Discrimination at Work: A Complete UK Guide for Employees and Employers

Discrimination at work remains one of the most common reasons employees seek legal advice in the UK. Whether you are an employee who believes you have been treated unfairly, or an employer who wants to stay on the right side of the law, understanding what counts as discrimination at work — and what to do about it — is essential. This guide explains the rules under the Equality Act 2010, the nine protected characteristics, the different types of discrimination at work, how to prove discrimination at work in the UK, and what compensation an employment tribunal can award.

Discrimination law protects both sides of the employment relationship: workers need to know their rights, and businesses need to know their duties. It sits alongside your wider employment rights in the UK, which cover pay, hours, holidays and dismissal protection.

What Counts as Discrimination at Work?

In everyday language, “discrimination” can mean any unfair treatment. In law, it means something narrower: unlawful discrimination happens when someone is treated badly because of a protected characteristic such as age, disability, race or sex. The main statute is the Equality Act 2010, which applies across England, Wales and Scotland and covers every stage of employment — recruitment, pay, terms and conditions, promotion, training, performance management and dismissal. (You may also see the American term “labor discrimination” used online, but UK law and UK tribunals work with the Equality Act 2010.)

Not every unfair act is unlawful discrimination. A manager who treats everyone badly is unpleasant, but not necessarily discriminatory. The legal question is always whether the treatment was because of a protected characteristic — and that is what the rest of this guide unpacks.

The 9 Protected Characteristics

Discrimination at work is only unlawful if it is linked to one of the nine protected characteristics set out in the Equality Act 2010:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race — including colour, nationality, and ethnic or national origins
• Religion or belief — including philosophical beliefs and a lack of belief
• Sex
• Sexual orientation

Protection is not identical for each characteristic. For example, age is the only characteristic where direct discrimination can sometimes be objectively justified, and harassment related to marriage and civil partnership or pregnancy and maternity falls outside the harassment provisions — although direct discrimination may still apply. The detail matters, which is why the type of discrimination is so important.

The Main Types of Discrimination at Work

UK law recognises several distinct types of discrimination at work. A single set of facts can involve more than one.

1. Direct discrimination

Direct discrimination (section 13) is where someone is treated less favourably because of a protected characteristic. For example, refusing to promote a woman because she might take maternity leave, or rejecting a job applicant because of their race. The discriminator’s motive does not have to be malicious — it is enough that the protected characteristic was a significant influence on the decision. With the exception of age, direct discrimination can never be justified.

2. Indirect discrimination

Indirect discrimination (section 19) is subtler. It happens where an employer applies a provision, criterion or practice — a “PCP” — to everyone, but it puts people who share a protected characteristic at a particular disadvantage — unless the employer can objectively justify it as a proportionate means of achieving a legitimate aim. A classic example is requiring all staff to work full-time, which can indirectly discriminate against women, who are statistically more likely to have caring responsibilities.

3. Harassment

The legal term for harassment at work is defined in section 26 of the Equality Act 2010: unwanted conduct related to a protected characteristic that has the purpose or effect of violating someone’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment. Examples include racist “banter”, sexual comments, or mocking a colleague’s disability. The test is partly subjective — the tribunal considers the victim’s perception — but the conduct must also reasonably be seen that way.

Separately, the Protection from Harassment Act 1997 — sometimes searched for as “harassment law 1997” — makes it unlawful to pursue a course of conduct that amounts to harassment, including stalking. Where workplace harassment is serious or persistent, specialist workplace harassment lawyers can advise on both employment tribunal claims and protective steps.

4. Victimisation

Victimisation (section 27) is subjecting someone to a detriment because they did a “protected act”, such as raising a grievance about discrimination, giving evidence in a tribunal claim, or supporting a colleague’s complaint. It exists to stop employers punishing people for asserting their rights.

5. Discrimination arising from disability

Section 15 covers unfavourable treatment because of something arising in consequence of a disability — for example, dismissing someone for disability-related sickness absence. The employer has a defence if it can objectively justify the treatment, or if it did not know — and could not reasonably have been expected to know — about the disability.

6. Failure to make reasonable adjustments

Where a provision, criterion or practice — or a physical feature of the workplace — puts a disabled person at a substantial disadvantage, the employer must take reasonable steps to avoid it (sections 20–21). This can mean adapted equipment, adjusted hours, changes to duties, or auxiliary aids. What is “reasonable” depends on factors such as cost, practicability and the employer’s resources.

Employer Liability and the Statutory Defence

Under section 109 of the Equality Act 2010, an employer is liable for acts of discrimination at work committed by its employees in the course of their employment — even if the employer did not know about or approve of the conduct. The individual discriminator can also be personally liable.

There is a statutory defence. Under section 109(4), the employer escapes liability if it can show it took all reasonable steps to prevent the employee from doing the act in question. In practice, tribunals look for an up-to-date equal opportunities and anti-harassment policy that staff actually know about, regular training for employees and managers, a clear complaints procedure that is genuinely used, and prompt, fair investigations when issues are raised. A policy sitting unread in a drawer will not be enough.

How to Prove Discrimination at Work in the UK

Proving discrimination at work in the UK follows a special two-stage burden of proof in section 136 of the Equality Act 2010:

1. Stage one — the claimant’s case. You must prove facts from which the tribunal could conclude, in the absence of any other explanation, that discrimination occurred. Direct evidence of a discriminatory motive is rare, so tribunals look at the surrounding facts: inconsistent or shifting explanations, departures from normal procedure, suspicious timing, and how a real or hypothetical comparator was — or would have been — treated.
2. Stage two — the burden shifts. If stage one is met, the burden moves to the employer to prove a non-discriminatory explanation for what happened. If it cannot do so, the claim succeeds.

Practical steps that strengthen a claim include keeping a contemporaneous diary of incidents, saving emails, messages, rotas and appraisals, identifying potential comparators, noting witnesses, and raising a written grievance so there is a paper trail. For indirect discrimination claims, workforce statistics can be powerful evidence. Because limitation deadlines are short, gather this material early rather than waiting for the internal process to conclude.

What Compensation Can You Get? The Vento Bands

Unlike unfair dismissal, compensation for discrimination at work is uncapped. A successful claimant can be awarded:

• Injury to feelings — assessed using the Vento bands, which are updated each year. For claims presented on or after 6 April 2025, the lower band (£1,200–£12,100) covers less serious, one-off incidents; the middle band (£12,100–£36,400) covers serious cases that do not merit the top band; and the upper band (£36,400–£60,600) is reserved for the most serious cases, such as lengthy campaigns of harassment.
• Financial loss — lost earnings, lost benefits and pension loss, with no statutory cap.
• Personal injury — where the discrimination caused or worsened a medical condition such as depression.
• Aggravated damages — for particularly high-handed or insulting conduct, for example during the tribunal process itself.

Tribunals can also award interest on compensation, and may increase the award by up to 25% — the Acas uplift — where the employer unreasonably failed to follow the Acas Code of Practice. For the wider financial picture, see our guide to employment tribunal costs.

Raising a Grievance Before You Claim

Before heading to a tribunal, most employees should raise the issue internally: first informally with a manager, then through a formal written grievance if that does not resolve matters. Employers must handle grievances fairly and without unreasonable delay, following the Acas Code of Practice on disciplinary and grievance procedures. A well-documented grievance strengthens any later claim — and many disputes are resolved at this stage, sometimes through Acas conciliation or a settlement agreement.

Making an Employment Tribunal Claim: Time Limits

Time limits are short and strictly enforced. Most discrimination claims must reach the employment tribunal within three months less one day of the act complained of. Where there is conduct extending over a period — such as an ongoing policy or a series of linked incidents — time runs from the end of that period.

Before starting most tribunal claims you must notify Acas and go through early conciliation, which pauses the limitation clock while conciliation is attempted. Do not wait: if you miss the deadline, the tribunal can only extend time where it considers it “just and equitable” to do so, which is the exception rather than the rule. Our complete guide to the employment tribunal process walks through each step from Acas to the final hearing.

If discriminatory treatment led to your dismissal, you may also have an unfair dismissal claim — see our guide to unfair dismissal for how the two claims differ and how they can run together.

What to Do If You Experience Discrimination at Work

1. Write everything down. Record dates, times, places, what was said or done, and who witnessed it. Contemporaneous notes carry real weight.
2. Keep the evidence. Save emails, messages, rotas, appraisals and policies. Do not take confidential documents you have no right to keep — take advice first.
3. Raise it. Speak to your manager or HR informally, then use the formal grievance procedure if needed. Put complaints in writing.
4. Contact Acas. Acas offers free, impartial advice and runs the early conciliation process that must come before most tribunal claims.
5. Get advice early. Discrimination law is technical and deadlines are short — early advice protects your position.

Preventing Discrimination: A Checklist for Employers

• Adopt, publish and regularly review an equal opportunities and dignity-at-work policy.
• Train managers and staff on what discrimination at work looks like — and repeat the training, not just at induction.
• Handle complaints promptly and fairly under the Acas Code, and keep proper records.
• Build reasonable adjustments into absence, performance and recruitment processes.
• Document the reasons for recruitment, promotion, pay and dismissal decisions so they can be explained if challenged.
• Monitor workforce data for patterns that could indicate indirect discrimination.

Frequently Asked Questions

Is discrimination at work a criminal offence?

No. Discrimination at work is a civil matter dealt with by the employment tribunal, not the criminal courts. The tribunal can order compensation and make declarations, but it cannot impose fines or prison sentences.

Do I need two years’ service to claim discrimination?

No. Unlike ordinary unfair dismissal, there is no qualifying period of employment for discrimination claims — the protection applies from day one, and even covers job applicants.

Can I bring a claim if I have already left the employer?

Yes. The Equality Act 2010 covers acts arising out of the employment relationship even after it has ended, such as a discriminatory reference — provided you are still within the time limit.

What is the difference between discrimination and unfair dismissal?

Discrimination is about why you were treated badly — because of a protected characteristic — while unfair dismissal is about whether the dismissal itself was fair in reason and procedure. A discriminatory dismissal can give rise to both claims, but the legal tests and compensation rules are different.

Disclaimer: this article provides general information about UK employment law and is not legal advice. If you are facing discrimination at work, take advice on your own circumstances promptly — strict tribunal time limits apply.