Workplace Discrimination.

The Equality Act 2010 protects against certain unlawful treatment connected with protected characteristics, including age, disability, gender reassignment, marriage and civil partnership in relevant contexts, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

Discrimination can arise during recruitment, while you are employed and in some situations after employment has ended. Not every unfair management decision is unlawful discrimination. The key is identifying the relevant legal protection and how the employer’s conduct meets the statutory test.

There are several distinct routes to a claim. Direct discrimination generally concerns less favourable treatment because of a protected characteristic. Indirect discrimination can arise when a seemingly neutral rule disproportionately disadvantages a protected group and cannot be objectively justified.

Other claims include harassment related to certain protected characteristics, victimisation for protected acts, discrimination arising from disability, and failures to make reasonable adjustments. Each has its own legal test. A solicitor can help identify the correct cause of action rather than applying one general label.

Harassment under the Equality Act generally involves unwanted conduct related to a relevant protected characteristic which has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. Sexual harassment has a separate definition involving unwanted conduct of a sexual nature.

Examples may include offensive comments, degrading jokes, inappropriate messages or repeated unwanted behaviour. The circumstances and the effect on the individual matter. You can obtain specific advice where the behaviour concerns sexual harassment at work.

Victimisation can arise where someone suffers a detriment because they have done, or are believed to have done, a protected act under the Equality Act. This might involve bringing discrimination proceedings, giving evidence, raising an allegation of discrimination or supporting another person’s complaint.

For example, an employee who makes a genuine discrimination complaint and is then excluded from promotion as a result may have a victimisation claim. The law does not protect allegations made in bad faith, and the evidence must support the link between the protected act and treatment.

Employers may be required to make reasonable adjustments to reduce substantial disadvantages experienced by disabled employees. Adjustments can relate to working hours, physical features, equipment or workplace practices. The duty depends on the circumstances and the relevant statutory requirements.

Where an employer disciplines or dismisses someone following disability-related absence, both discrimination law and unfair dismissal rights may need to be considered. Medical evidence, employer knowledge and the feasibility of adjustments can be important.

Evidence can include emails, messages, recruitment records, appraisal notes, meeting invitations, grievance documents and records of comparable treatment. You may also need evidence about how a policy affects people sharing a protected characteristic.

A useful starting point is a dated chronology which records what happened, who was involved and the impact. Do not obtain confidential information unlawfully. We can help identify the issues that require proof and what documents may be sought through formal disclosure.

A grievance may allow your employer to investigate and resolve concerns, particularly where behaviour is ongoing. Explain the incidents, the protected characteristic involved where relevant, the impact and what outcome you are asking for.

You do not have to complete every internal step before seeking legal advice. A grievance does not automatically extend the tribunal deadline. Depending on the circumstances, the matter may also be suitable for a negotiated settlement agreement.

A successful discrimination claim may lead to compensation for financial loss and injury to feelings, and sometimes other remedies such as a recommendation. There is no ordinary statutory cap on discrimination compensation, but awards depend on the evidence and applicable legal principles.

Where the same facts also amount to dismissal, a related unfair dismissal claim may need to be assessed. The way losses are calculated can differ between claims.

For most Employment Tribunal claims arising from events on or after 1 October 2026, the usual deadline is six months less one day. Events before that date will generally retain the previous three-month limit, subject to claim-specific exceptions. The date from which time runs depends on the claim, so identify it carefully.

You usually need to notify Acas before bringing a claim. Doing so within time can pause the limitation clock while Early Conciliation takes place. An internal grievance, disciplinary appeal or settlement discussion does not itself extend the deadline. Some urgent claims, including applications for interim relief, have much shorter limits. Our Employment Tribunal solicitors can help you establish the deadline that applies.

Where there has been a series of incidents, the date of the last incident may be important, but do not assume that every earlier incident automatically remains in time. Seek advice promptly.

The likely legal work depends on the nature of the discrimination complaint, the number of incidents, the evidence available and whether the matter can be resolved through negotiation or requires a tribunal claim. We will discuss the scope of advice and the relevant engagement terms before work begins.

If the matter includes unfair or wrongful dismissal tribunal proceedings, our employment law pricing page provides further information about those services.