Understanding Discrimination Under UK Law
Discrimination, in simple terms, means treating someone unfairly because of who they are or certain personal characteristics. UK law is designed to protect people from this kind of unfair treatment, making sure everyone has equal opportunities and is treated with respect and dignity.
The main law covering discrimination in the UK is the Equality Act 2010. This law sets out clear rules about what counts as discrimination and makes it illegal in many everyday situations. Discrimination can happen at work, in education, when using public services, or even when buying goods and services.
Understanding what counts as discrimination is important for protecting your rights. If you know the law, you can spot unfair treatment and take steps to challenge it. For a clear explanation of what discrimination means and how the law protects you, you can read more in this helpful guide: What is discrimination? – Report + Support – University of Oxford.
If you want to learn more about your rights or what to do if you think you’ve been treated unfairly, visit our main discrimination page for further guidance.
Protected Characteristics That Can Lead to Discrimination
The Equality Act 2010 sets out a list of characteristics that are protected by law to prevent people from being treated unfairly. These are known as protected characteristics. If you are treated differently or unfairly because of any of these, it may count as discrimination.
The protected characteristics under the Equality Act 2010 are:
- Age – This covers people of all ages, whether young or old.
- Disability – Protection applies if you have a physical or mental impairment that has a substantial and long-term negative effect on your ability to carry out normal activities.
- Gender reassignment – If you are undergoing, have undergone, or plan to undergo a process to change your gender, you are protected. For more information, see gender.
- Marriage and civil partnership – You are protected against discrimination if you are married or in a civil partnership.
- Pregnancy and maternity – This covers discrimination due to pregnancy or maternity leave.
- Race – This includes colour, nationality, ethnic or national origins.
- Religion or belief – Protection applies to people of any religion or belief, as well as those with no religion or belief.
- Sex – This means being male or female.
- Sexual orientation – Whether you are attracted to people of the same sex, the opposite sex, or both.
These characteristics are legally protected to ensure everyone is treated fairly at work, in education, when using public services, and in many other areas of daily life.
To learn more about each characteristic and how the law protects you, visit our page on protected characteristics under the Equality Act 2010.
Types of Discrimination
Discrimination under UK law takes several forms, each with its own definition and rules under the Equality Act 2010. All types are unlawful when they relate to one or more protected characteristics, such as age, race, disability, sex, or religion.
Here are the main types of discrimination recognised in the UK:
Direct Discrimination
This happens when someone is treated less favourably than others because of a protected characteristic. For example, if an employer refuses to hire someone because of their race, this is direct discrimination. Intent is usually required – there must be a clear link between the treatment and the characteristic.
Indirect Discrimination
Indirect discrimination occurs when a rule or policy applies to everyone but puts people with a particular protected characteristic at a disadvantage. For instance, a dress code banning head coverings could indirectly discriminate against certain religious groups. Here, the focus is on the effect of the policy, not the intent.
Harassment
Harassment involves unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates a hostile environment. For example, making offensive jokes about someone’s disability at work is harassment. The law looks at the impact of the behaviour, not whether it was intended to offend.
Victimisation
Victimisation is when someone is treated badly because they have made a complaint about discrimination or supported someone else’s complaint. For example, if an employee is demoted after acting as a witness in a discrimination case, this counts as victimisation.
Discrimination Arising from Disability
This is a specific type of discrimination where someone is treated unfavourably because of something connected to their disability, rather than the disability itself. For example, dismissing an employee because they need time off for medical appointments could be discrimination arising from disability. The focus here is on the effect, rather than intent.
Understanding these types helps you recognise when discrimination may have occurred. For more details on the characteristics protected by law, see the protected characteristics guide.
Common Areas Where Discrimination Occurs
Discrimination can happen in many everyday settings, and UK law – especially the Equality Act 2010 – makes it illegal to treat someone unfairly because of a protected characteristic. Some of the most common areas where discrimination occurs include:
Workplaces: Discrimination at work is unfortunately still an issue for many people. This can involve being passed over for promotion, unfair dismissal, or harassment because of your age, race, disability, gender, or another protected characteristic. If you believe you have experienced workplace discrimination, there are clear legal protections in place and routes to challenge unfair treatment, such as making a claim to an Employment Tribunal.
Education: Schools, colleges, and universities must not discriminate against students or staff. This includes admissions, access to courses, and the way people are treated on campus.
Housing: Landlords and letting agents must not treat tenants or potential tenants unfairly because of a protected characteristic. For example, refusing to rent a property to someone based on their race or disability is illegal. Find out more about your rights regarding rental discrimination.
Services and Public Functions: Businesses and organisations that provide goods, services, or facilities – such as shops, restaurants, banks, or local councils – must not discriminate. This means they cannot refuse service or provide a lower standard of service because of a protected characteristic.
If you feel you have faced discrimination in any of these areas, it’s important to know your rights and seek further advice or support. For more information on what counts as a protected characteristic and your legal protections, visit Protected characteristics | EHRC.
Disability Discrimination: Special Protections
People with disabilities are given extra protections under UK law to help ensure fair treatment and equal opportunities. Disability discrimination occurs when someone is treated unfairly because of a disability, as defined in the Equality Act 2010, Section 6. This law covers a wide range of situations, including in the workplace, when accessing services, and in education.
A common example of disability discrimination is when an employer or service provider fails to make reasonable adjustments to remove barriers that put disabled people at a disadvantage. These adjustments could include changes to working hours, physical alterations to premises, or providing additional support.
Understanding these protections is crucial for disabled individuals to recognise their rights and take action if they experience discrimination. For a more detailed explanation of your legal rights and what counts as disability discrimination, visit our dedicated page on disability discrimination.
Hate Crimes: A Specific Form of Discrimination
Hate crimes are criminal acts that are motivated by hostility or prejudice towards someone’s protected characteristic, such as their race, religion, sexual orientation, disability, or transgender identity. While discrimination under the Equality Act 2010 is often dealt with through civil law, hate crimes go further by involving criminal penalties. Examples include hate speech, physical attacks, or vandalism targeting someone because of who they are.
Understanding hate crimes is important, as they represent a particularly serious form of discrimination with significant legal consequences. To learn more about what constitutes a hate crime, how it is prosecuted, and what protections exist, visit our dedicated page on hate crimes.
What to Do If You Experience Discrimination
If you believe you have experienced discrimination, it’s important to take action to protect your rights. The Equality Act 2010 sets out clear protections against discrimination in areas such as work, education, and access to services. Here are the key steps you can take:
1. Gather evidence: Start by collecting any information that supports your experience of discrimination. This might include emails, messages, witness statements, or notes about what happened and when. Having clear evidence can make a big difference if you decide to take your complaint further. For more details on what you’ll need, see our guide on the evidence needed to prove discrimination.
2. Seek advice and support: You don’t have to deal with discrimination alone. Organisations such as Citizens Advice can offer confidential guidance on your rights and the next steps. If your situation involves abuse as well as discrimination, there are support services for abuse and discrimination that can help.
3. Consider making a complaint or claim: Depending on where the discrimination happened, you may be able to raise a formal complaint with your employer, school, or service provider. If the issue isn’t resolved, you might decide to take legal action. Our page on how to start a discrimination claim explains the process, including time limits and what to expect.
If you’re thinking about taking your case to an Employment Tribunal, it’s important to know what outcomes are possible and how compensation works.
Taking these steps can feel daunting, but support is available to help you through the process. For more detailed guidance on your rights under the Equality Act 2010, including specific information about disability discrimination, visit Citizens Advice.
Appealing Decisions in Discrimination Cases
Sometimes, the outcome of a discrimination case may not be what you expected or believe is fair. In these situations, you may have the right to appeal the decision. An appeal is a formal process where a higher authority reviews the original decision to check for legal errors or issues with how the case was handled.
Appeals are not about re-hearing your entire case, but rather about examining whether the law was applied correctly or if the procedures were followed properly. The process and rules for appealing can vary depending on the type of discrimination case and the tribunal involved. For example, employment-related discrimination appeals are usually heard by the Employment Appeal Tribunal, which specialises in employment law disputes.
If your case relates to health, education, or social care, the relevant procedures are set out in the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care) Rules 2008. These rules explain how appeals should be made and what steps must be followed.
For a step-by-step guide to the appeals process, you can visit our page on appeals and tribunals, which provides more detailed information.
Appealing a decision can be complex, so it’s important to seek advice before starting the process. This can help you understand your options and improve your chances of a successful outcome.
