment by customers or clients if they fail to take reasonable steps
Comparator: For direct discrimination, you need a real or hypothetical comparator (someone without the protected characteristic in materially the same circumstances)
Employment
Workplace Discrimination Claims
Overview
The Equality Act 2010 protects employees (and job applicants) from discrimination based on 9 protected characteristics. Discrimination claims have no minimum service requirement and no cap on compensation, making them among the most significant employment tribunal claims.
Key Legislation
The 9 Protected Characteristics
Types of Discrimination
Direct Discrimination (Section 13)
Treating someone less favourably because of a protected characteristic. For example, not promoting someone because of their race.
Indirect Discrimination (Section 19)
Applying a provision, criterion, or practice that puts people with a shared protected characteristic at a particular disadvantage. For example, a requirement to work full-time that disproportionately affects women with childcare responsibilities.
Harassment (Section 26)
Unwanted conduct related to a protected characteristic that violates dignity or creates a hostile environment. This includes sexual harassment.
Victimisation (Section 27)
Treating someone badly because they have made or supported a discrimination complaint.
Failure to Make Reasonable Adjustments (Section 20-21)
For disabled employees, the employer must take reasonable steps to remove barriers. This might include modified duties, flexible hours, equipment, or physical modifications.
Step-by-Step: How to Bring a Claim
Step 1: Keep a Detailed Record
Document every incident with dates, times, witnesses, and what was said or done. Save emails and messages.
Step 2: Raise a Grievance
Write to your employer identifying the discrimination and the protected characteristic involved. Reference the specific section of the Equality Act.
Step 3: ACAS Early Conciliation
Contact ACAS within 3 months less 1 day of the last discriminatory act. Where discrimination is ongoing, this runs from the last act in the series.
Step 4: File an ET1
If conciliation does not resolve the matter, file your tribunal claim. You may also submit an Equality Act questionnaire (a formal request for information from the employer about their reasons and policies).
Compensation
Key Points
EvenStance Can Help
EvenStance can help you identify the type of discrimination, draft your grievance, prepare your ACAS notification, and build your tribunal claim with the right legal references and evidence structure.
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