Workplace Discrimination: Your Rights Under the Equality Act 2010

The Equality Act 2010 prohibits discrimination in the workplace on the basis of nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Discrimination can take several forms, and understanding which applies to your situation is the first step in assessing your options.

Types of discrimination

Direct discrimination occurs when you are treated less favourably than someone else because of a protected characteristic — for example, not being promoted because of your age. Indirect discrimination occurs when a seemingly neutral policy or practice puts people with a protected characteristic at a disadvantage — for example, requiring all staff to work Sundays, which disproportionately affects those whose religion prohibits Sunday working. Harassment involves unwanted conduct related to a protected characteristic that has the purpose or effect of violating dignity or creating an intimidating, hostile, or humiliating environment. Victimisation occurs when you are treated badly because you have made or supported a complaint of discrimination.

Disability discrimination

Disability discrimination has additional dimensions. Your employer has a duty to make reasonable adjustments to remove or reduce disadvantage caused by a disability — failing to do so is itself a form of discrimination. There is also a specific type called discrimination arising from disability, where you are treated unfavourably because of something arising from your disability, even if the treatment is not directly linked to the disability itself.

How do you prove discrimination?

Discrimination is rarely admitted openly. You build a case from circumstantial evidence — comparators who were treated differently, patterns of behaviour, comments made, documentation, and the employer’s response to grievances. Once you establish facts from which discrimination could be inferred, the burden shifts to the employer to prove a non-discriminatory explanation. A solicitor can help you identify and preserve the right evidence.

Grievance procedure

Before bringing a tribunal claim, you should raise a formal written grievance with your employer. This creates a record, gives your employer the opportunity to investigate and remedy the situation, and can increase any tribunal award if your employer fails to follow the ACAS Code of Practice. Keep copies of all correspondence.

Compensation for discrimination

Unlike unfair dismissal, discrimination compensation is uncapped. It covers financial loss — lost earnings past and future — and an injury to feelings award, which reflects the distress caused. Injury to feelings awards are categorised in three Vento bands: lower (£1,100–£11,200), middle (£11,200–£33,700), and upper (£33,700–£56,200), with exceptional cases going higher. Aggravated damages can be awarded where the employer’s conduct was particularly high-handed.