What is Discrimination?
Discrimination means being treated unfairly or less favourably because of certain personal characteristics, such as your age, race, gender, disability, or religion. This unfair treatment can happen at work, when accessing services, in education, or in everyday life. Understanding what is discrimination? is important, as it helps you recognise when your rights may have been breached and what steps you can take.
In the UK, the main law that protects people from discrimination is the Equality Act 2010. This law sets out what counts as discrimination and lists the “protected characteristics” that are covered, such as age, disability, race, sex, and religion or belief.
There are several types of discrimination under the Equality Act 2010:
- Direct discrimination: When someone is treated worse than another person because of a protected characteristic.
- Indirect discrimination: When rules or policies apply to everyone but put certain groups at a disadvantage.
- Harassment: Unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates a hostile environment.
- Victimisation: When someone is treated unfairly because they have made a complaint about discrimination or supported someone else’s complaint.
Knowing your rights under the Equality Act 2010 is the first step to protecting yourself and others. For more on the legal background and how discrimination relates to your rights, explore our related topics.
Protected Characteristics Under the Equality Act 2010
The Equality Act 2010 protects people from discrimination based on certain personal characteristics, known as "protected characteristics." There are nine protected characteristics under the law:
- Age – protection against unfair treatment due to your age or age group.
- Disability – covers physical and mental impairments that have a substantial and long-term effect on your ability to carry out normal activities.
- Gender reassignment – protects individuals who are transitioning, have transitioned, or are perceived to be transitioning from one gender to another.
- Marriage and civil partnership – ensures people are not treated unfairly because they are married or in a civil partnership.
- Pregnancy and maternity – protects women against discrimination on the grounds of pregnancy or maternity leave.
- Race – includes colour, nationality, ethnic or national origins.
- Religion or belief – covers religious and philosophical beliefs, including a lack of belief.
- Sex – protects both men and women from discrimination based on their sex.
- Sexual orientation – covers discrimination due to a person’s sexual orientation, whether they are heterosexual, homosexual, or bisexual.
These characteristics are protected to ensure everyone is treated fairly and with respect in all areas of life, including work, education, and access to services. For a full explanation of each characteristic and how the law applies, see our dedicated page on Protected Characteristics Under the Equality Act 2010.
Disability discrimination is often highlighted because it may require employers, landlords, and service providers to make reasonable disability adjustments to support individuals. You can learn more about your rights regarding disability discrimination and find further guidance at The law on disability discrimination – Disability discrimination – Acas.
What Counts as Discrimination?
Discrimination happens when someone is treated unfairly because of a protected characteristic, such as age, race, sex, disability, or religion. The Equality Act 2010 sets out the main types of discrimination that are unlawful in the UK. Understanding these different forms can help you recognise when your rights may have been breached.
Direct discrimination is when you are treated worse than someone else because of a protected characteristic. For example, if a job applicant is rejected solely because of their ethnicity, this is direct discrimination.
Indirect discrimination happens when a policy or rule applies to everyone but disadvantages people with a certain characteristic. For instance, if an employer requires all staff to work on Saturdays, this could indirectly discriminate against Jewish employees who observe the Sabbath.
Harassment is unwanted behaviour related to a protected characteristic that makes you feel intimidated, degraded, or humiliated. An example might be colleagues making offensive jokes about someone’s disability at work.
Victimisation occurs if you are treated badly because you have complained about discrimination or supported someone else’s complaint. For example, being denied a promotion after raising a discrimination claim would count as victimisation.
Discrimination can take place in many settings, including the workplace, schools and colleges, when renting or buying property, and when using services like shops, banks, or healthcare. It also includes situations involving public services and authorities. If you need guidance on fighting discrimination in services or want to learn more about discrimination by UK public authorities, there are steps you can take to challenge unfair treatment and protect your rights.
Evidence Needed to Prove Discrimination
When making a discrimination claim, the evidence you provide is crucial. Good evidence can include documents such as emails or letters, records of incidents, and statements from witnesses who saw or heard what happened. Collecting and organising this information can make a significant difference in proving your case, especially if you need to present it before an Employment Tribunal.
The law places the burden of proof on you to show that discrimination likely occurred. This means you must be prepared to show clear and convincing evidence to support your claim.
For a more detailed guide on what types of evidence are most effective and how to gather them, see our dedicated page: Evidence Needed to Prove Discrimination.
How to Start a Discrimination Claim
If you believe you have experienced discrimination, it’s important to know the steps you can take to protect your rights. The first step is often to raise the issue directly with the organisation, such as your employer, school, or service provider. Many organisations have formal complaints procedures that can help resolve issues without going to court.
If the problem isn’t resolved, you may consider making a legal claim. Most workplace discrimination cases are handled by an Employment Tribunal, while other types of discrimination might go through different courts. There are strict time limits for starting a claim – usually three months from when the discrimination happened – so it’s vital to act quickly.
Before making a claim, you might also explore alternative options like mediation or using your organisation’s complaints process. To find out more about each step, including what evidence you’ll need and how to start the process, see our practical guide: How to Start a Discrimination Claim.
Related Topics and Further Help
If you want to explore your rights further or need more support, there are several related topics that can help you understand and protect yourself against discrimination.
If you believe a council or government body has treated you unfairly, you may find it useful to read about Challenging a Council or Government Decision. Discrimination by public authorities can sometimes be addressed through these channels.
Discrimination is closely linked to your human rights. To see how unfair treatment may also be a violation of your fundamental rights, visit our section on Human Rights Claims. For a broader understanding of your rights under UK law, the Human Rights Act 1998 sets out key protections against discrimination and other abuses.
Your personal information is also protected by law. If you’re concerned about how your data is being used in a discrimination case, see our guide on Privacy and Data Protection.
For those affected by disability discrimination, knowing your rights can be especially important when applying for disability benefits.
If you’re unsure about your situation or need advice on what to do next, consider speaking to a legal expert or contacting a support organisation. They can guide you through your options and help you take the right steps to protect your rights.
