Discrimination

Discrimination in the workplace occurs when someone is treated less favourably than others because they have certain characteristics, such as a disability or being a woman.

Discrimination at work: your rights and options

A plain-English guide for employees on discrimination at work. It outlines key rules, common risks and typical steps so you can understand the issues before deciding what to do next.

If you’re treated worse because of a protected characteristic (for example your race, age, gender, disability or pregnancy), that may be unlawful discrimination under the Equality Act 2010. Keep records, use your employer’s procedures, and act quickly: most tribunal claims have a strict three month minus one day time limit, paused during ACAS early conciliation.

Key takeaways

·      Nine protected characteristics are covered by the Equality Act 2010, including age, disability and pregnancy/maternity.

·      Main types are direct, indirect, harassment and victimisation. Disability claims can also include failure to make reasonable adjustments and discrimination arising from disability.

·      Time limits are tight: usually three months minus one day from the act complained of, with the clock paused during ACAS early conciliation.

·      Outcomes vary: you may secure adjustments,  or compensation for injury to feelings and financial loss at an employment tribunal.

What counts as discrimination at work?

Discrimination means being treated less favourably, or put at a particular disadvantage, because of a protected characteristic. Under the Equality Act 2010, the nine protected characteristics are: age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Your rights under the Equality Act 2010

Direct discrimination

This is where you’re treated less favourably because of a protected characteristic. It also covers discrimination by association (because of someone you’re linked to) and by perception (because someone believes you have a characteristic).

Indirect discrimination

A policy, rule or way of working that applies equally to everyone but disadvantages a group with a protected characteristic and you personally. It may be lawful only if your employer can objectively justify it as a proportionate means of achieving a legitimate aim.

Harassment

Unwanted conduct related to a protected characteristic that violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.

Victimisation

Unfavourable treatment because you made or supported a complaint about discrimination, or your employer thinks you did.

Disability: reasonable adjustments and discrimination arising from disability

If you’re disabled, your employer has a duty to make reasonable adjustments to remove substantial disadvantages caused by any rule or policy (provision, criterion or practice). You may also claim if you were treated unfavourably because of something arising from your disability, unless the employer can justify it.

Featured answer

To deal with discrimination at work, write down what happened, gather evidence, and follow your employer’s procedure. Ask for reasonable adjustments if disability is involved. If things don’t improve, start you can raise a formal grievance before triggering ACAS early conciliation and then an employment tribunal claim. Most claims must be started within three months minus one  day.

What to do next (step‑by‑step)

1.     Record events and evidence: keep a dated log, save emails/messages, and identify witnesses.

2.     Check policies: equality, anti‑harassment and grievance policies explain processes and contacts.

3.     Seek advice: to understand your rights and options.

4.     Raise it early: if safe, speak informally with your manager or HR, then use the grievance procedure.

5.     Request adjustments (disability): suggest practical changes to hours, duties, equipment or location.

6.     Get support: talk to your family, friends, GP, a trusted colleague or trade union representative.

7.     Start ACAS early conciliation: this pauses the employment tribunal time limit while settlement is explored.

8.     Consider an employment tribunal claim: strict deadlines apply. Seek advice on merits, evidence and likely outcomes.

Common pitfalls to avoid

·      Missing the deadline: the three months minus one day limit is strictly applied (ACAS early conciliation pauses the clock).

·      Resigning too soon: constructive dismissal is risky and fact‑sensitive, and you could lose protection, income and leverage.

·      Not naming the correct respondent or incidents in time: get the legal entities and key dates right. You can claim discrimination against individuals as well as your employer

·      Posting about your case on social media: this can backfire and breach policies or confidentiality.

·      Over‑detailing emails: keep complaints factual and concise; try to avoid speculation or emotional/inflammatory language.

Everyday examples

·      A pregnant employee is removed from client work after telling her manager she’s expecting. She’s later marked down at appraisal because of ‘reliability’.

·      An employer requires full‑time office attendance. A worker with a long‑term condition asks to work from home 2 days a week with specialist software. The request is refused without considering alternatives.

FAQs

How long do I have to bring a claim?

In most discrimination cases, you must start a claim within three months minus one day from the act you’re complaining about. The limit is paused during ACAS early conciliation. Do not delay – seek advice early.

Do I need to raise a grievance first?

Yes, this is likely to be required otherwise you risk a reduction in any compensatory award by the employment tribunal. You should use internal procedures and it can help resolve matters and evidence your case, but you can still bring a claim without finishing the grievance process if the deadline is near.

Can I claim while still employed?

Yes. Many discrimination claims are made while employment continues. You don’t need to resign to bring a claim.

What evidence will help?

A clear timeline, emails/messages, meeting notes, appraisal forms, policy extracts and witness details. Keep originals safe and avoid recording people without consent or where it’s unlawful.

What compensation could I receive?

If you win, an employment tribunal can award compensation for injury to feelings (assessed using ‘Vento bands’) and for financial loss (for example lost earnings). There’s no upper cap on discrimination awards.

What if my case involves disability?

If disabled, you have additional protection under the Equality Act compared to the other protected characteristics, which are for failure to make reasonable adjustments and/or for discrimination arising from your disability. Medical evidence and a practical list of adjustments are often important.

When to get advice and what to do next

Outcomes depend on your facts. Get tailored advice early, especially if deadlines are close, you’re considering resignation, or sickness/mental health is involved. We can review your options, suggest adjustments, help with grievances, negotiate settlements and issue your claim.

Speak to our team about discrimination at work.

0800 915 7777 or hello@kilgannonlaw.co.uk

This page provides general information only, based on UK employment law as at the date of publication. It is not legal advice and must not be relied on as such. Outcomes depend on your circumstances. Reading this page or contacting us does not create a solicitor‑client relationship. Please do not include confidential information in your first message.