Understanding Discrimination
Understanding Discrimination
Discrimination, in the context of UK law, means being treated unfairly or less favourably because of certain personal characteristics. The main law that protects people from discrimination in England, Wales, and Scotland is the Equality Act 2010. This Act sets out clear rules about what counts as discrimination and who is protected.
What Does Discrimination Mean?
Under the Equality Act 2010, discrimination happens when someone is treated differently because of a “protected characteristic”. These include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. If you have experienced unfair treatment linked to any of these characteristics, you may have grounds for a discrimination claim.
To better understand what counts as discrimination, it’s important to look at the different ways it can happen.
Types of Discrimination
Discrimination can take several forms. The main types recognised by UK law are:
1. Direct Discrimination
This is when someone is treated less favourably than another person because of a protected characteristic. For example, if a job applicant is rejected because of their race or a woman is paid less than a man for the same work, this could be direct discrimination.
2. Indirect Discrimination
Indirect discrimination happens when a policy or rule applies to everyone but disadvantages people with a particular protected characteristic. For instance, if an employer requires all staff to work full-time, this could put women (who are more likely to work part-time due to childcare) at a disadvantage, unless the employer can justify the rule.
3. Harassment
Harassment is unwanted behaviour related to a protected characteristic that makes someone feel intimidated, degraded, or humiliated. Examples include offensive jokes, comments, or gestures aimed at someone’s religion or sexual orientation.
4. Victimisation
Victimisation occurs when someone is treated badly because they have made a complaint about discrimination or helped someone else make a complaint. For example, if you support a colleague’s discrimination claim and then face unfair treatment as a result, this could amount to victimisation.
Does Your Experience Count as Discrimination?
It’s not always easy to tell if what you’ve experienced is legally considered discrimination. The law is specific about what situations are covered and what evidence is needed. If you’re unsure, reading more about your legal rights related to discrimination can help clarify your position and guide your next steps.
The Role of the Equality Act 2010
The Equality Act 2010 brings together previous anti-discrimination laws and provides a single legal framework. It protects people from discrimination at work, in education, when using public services, or even when buying goods and services. Knowing your rights under this Act is the first step towards recognising and challenging unfair treatment.
If you think you have been discriminated against, understanding these basic principles can help you decide whether to take further action. For more detailed guidance, see our section on what counts as discrimination.
Types of Discrimination
Types of Discrimination
When starting a discrimination claim in the UK, it’s important to understand the different ways discrimination can happen. The Equality Act 2010 sets out several types of unlawful discrimination. Knowing these can help you identify if you have experienced discrimination and how to describe it in your claim.
Direct Discrimination
Direct discrimination happens when someone is treated less favourably than another person because of a protected characteristic, such as their age, race, sex, disability, religion or belief, sexual orientation, gender reassignment, marriage and civil partnership, or pregnancy and maternity.
For example, if a job applicant is turned down solely because they are disabled, or if an employee is paid less than others doing the same job because of their race, this would be direct discrimination. The key point is that the unfair treatment is directly linked to the individual’s protected characteristic.
Indirect Discrimination
Indirect discrimination occurs when a policy, rule, or practice applies to everyone but puts people with a particular protected characteristic at a disadvantage compared to others. This type of discrimination may not be obvious at first, but it can have a significant impact.
For instance, if an employer introduces a rule that all staff must work full-time, this could disadvantage women, who are more likely to have caring responsibilities and need part-time work. Unless the employer can show that the rule is necessary and can be justified for a good business reason, it may amount to indirect discrimination under the Equality Act 2010.
Harassment
Harassment is unwanted behaviour related to a protected characteristic that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. This could include abusive jokes, offensive comments, or unwanted physical contact.
For example, making derogatory remarks about someone’s religion or repeatedly mocking a colleague’s disability would be considered harassment. The law recognises that harassment can affect people even if the behaviour is not directed at them personally.
Victimisation
Victimisation happens when someone is treated badly because they have made a complaint about discrimination, supported someone else’s complaint, or raised concerns about equality issues. The Equality Act 2010 protects individuals from being punished or disadvantaged for asserting their rights under the Act.
An example of victimisation would be if an employee is ignored for promotion or given unfavourable shifts after making a formal complaint about harassment. It is unlawful for employers or service providers to retaliate against someone for taking steps to challenge discrimination.
Understanding these types of discrimination can help you decide whether you have a valid claim and how best to present your case. If you believe you have experienced any of these forms of discrimination, you may wish to take further steps to protect your rights.
Protected Characteristics Under the Equality Act 2010
When starting a discrimination claim in the UK, it’s important to understand what “protected characteristics” are and why they matter. Protected characteristics are specific personal traits or attributes that are legally safeguarded from unfair treatment under the Equality Act 2010. This means it is unlawful for someone to discriminate against you because of these particular aspects of who you are.
Knowing whether your situation involves a protected characteristic is a key first step in building a strong discrimination claim. If the unfair treatment you experienced is linked to one of these characteristics, you are more likely to have legal grounds to take action.
The Equality Act 2010 sets out nine protected characteristics. These are:
- Age – This covers people of all ages, whether young or old.
- Disability – If you have a physical or mental impairment that has a substantial and long-term negative effect on your ability to do normal daily activities, you are protected.
- Gender reassignment – Protection applies if you are proposing to undergo, are undergoing, or have undergone a process to change your gender.
- Marriage and civil partnership – You are protected from discrimination at work if you are married or in a civil partnership.
- Pregnancy and maternity – This covers discrimination because you are pregnant or on maternity leave.
- Race – This includes colour, nationality, ethnic or national origins.
- Religion or belief – Protection applies to all religions, religious beliefs, and also to those with no religion or belief.
- Sex – Both men and women are protected from discrimination based on their sex.
- Sexual orientation – This covers discrimination because you are gay, lesbian, bisexual, heterosexual, or any other sexual orientation.
If you believe you have been treated unfairly because of any of these characteristics, you may have grounds for a discrimination claim. It’s important to be clear about which protected characteristic is relevant to your situation, as this will support your case when making a formal complaint or taking further legal steps.
For a more detailed explanation and examples of each protected characteristic, you can visit our page on protected characteristics under the Equality Act 2010. This resource can help you understand exactly what is covered and how the law applies to different circumstances.
Understanding your rights in relation to protected characteristics is essential for anyone considering a discrimination claim. If you are unsure whether your experience falls under one of these categories, reviewing the detailed guidance can help you decide how best to proceed.
Steps to Start a Discrimination Claim
Starting a discrimination claim in the UK involves several important steps. Understanding the process can help you protect your rights and give your case the best chance of success. Here’s what you need to do:
1. Gather Evidence and Document Incidents
The first step is to collect as much evidence as possible. This includes keeping detailed records of what happened, when, and who was involved. Save any relevant emails, messages, or notes from meetings, and consider keeping a diary of incidents. Evidence can also include witness statements or official documents. For more detailed guidance on what counts as useful proof, see our page on the evidence needed to prove discrimination.
2. Make a Formal Complaint
Before starting a formal claim, it’s usually best to raise the issue with your employer or the service provider directly. Most organisations have a grievance or complaints procedure you should follow. Set out your concerns in writing, clearly explaining what happened and why you believe it was discrimination. This gives the organisation a chance to investigate and potentially resolve the matter without legal action.
3. Submit a Claim to an Employment Tribunal or Court
If your complaint isn’t resolved, you can make a formal claim. For workplace discrimination, this usually means submitting a claim to an employment tribunal. For discrimination outside of work (for example, by a shop or public service), you may need to go to court. The process involves filling in the correct forms and providing details about your case and the evidence you have gathered.
4. Be Aware of Strict Time Limits
It’s important to act quickly. In most cases, you must start your claim within 3 months from the incident. This time limit generally begins on the date the discriminatory act took place. If there were a series of related incidents, the deadline usually starts from the last incident. Missing the deadline can mean your claim won’t be considered, so don’t delay.
5. Seek Legal Advice and Support
Discrimination law can be complex, and every case is different. Getting advice from a solicitor, trade union, or a specialist advice organisation can help you understand your options and strengthen your claim. They can also support you through the process, from gathering evidence to representing you at a tribunal or court.
For more information on your rights and what to expect during a discrimination case, visit our page on understanding your discrimination rights. Taking these steps can help you prepare your case effectively and increase your chances of a positive outcome.
Making a Formal Complaint
Making a Formal Complaint
Before starting a discrimination claim, it is important to make a formal complaint to your employer or the service provider involved. This step is often called “raising a grievance” at work, or making a complaint to the organisation if you have experienced discrimination when using a service (such as in a shop, school, or hospital).
How to Raise the Issue
Start by checking if your employer or the organisation has a written complaints or grievance procedure. This is usually found in your staff handbook, contract, or on the organisation’s website. Following the correct process can help ensure your complaint is taken seriously and handled properly.
If there is no set procedure, you can still make a complaint in writing. Address your complaint to the relevant person, such as your manager, human resources department, or the organisation’s complaints team.
What to Include in Your Complaint
Your complaint should be clear, detailed, and factual. Include the following information:
- What happened: Clearly describe the incident or behaviour you believe was discriminatory. Be specific about actions, words, or decisions that you feel were unfair.
- When it happened: Provide dates and times of the incidents. This helps establish a timeline and shows that you are acting promptly.
- Who was involved: Name the individuals or groups involved in the discrimination, including any witnesses who saw or heard what happened.
- How it affected you: Explain the impact the discrimination has had on you, such as emotional distress, financial loss, or changes to your working conditions.
- Why you believe it was discrimination: Refer to the protected characteristic you feel was targeted (such as age, disability, race, sex, religion, or another protected characteristic under the Equality Act 2010).
- What outcome you want: State what you would like to happen as a result of your complaint. This could include an apology, a change in policy, or compensation.
It’s helpful to keep copies of all correspondence and notes of any meetings or conversations relating to your complaint.
Why Making a Formal Complaint Is Important
Making a formal complaint is a vital step before taking your case to an employment tribunal or court. Under the Equality Act 2010, tribunals expect you to try to resolve the issue informally first, if possible. This shows you have given the employer or service provider a chance to address the problem.
Raising a complaint can sometimes lead to a resolution without the need for legal action. Even if the issue is not resolved, your complaint creates a written record of your concerns and your efforts to solve the problem. This can be valuable evidence if you later decide to make a formal discrimination claim.
It is also important to act promptly. There are strict time limits for making a discrimination claim – usually three months less one day from the date of the last discriminatory act. Making a formal complaint early can help ensure you do not miss these deadlines.
If you are unsure about how to write your complaint or what to include, consider seeking advice from a union representative, Citizens Advice, or a legal professional.
Time Limits for Claims
Time Limits for Claims
If you believe you have been discriminated against at work, it is crucial to be aware of the strict time limits for bringing a claim to an employment tribunal. In most cases, you must start your claim within three months less one day from the date when the discrimination occurred. This deadline applies to claims made under the Employment Tribunals Act 1996, which governs how claims are handled in the UK.
How the Time Limit Works
The three-month time limit usually starts from:
- The date of the last act of discrimination, or
- The date your employment ended, if the discrimination was ongoing up to that point.
For example, if you experienced discrimination at work on 1 January, you must submit your claim to the tribunal by 31 March. If the discrimination happened over a period of time, the clock usually starts ticking from the last incident.
Possible Exceptions and Extensions
There are very few circumstances where the tribunal will consider a claim after the deadline. However, the tribunal does have the discretion to extend the time limit if it believes it is “just and equitable” to do so. This is rare and only granted in exceptional situations, such as if you were seriously ill or there was another compelling reason you could not make your claim in time.
It’s also important to note that before making a claim, you are usually required to contact Acas (the Advisory, Conciliation and Arbitration Service) to try to resolve the dispute through Early Conciliation. The time spent in Early Conciliation is not counted towards your three-month deadline, but you should still act quickly to ensure you do not run out of time.
Why Acting Quickly Matters
Missing the deadline is one of the most common reasons claims are rejected by the tribunal. Even if you have a strong case, the tribunal is unlikely to accept your claim if it is made late, unless you can prove exceptional circumstances. To protect your rights, it’s best to start the process as soon as possible after the discrimination occurs.
For more details on how employment tribunals work and the laws that apply, you can read about the Employment Tribunals Act 1996 on the official Courts and Tribunals Judiciary website.
If you are unsure about your deadline or how to start your claim, consider seeking legal advice promptly to avoid missing out on your right to take action.
Getting Support and Additional Help
Starting a discrimination claim can feel overwhelming, but you don’t have to face it alone. There are many sources of free advice and support to help you understand your rights, prepare your case, and look after your wellbeing throughout the process.
Where to Get Free Legal Advice
If you’re unsure about your next steps or need help with the legal process, organisations like Citizens Advice offer free, confidential advice. They can guide you on how to gather evidence, what to expect from the legal process, and what kind of outcome you might seek (such as compensation or changes to a discriminatory policy). Citizens Advice also explains the types of orders you can ask for in court and provides practical support at each stage.
Specialist equality organisations can also help. These groups often provide guidance tailored to specific types of discrimination, such as those based on race, gender, disability, or age. They may offer helplines, template letters, and information about your rights under the Equality Act 2010.
Support for Mental Health, Disability, and Related Issues
Discrimination can have a serious impact on your mental wellbeing. If you’re struggling with stress, anxiety, or other mental health challenges related to your experience, it’s important to seek support. There are mental health support services that can offer advice, counselling, or practical help, especially if your discrimination claim involves mental health issues.
If your claim relates to a disability, you may also be eligible for additional support and financial assistance. Understanding disability benefits can help you access the resources you need while your claim is ongoing. These benefits are designed to provide extra help for people with disabilities, whether or not your discrimination claim is successful.
Help with Other Legal and Practical Issues
Sometimes, discrimination overlaps with other legal problems. For example, if you’re facing discrimination when trying to rent or keep a home, you may also need information about housing assistance. Understanding your housing rights can be crucial if discrimination has affected your living situation.
If your situation involves domestic abuse or threats, you may need legal help for domestic abuse victims. The law provides protections for those facing abuse, and there is support available to help you stay safe and access justice.
Discrimination can also occur when using public services, such as healthcare, education, or local government services. If you’re experiencing unfair treatment in these settings, see our guide to fighting discrimination in public services for information on your rights and how to challenge discrimination effectively.
Practical Tips
- Keep records of all incidents, correspondence, and decisions related to your claim.
- Reach out for support early – advice services can help you avoid common pitfalls.
- Don’t hesitate to ask for reasonable adjustments if you need them, especially if you have a disability.
Getting the right help can make a big difference in your experience and the outcome of your discrimination claim. Remember, you are not alone – support is available every step of the way.
