Legal Processes

Discrimination Claims

The Equality Act 2010 is the key piece of legislation that protects you from discrimination in the workplace. This guide explains what it covers and how to use it.

The Nine Protected Characteristics

The law only protects you from discrimination if the unfair treatment is because of one of these nine specific characteristics.

Age

Being treated unfairly because you are "too old" or "too young." Protects all age groups.

Example: Overlooked for promotion because your manager assumes you are "nearing retirement."

Disability

A physical or mental impairment with a substantial and long-term negative effect on daily activities. Employers must make reasonable adjustments.

Example: Dismissed for sickness absence related to your disability.

Gender Reassignment

Protects you if you are transitioning, have transitioned, or are proposing to do so. No medical procedure is required.

Example: Colleagues deliberately use your former pronoun after you have transitioned.

Marriage & Civil Partnership

Protection from being treated unfairly because you are married or in a civil partnership.

Example: Made redundant over an unmarried colleague because your employer assumes you are "less in need."

Pregnancy & Maternity

Protection from unfavourable treatment because you are pregnant, have a pregnancy-related illness, or are on maternity leave.

Example: Selected for redundancy because you are on maternity leave.

Race

Protection from unfair treatment because of your race, colour, nationality, or ethnic or national origins.

Example: Subjected to "banter" or jokes about your nationality which you find offensive.

Religion or Belief

Protection from unfair treatment because of your religious or philosophical beliefs, or your lack of a particular belief.

Example: Team socials are always held at a pub on Friday, excluding staff whose religion forbids alcohol.

Sex

Protection from being treated unfairly because you are a man or a woman.

Example: A manager makes sexist comments about a female colleague's promotion.

Sexual Orientation

Protection from unfair treatment because of your sexual orientation — bisexual, gay, heterosexual, or lesbian.

Example: Not invited to client events because your manager feels it would be "uncomfortable."

The Four Types of Discrimination

Having a protected characteristic alone is not enough — you must also show you suffered one of these four types of discrimination.

1. Direct Discrimination

Being treated less favourably than someone else because of a protected characteristic. This is the most obvious form.

Example: A man is promoted over a woman with better qualifications because the hiring manager believes "men make better leaders." The woman has been treated less favourably because of her sex.

2. Indirect Discrimination

When an employer applies a rule or policy to everyone, but it has the effect of putting people with a particular protected characteristic at an unfair disadvantage.

Example: A company requires all employees to work full-time from the office. This policy is applied to everyone but could indirectly discriminate against women, who are statistically more likely to have primary childcare responsibilities.

3. Harassment

Unwanted conduct related to a protected characteristic which has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. It does not matter if the person intended to harass you — the effect on you is what matters.

Example: Colleagues make repeated offensive "jokes" about your age, even after you have asked them to stop.

4. Victimisation

Being treated badly because you have made or supported a complaint about discrimination. This is known as carrying out a "protected act."

Example: You act as a witness for a colleague's race discrimination grievance. A month later, you receive a poor performance review and are denied a bonus.

What to Do Next

Act quickly: The time limit for discrimination claims is 3 months minus 1 day from the last act of discrimination. Do not delay.