Workplace Discrimination

The Equality Act 2010 protects you from being treated less favourably at work because of a "protected characteristic." Unlike unfair dismissal, there's no qualifying period of service and compensation is uncapped.

Cases on file

1

Claimant win rate

100%

Cases reaching a determination

Median damages awarded

£22,640

Where compensation was awarded

How a discrimination claim is structured

The claimant has to establish facts from which the tribunal could conclude discrimination occurred. If they do, the burden shifts to the employer to prove a non-discriminatory reason for the treatment. This "shifting burden" (section 136 Equality Act 2010) is one of the most important features of discrimination law.

The four main types of claim

  • Direct discrimination — treated worse because of the protected characteristic itself
  • Indirect discrimination — a policy that disadvantages a protected group
  • Harassment — unwanted conduct related to a protected characteristic
  • Victimisation — punished for making or supporting a complaint about discrimination

Disability discrimination has extra protections: a duty to make reasonable adjustments, and a separate claim for "discrimination arising from disability" (section 15) which doesn't require comparison with anyone else.

Cases on Discrimination

Frequently asked

What are the protected characteristics?
Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
What's the difference between direct and indirect discrimination?
Direct discrimination is treating someone worse because of a protected characteristic. Indirect discrimination is applying a neutral rule that puts a protected group at a disadvantage — and which the employer can't objectively justify.
Is compensation capped?
No. Unlike unfair dismissal, discrimination awards are uncapped. They include financial loss, injury to feelings (currently up to about £58,700 in the most serious cases under the Vento bands), and sometimes aggravated or exemplary damages.
Do I need two years' service?
No. Discrimination protection applies from day one — and even before you're employed (it covers recruitment).
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