What is Workplace Discrimination?
Workplace discrimination happens when an employee or job applicant is treated unfairly because of certain personal characteristics that are protected by law. In the UK, the Equality Act 2010 sets out clear rules to prevent discrimination in the workplace and ensure everyone is treated with dignity and respect.
The law recognises several protected characteristics, meaning it is illegal to discriminate against someone on the basis of:
Age
Disability
Gender reassignment
Marriage or civil partnership
Pregnancy and maternity
Race (including colour, nationality, and ethnic or national origin)
Religion or belief
Sex (gender)
Sexual orientation
These protections apply to all aspects of employment, from recruitment and training to promotion, pay, and dismissal.
Discrimination can take many forms, both obvious and subtle. Some common examples include:
Recruitment: Refusing to interview or hire someone because of their age, ethnicity, or another protected characteristic.
Promotion and Pay: Overlooking an employee for promotion or paying them less than colleagues doing the same job because of their gender, disability, or other protected status.
Daily Work Life: Making offensive jokes, excluding someone from meetings, or giving less favourable work assignments based on a protected characteristic.
Redundancy or Dismissal: Choosing someone for redundancy or dismissal because of their pregnancy, religion, or sexual orientation.
Discrimination can be direct (treating someone less favourably) or indirect (applying a policy that disadvantages certain groups). Harassment and victimisation are also forms of unlawful discrimination under UK law.
If you believe you are experiencing workplace discrimination, you have strong legal rights. The Equality Act 2010 makes it unlawful for employers to discriminate against employees or job applicants. This includes protection from unfair treatment, harassment, and victimisation. Employers must take reasonable steps to prevent discrimination and can be held legally responsible if they fail to do so.
Understanding your rights is the first step to addressing unfair treatment at work. For more information on related challenges and how they fit into the bigger picture of employment law, you may wish to explore our page on Workplace Issues.
Your Rights Under UK Law
In the UK, your right to fair treatment at work is protected by several important laws, with the Equality Act 2010 being the main piece of legislation. This Act brings together previous anti-discrimination laws and provides clear rules to protect people from unfair treatment in the workplace.
The Equality Act 2010 makes it illegal for employers to discriminate against you because of certain characteristics. These are known as “protected characteristics” and include:
Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation
Other laws, such as the Equal Pay Act 1970 (now part of the Equality Act), also give you the right to equal pay for equal work.
UK discrimination laws protect a wide range of people, not just full-time employees. You are covered if you are:
An employee (full-time or part-time)
A job applicant
An apprentice
A contractor, agency worker, or self-employed person hired to do work
A former employee (for example, if you are victimised after leaving a job)
This means you have legal protection from discrimination before you start a job, while you are working, and even after you leave.
The law says you must receive equal pay and benefits for equal work, regardless of your gender. If you are doing the same or similar work as someone of the opposite sex, and you are paid less, you may have a claim for equal pay.
You have the right to be treated fairly at every stage of employment. This includes:
Recruitment: Employers must not discriminate when advertising jobs, shortlisting, or interviewing candidates. For example, it is unlawful to reject a qualified candidate because of their race, age, or disability.
Promotion and Training: All employees must have equal access to opportunities for promotion and training. Decisions should be based on merit, not on protected characteristics.
Terms and Conditions: Your contract and workplace policies must not disadvantage you because of a protected characteristic.
Dismissal: You cannot be dismissed or treated less favourably because of a protected characteristic. Dismissal on these grounds is known as “unfair dismissal” and is prohibited by law.
If you have a disability, your employer has a legal duty to make “reasonable adjustments” to help you do your job. This could involve:
Changing working hours
Providing specialist equipment or support
Making physical changes to the workplace
What is considered “reasonable” depends on the size and resources of your employer, but they must take your needs seriously and act where possible.
These protections cover all aspects of employment, including:
Hiring: You cannot be refused a job or treated less favourably during the recruitment process because of a protected characteristic.
Promotion: You must have an equal chance to apply for and be considered for promotion.
Pay and Benefits: Your salary, bonuses, and other benefits must not be affected by discrimination.
Redundancy and Dismissal: You cannot be selected for redundancy or dismissed because of a protected characteristic.
Example: If you are passed over for promotion in favour of a less qualified colleague because of your age or gender, this may be discrimination. Similarly, if you are dismissed after telling your employer you are pregnant, this is likely to be unlawful.
What if my employer says they didn’t know about my disability? Employers are expected to take reasonable steps to find out if you need adjustments. If you tell them about your condition, they must consider changes to help you work.
Can I challenge unfair treatment if I’m a contractor or agency worker? Yes. The law protects not just permanent employees, but also agency workers, contractors, and those on zero-hours contracts.
What should I do if I think my rights have been breached? You have the right to raise the issue with your employer, make a formal complaint (grievance), and, if necessary, take your case to an employment tribunal.
Understanding your rights is the first step to ensuring fair treatment at work. If you believe you have experienced discrimination, it is important to keep records of what happened and seek advice as soon as possible.
Types of Workplace Discrimination
Discrimination at work can take many forms, and understanding these different types is key to recognising and addressing unfair treatment. Under the Equality Act 2010, it is illegal for employers to discriminate against employees or job applicants based on certain “protected characteristics,” such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
Below, we explain the main types of workplace discrimination, with practical examples to help you identify them.
Direct discrimination occurs when someone is treated less favourably than others because of a protected characteristic. This can be obvious or subtle, but the key factor is that the less favourable treatment is linked directly to who you are.
Example: An employer rejects a job applicant because she is pregnant, or pays a male employee more than a female colleague for doing the same job.
Indirect discrimination happens when a policy, rule, or practice applies to everyone but puts people with a particular protected characteristic at a disadvantage. Even if the discrimination isn’t intentional, it is still unlawful unless the employer can justify it as a proportionate means of achieving a legitimate aim.
Example: A company requires all staff to work late shifts. This could disadvantage employees with caring responsibilities, who are more likely to be women, unless the employer can show a genuine business need.
Harassment is unwanted behaviour related to a protected characteristic that violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. Harassment is a specific form of discrimination and can be carried out by colleagues, managers, or even customers.
Example: A disabled employee is regularly mocked by colleagues about their condition, making them feel isolated and distressed at work.
To learn more about what counts as harassment and your rights, see our dedicated section on Workplace Harassment.
Victimisation occurs when someone is treated unfairly because they have complained about discrimination, supported another person’s complaint, or raised concerns about equality at work. This protection is designed to ensure people can speak up without fear of retaliation.
Example: An employee gives evidence in a colleague’s discrimination case and is subsequently denied a promotion as a result.
Discrimination is not always obvious. Sometimes, it can be built into workplace culture or systems, making it harder to spot. This is known as systemic discrimination. For example, a company may consistently overlook women for senior roles, or have recruitment practices that unintentionally exclude certain ethnic groups.
It’s important to be alert to these patterns, as subtle or systemic discrimination can be just as damaging as direct acts. If you feel you are being treated unfairly, keep records and seek advice.
Understanding the different types of workplace discrimination is the first step in protecting your rights. If you believe you have experienced any form of discrimination at work, you are protected by law and there are steps you can take to address it.
How to Recognise Discrimination at Work
Recognising discrimination at work can sometimes be difficult, as unfair treatment is not always obvious or openly expressed. However, understanding the signs and knowing how to respond can help protect your rights under the Equality Act 2010, which makes it unlawful to treat someone unfairly because of certain protected characteristics such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation.
Discrimination can take many forms, including:
Direct discrimination: Being treated less favourably than others because of a protected characteristic. For example, being passed over for promotion because of your gender.
Indirect discrimination: When a workplace policy or practice applies to everyone but puts people with a particular protected characteristic at a disadvantage. For instance, requiring all staff to work late, which might disadvantage those with caring responsibilities.
Harassment: Unwanted behaviour related to a protected characteristic that makes you feel intimidated, degraded, or humiliated.
Victimisation: Being treated badly because you have complained about discrimination or supported someone else’s complaint.
Other signs include being excluded from meetings, denied training or development opportunities, receiving unfair criticism, or being subject to offensive jokes or comments.
It’s important to distinguish discrimination from other forms of negative behaviour at work. For example, Workplace Bullying involves repeated, unreasonable behaviour that is not necessarily linked to a protected characteristic. Bullying can be hurtful and damaging, but it only counts as discrimination under the law if it relates to one of the protected characteristics.
Similarly, if you experience physical threats or violence, this may be considered Workplace Assault, which is a criminal matter and separate from discrimination. Understanding these differences can help you decide the best course of action and which legal protections apply to your situation.
If you believe you are being discriminated against, it is crucial to keep detailed records. This can include:
Dates, times, and locations of incidents
Names of people involved and any witnesses
Copies of emails, messages, or notes
Descriptions of what happened and how it made you feel
Having a clear record will strengthen your case if you decide to make a formal complaint or take legal action. The Equality Act 2010 places the burden on employers to prove they did not discriminate, but your evidence can be vital in supporting your claim.
If you are unsure whether what you are experiencing amounts to discrimination, or if you feel overwhelmed, it is a good idea to seek advice. You can:
Speak to your HR department or line manager
Contact your trade union representative
Seek free advice from organisations such as ACAS or Citizens Advice
Getting support early can help you understand your rights, explore your options, and take appropriate steps to protect yourself. Remember, you do not have to face discrimination alone, and there are legal protections in place to support you.
What to Do If You Face Discrimination
If you believe you have been discriminated against at work, it’s important to act promptly and thoughtfully. The Equality Act 2010 protects you from discrimination based on characteristics such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Here are the steps you should consider:
1. Keep Detailed Records
Start by making a clear record of what happened. Write down dates, times, locations, and details of the incidents, including what was said or done and who was involved. If there are any emails, messages, or documents related to the discrimination, save copies. Keeping thorough evidence will support your case if you decide to take the matter further.
2. Raise the Issue Internally
Whenever possible, try to resolve the issue informally first. This might mean speaking directly with the person involved or having a confidential conversation with your manager or someone you trust at work. If you don’t feel comfortable doing this, or if the problem continues, you should raise the issue formally.
Most employers have a grievance procedure—a formal process for dealing with complaints. You can usually find details in your staff handbook or employment contract. Submit your complaint in writing, explaining what happened, how it has affected you, and what outcome you are seeking. Your employer is legally required to investigate your complaint fairly and promptly.
3. Understand Grievance and Complaint Procedures
Following your employer’s grievance procedure is important, as employment tribunals expect you to try to resolve issues internally before making a legal claim. During this process, you may be asked to attend meetings and provide further information. You have the right to be accompanied by a colleague or trade union representative at formal grievance meetings.
4. Seek External Advice
If the issue is not resolved internally, or if you feel unable to use your employer’s procedures, consider seeking independent advice. Organisations like ACAS (Advisory, Conciliation and Arbitration Service) offer free, impartial guidance on workplace rights and resolving disputes. You may also want to speak to a trade union representative or a solicitor specialising in employment law.
5. Making a Legal Claim
If you are unable to resolve the situation through internal channels, you may be able to make a claim to an employment tribunal. There are strict time limits—usually three months less one day from the date of the discriminatory act—so it’s important not to delay. Before making a claim, you must notify ACAS and go through ‘Early Conciliation’, an attempt to settle the dispute without going to tribunal.
6. Protecting Yourself When Speaking Up
If you are worried about retaliation for raising concerns, it’s helpful to know that there are specific Employee Protections for Whistleblowers under UK law. These protections make it unlawful for your employer to treat you unfairly or dismiss you because you have reported discrimination or other wrongdoing.
Facing discrimination at work can be stressful and isolating, but you do not have to deal with it alone. Taking clear, informed steps and understanding your rights can help you address the situation and protect your interests.
Legal Claims and Complaints
If you believe you have experienced discrimination at work, you may be able to bring a legal claim against your employer. In the UK, discrimination in the workplace is mainly governed by the Equality Act 2010. This law protects individuals from unfair treatment based on certain characteristics, such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
To pursue a discrimination claim, you usually need to apply to an employment tribunal. Employment tribunals are independent bodies that hear disputes between employees and employers about workplace rights. You do not need to have worked for your employer for a minimum period to make a discrimination claim—protection applies from day one of your employment, and even during recruitment.
Before you can submit a claim to a tribunal, you are required to notify ACAS (the Advisory, Conciliation and Arbitration Service) and go through a process called Early Conciliation. This step is designed to help you and your employer resolve the dispute without the need for a formal hearing. ACAS will offer to facilitate discussions between you and your employer. If conciliation does not result in a settlement, ACAS will issue an Early Conciliation certificate, which you need to proceed with your tribunal claim.
Time limits for bringing a discrimination claim are strict. In most cases, you must start your claim within three months less one day from the date of the discriminatory act or treatment. For example, if the last incident occurred on 10th June, you must submit your claim by 9th September. The time limit can be extended by the period spent in ACAS Early Conciliation, but it is important to act promptly and seek advice as soon as possible.
To make a claim, you will need to complete an ET1 claim form, providing details of the discrimination you experienced, the dates of incidents, and any evidence you have. It is helpful to keep a record of events, including emails, messages, witness statements, and any relevant documents.
If the tribunal finds in your favour, there are several possible outcomes:
Compensation: The tribunal can order your employer to pay you compensation for financial losses (such as lost earnings) and for injury to feelings. The amount awarded for injury to feelings is based on guidelines known as the “Vento bands,” which set out different levels depending on the seriousness of the discrimination.
Reinstatement or Re-engagement: In some cases, the tribunal can order your employer to give you your job back (reinstatement) or offer you a similar position (re-engagement).
Recommendations: The tribunal may make recommendations to your employer to take specific steps to reduce the impact of discrimination on you or the workplace more generally, such as updating policies or providing staff training.
ACAS plays a key role in resolving workplace disputes, including discrimination claims. Early Conciliation is a free and confidential service, and many cases are settled at this stage without the need for a tribunal hearing. ACAS can also provide information about your rights and options, and support you through the process.
Discrimination claims can be complex, and the process may feel daunting. Seeking advice from a solicitor or qualified adviser can help you understand your rights, prepare your claim, and gather the necessary evidence. There are also support organisations and charities that specialise in workplace discrimination, offering guidance, emotional support, and sometimes legal representation.
If you are considering making a claim, it is important to get advice as soon as possible to ensure you meet all deadlines and understand the best steps for your situation. Remember, you are not alone—help is available to support you through the process.
Related Workplace Issues and Support
Workplace discrimination often occurs alongside other serious issues that can affect your wellbeing and safety at work. Understanding the connections between these problems can help you identify when you might need extra support or take additional action.
Workplace bullying and harassment are two issues that frequently overlap with discrimination. While discrimination involves unfair treatment based on protected characteristics (such as age, race, gender, disability, religion, or sexual orientation, as defined by the Equality Act 2010), Workplace Bullying refers to repeated, unreasonable behaviour directed at an individual or group. Bullying may not always be linked to a protected characteristic, but if it is, it could also be classed as discrimination or harassment.
Workplace Harassment is a specific form of unlawful discrimination under UK law. Harassment happens when someone behaves in a way that violates your dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment, especially in relation to a protected characteristic. If you are experiencing harassment, your employer is legally obliged to take action to protect you.
Physical harm or threats can also arise in the workplace. Workplace Assault involves any act of violence or threat of violence at work. In some cases, assault may be linked to discriminatory motives, making it both a criminal and an employment issue.
Accidents and injuries are another area to consider. Workplace Accidents cover incidents where someone is hurt due to unsafe conditions, lack of training, or employer negligence. Similarly, a Workplace Injury can have a lasting impact on your ability to work and your overall wellbeing. While these issues may not always involve discrimination, there are situations where certain groups are put at greater risk because of discriminatory practices, such as failing to make reasonable adjustments for disabled employees.
It’s not uncommon for discrimination to be part of a wider pattern of mistreatment. For example, if you are repeatedly given dangerous tasks or denied safety equipment because of your gender, ethnicity, or another protected characteristic, this could amount to both discrimination and a breach of health and safety law. Similarly, if bullying or harassment is based on who you are, it may be both a disciplinary matter and a legal one under the Equality Act 2010.
If you’re facing any of these issues, it’s important to know that you have rights and options. You can raise concerns with your employer, seek advice from your trade union, or contact organisations such as ACAS or Citizens Advice. If you believe your employer is not taking your complaint seriously, you may be able to make a formal grievance or take legal action, depending on the circumstances.
Don’t hesitate to explore more about Workplace Bullying, Workplace Harassment, Workplace Assault, Workplace Accidents, and Workplace Injury to better understand your rights and the steps you can take. Remember, you don’t have to face these challenges alone—support is available, and taking action early can make a real difference to your working life.
Additional Rights Related to Discrimination
If you’re experiencing discrimination at work, it’s important to know that you have additional rights that go beyond the Equality Act 2010. UK employment law provides specific protections for employees and workers in situations where discrimination can often arise, especially around family-related responsibilities.
One key area where discrimination can occur is when you take or request Maternity, Paternity and Parental Leave. The law gives you the right to take time off for the birth or adoption of a child, to care for your children, or to deal with family emergencies. Under the Employment Rights Act 1996 and the Maternity and Parental Leave etc. Regulations 1999, your employer cannot treat you unfairly or dismiss you because you are pregnant, taking maternity or paternity leave, or using your right to parental leave.
Discrimination in this context can take many forms. For example:
Refusing leave: If your employer refuses your statutory right to maternity, paternity, or parental leave without a valid reason.
Unfair treatment after returning: If you are demoted, overlooked for promotion, or given less favourable work when you return from leave.
Dismissal: If you are dismissed or made redundant because you took or requested family-related leave.
Negative comments or harassment: If you face negative comments, jokes, or pressure not to take your entitled leave.
These actions may be unlawful under both the Equality Act 2010 (as sex, pregnancy, or maternity discrimination) and specific employment regulations.
Knowing your rights can help you recognise when something isn’t right. For example, you have the right to return to the same job after ordinary maternity or paternity leave. If your employer tries to change your role or reduce your pay, you may have grounds to challenge this. Similarly, you are protected from dismissal or negative treatment simply for exercising your legal rights.
If you believe you’ve been treated unfairly because of your family responsibilities, it’s important to act:
Keep records: Note down incidents, dates, and any communications with your employer.
Raise the issue: Speak to your manager or HR department, or use your workplace’s grievance procedure.
Seek advice: Consider getting independent advice from a trade union, ACAS, or a legal professional.
Understanding your rights around discrimination and family-related leave is the first step to protecting yourself at work. If you’re unsure about your situation, don’t hesitate to seek advice—knowing where you stand can make all the difference.
