Workplace Discrimination: How the Law Protects You
Discrimination in the workplace can be demoralizing, damaging to your career, and harmful to your wellbeing. Fortunately, robust laws in England and Wales protect employees from unfair treatment. This guide explains how to recognize workplace discrimination and what you can do about it.
What is workplace discrimination?
Discrimination occurs when you’re treated less favorably because of a “protected characteristic.” Under the Equality Act 2010, these protected characteristics are:
- Age: Being treated differently because you’re young, old, or part of a specific age group
- Disability: Unfair treatment related to a physical or mental impairment with substantial long-term effects
- Gender reassignment: Discrimination against transgender people or those undergoing gender reassignment
- Marriage and civil partnership: Being treated differently because of your marital or partnership status
- Pregnancy and maternity: Unfavorable treatment because you’re pregnant or on maternity leave
- Race: Discrimination based on color, nationality, ethnic or national origins
- Religion or belief: Including religious and philosophical beliefs (or lack of them)
- Sex: Being treated unfairly because you’re a man or a woman
- Sexual orientation: Discrimination based on being heterosexual, gay, lesbian, or bisexual
Types of discrimination
- Direct discrimination: When you’re treated less favorably specifically because of a protected characteristic.
Example: Being passed over for promotion because you’re pregnant - Indirect discrimination: When a policy or practice applies to everyone but puts people with a protected characteristic at a disadvantage.
Example: A requirement for all staff to work Saturdays, which disadvantages those who can’t work on their Sabbath due to religious beliefs - Harassment: Unwanted conduct related to a protected characteristic that violates your dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.
Example: Age-related jokes or comments that make you feel uncomfortable - Victimization: Being treated unfairly because you’ve made a complaint about discrimination or supported someone else’s complaint.
Example: Being denied training opportunities after giving evidence in a colleague’s discrimination case
When are you protected?
Anti-discrimination laws protect you:
- When applying for jobs
- During employment
- When being dismissed
- In some cases, after employment (such as references)
These protections apply to employees, workers, job applicants, and sometimes self-employed contractors, regardless of length of service.
Reasonable adjustments for disability
Employers have a specific duty to make “reasonable adjustments” for disabled employees to remove or reduce disadvantages. These might include:
- Physical changes to the workplace
- Flexible working hours
- Providing special equipment
- Reallocating certain duties
- Allowing additional breaks
Failure to make reasonable adjustments is a form of discrimination.
Exceptions and defences
In limited circumstances, discrimination may be lawful:
- Occupational requirement: Where having a particular protected characteristic is necessary for the job.
Example: A women’s shelter requiring female support workers - Positive action: Measures to help people with protected characteristics overcome disadvantages.
Example: Training programs specifically for underrepresented groups - Objective justification: Where indirect discrimination can be justified as a “proportionate means of achieving a legitimate aim.”
Example: Age-based retirement policies in safety-critical roles
What to do if you experience discrimination
- Check your company’s policies: Review your employee handbook and equality policy to understand internal procedures.
- Keep records: Document incidents with dates, times, locations, what happened, and who witnessed it.
- Informal resolution: Consider discussing the issue with the person responsible, your manager, or HR.
- Formal grievance: If informal approaches don’t work:
- Submit a written grievance following your employer’s procedure
- Attend a grievance meeting to discuss your complaint
- Appeal if you’re not satisfied with the outcome
- Early conciliation: Before going to a tribunal:
- Contact ACAS for early conciliation (mandatory before tribunal claims)
- ACAS will try to help you and your employer reach an agreement
- Employment tribunal: If conciliation fails:
- Submit your claim within 3 months less one day from the discriminatory act
- Prepare for a preliminary hearing and then a full hearing
- Consider legal representation
Possible remedies
If successful at tribunal, you may receive:
- Financial compensation: For financial loss, injury to feelings, and in serious cases, aggravated damages
- Recommendations: Orders that your employer take specific steps to reduce the effect of discrimination
- Declaration: A formal statement that you have been discriminated against
Unlike unfair dismissal, discrimination compensation is not capped, and some cases have resulted in six-figure awards.
Getting support
Discrimination cases can be complex and emotionally challenging. Consider seeking help from:
- Citizens Advice
- Equality Advisory Support Service
- Trade unions
- Law centres
- Specialist employment solicitors
Time limits – act quickly!
Generally, you must start early conciliation within 3 months less one day of the discriminatory act. If discrimination is ongoing, this runs from the last incident.
Missing the deadline means you’ll usually lose your right to claim, although tribunals can extend time in exceptional circumstances.
Disclaimer
This article provides general information about workplace discrimination law in England and Wales as of April 2025. It is not legal advice, and laws can change. Your individual circumstances may affect how the law applies to your situation.
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