Workplace discrimination UK: your rights under the Equality Act 2010
The Equality Act 2010 protects you from discrimination, harassment, and victimisation in the workplace. No qualifying period of service is required to bring a claim.
The 9 protected characteristics
| Characteristic | Workplace example |
|---|---|
| Age | Being passed over for promotion because you are considered 'too old' |
| Disability | Failure to make reasonable adjustments for a physical or mental condition |
| Gender reassignment | Being treated differently because you are transgender |
| Marriage or civil partnership | Being dismissed after getting married (applies in employment only) |
| Pregnancy and maternity | Being made redundant while pregnant or on maternity leave |
| Race | Being paid less than colleagues of a different ethnicity |
| Religion or belief | Refusal of time off for religious observance without good reason |
| Sex | Being denied a promotion given to a less-qualified person of another sex |
| Sexual orientation | Homophobic comments or exclusion from work events |
Types of prohibited conduct
Direct discrimination
Treating you less favourably because of a protected characteristic — e.g., not hiring someone because they are pregnant.
Indirect discrimination
Applying a provision, criterion, or practice that puts people with your characteristic at a particular disadvantage — e.g., a 'full-time only' policy that disproportionately affects women.
Harassment
Unwanted conduct related to a protected characteristic that violates your dignity or creates an intimidating, hostile, or humiliating environment.
Victimisation
Treating you badly because you made or supported a discrimination complaint — e.g., being passed over for promotion after raising a grievance.
Failure to make reasonable adjustments
Relevant only to disability: where an employer fails to make changes to remove a substantial disadvantage caused by a provision, criterion, practice, or physical feature.
What to do if you are being discriminated against
Document every incident
Record every incident of discriminatory treatment — date, time, what was said or done, who was present, and any witnesses. Save relevant emails, messages, or documents. A contemporaneous log is powerful evidence.
Report it internally
Raise a formal grievance with HR or a senior manager. This creates a paper trail, often results in ACAS Code uplift in any later compensation, and gives your employer the opportunity to resolve the issue. Many discrimination claims settle at this stage.
Seek advice
Contact Citizens Advice, ACAS (0300 123 1100), Equality Advisory and Support Service (EASS: 0808 800 0082 — free, specialises in equality law), or an employment solicitor. Many solicitors offer a free initial consultation.
Contact ACAS for early conciliation
Before filing an Employment Tribunal claim, you must complete ACAS early conciliation. This is free and mandatory. Contact ACAS within 3 months of the last act of discrimination — the clock is paused during conciliation.
File an Employment Tribunal claim
File your ET1 form online at gov.uk within 3 months less one day of the last act. Discrimination compensation is uncapped — it includes compensation for financial loss and an 'injury to feelings' award (typically £1,100–£45,600 using the Vento bands).
Frequently asked questions
Do I need 2 years' service to bring a discrimination claim?
No — there is no qualifying period of service for discrimination claims under the Equality Act 2010. You can bring a claim from day one of employment (or even pre-employment, if the discrimination occurred during recruitment).
Can I be discriminated against for a disability even if it was not formally diagnosed?
Yes. The Equality Act defines disability as a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. You do not need a formal diagnosis — the question is whether the condition meets the legal definition. Conditions like long COVID, anxiety, and ADHD can all be disabilities under the Act.
What is the Equality and Human Rights Commission (EHRC)?
The EHRC is the UK's national equality body. It enforces equality legislation, provides guidance, and can bring legal proceedings in significant cases. You can report concerns at equalityhumanrights.com. The EHRC does not take individual cases, but can take action against systemic discrimination by employers.
Can I bring a discrimination claim if I am self-employed?
The Equality Act protects workers and employees, as well as those in certain contractor arrangements. Genuinely self-employed people providing services to the public may also have some protections. Employment tribunal jurisdiction depends on your employment status — seek advice if uncertain.
What is 'reasonable adjustment' for disability?
An employer must make reasonable adjustments to remove or reduce a substantial disadvantage faced by a disabled person. What is 'reasonable' depends on: the effectiveness of the adjustment, cost, the employer's resources, and disruption. Examples include flexible hours, different equipment, phased return from sick leave, or a different workspace. An employer cannot refuse a reasonable adjustment simply because it is inconvenient.