If you have been treated unfairly at work because of your age, disability, race, sex, religion, sexual orientation or another protected characteristic, our employment discrimination solicitors can explain your rights under the Equality Act 2010 and help you act on them: from raising a grievance and negotiating with your employer to bringing a claim in the Employment Tribunal. We also advise employers on preventing and defending discrimination claims.
What Is Discrimination at Work?
Employment discrimination takes many forms, ranging from overt acts of prejudice to subtle biases that can hinder career advancement. It encompasses discrimination based on various factors such as race, gender, age, disability, sexual orientation, religion, and more. Discriminatory practices can manifest during recruitment, hiring, promotion, pay, training, and even termination. These actions not only infringe on employees’ rights but also weaken the fabric of a diverse and productive workforce.
In the United Kingdom, robust laws are in place to combat employment discrimination and promote inclusivity. The Equality Act 2010 is a cornerstone of UK legislation that addresses discrimination on the grounds of 9 protected characteristics, providing a comprehensive framework to ensure individuals are protected from discriminatory practices across all stages of their employment journey.
The Nine Protected Characteristics
Age discrimination
Age discrimination occurs when an employee is treated unfairly because of their age, whether they are perceived as too young or too old for a specific role. It ensures that age does not play a role in employment decisions such as hiring, promotion, or termination.
Disability discrimination
Disability discrimination happens when an employee is treated unfairly due to a physical or mental condition that affects their ability to perform their job. Employers are required to make reasonable adjustments to support employees with disabilities and ensure they have equal access to opportunities.
Gender reassignment discrimination
Gender reassignment discrimination occurs when an employee is treated unfairly because of their gender identity or gender transition. This ensures that individuals undergoing gender reassignment are treated equally and not discriminated against due to their gender identity or expression.
Marriage and civil partnership discrimination
Marriage and civil partnership discrimination refers to unfair treatment based on an employee’s marital status or civil partnership. Employees are protected from discrimination based on their relationship status, ensuring they are not treated unfairly because of their marital or civil partnership status.
Pregnancy and maternity discrimination
Pregnancy and maternity discrimination happens when an employee is treated unfairly due to pregnancy, maternity leave, or related medical conditions. Employees are entitled to protection during pregnancy and upon their return to work after childbirth.
Race discrimination
Race discrimination occurs when an employee is treated unfairly due to their race, ethnicity, or national origin. This includes unfair treatment in hiring, promotions, pay, or working conditions based on race.
Religion or belief discrimination
Religion or belief discrimination happens when an employee is treated unfairly because of their religion, religious beliefs, or philosophical beliefs. It ensures that all employees are entitled to practice their religion or beliefs without facing discrimination.
Sex discrimination
Sex discrimination refers to unfair treatment based on an employee’s sex or gender. It includes discrimination in pay, hiring practices, and promotions, ensuring employees of all genders are treated equally and fairly in the workplace.
Sexual orientation discrimination
Sexual orientation discrimination occurs when an employee is treated unfairly because of their sexual orientation. This includes discrimination based on whether an individual is gay, lesbian, bisexual, heterosexual, or identifies with another sexual orientation.
This form of discrimination is prohibited in the workplace, and all employees are entitled to equal treatment, regardless of their sexual orientation. Employers are expected to provide an inclusive and respectful work environment where all individuals, regardless of sexual orientation, can thrive.
If you face sexual orientation discrimination at work, it’s important to seek support from an experienced LGBT discrimination lawyer to understand your rights and take action.
Forms of Discrimination at Work
Workplace discrimination can take many forms:
| Type of Discrimination | Description | Example |
|---|---|---|
| Direct Discrimination | Occurs when someone is treated less favourably because of a protected characteristic. | Denial of promotion based on age, which constitutes direct age discrimination. |
| Indirect Discrimination | Happens when a workplace policy or practice applies equally to everyone but negatively impacts a particular protected group disproportionately. | A dress code that disproportionately affects employees of a certain religion. |
| Harassment | Involves unwanted behaviour, comments, or actions creating a hostile, intimidating, or offensive work environment. Can be based on any protected characteristic. | Sexual harassment, racial harassment, or disability-related harassment. |
| Victimisation | Occurs when someone is treated unfairly because they made a complaint or participated in legal proceedings related to discrimination. | Retaliation against an employee who reported discrimination or participated in a legal case. |
| Bullying | Refers to repeated unwelcome behaviour that causes distress or harm, including verbal abuse, humiliation, or exclusion. Not a legal term but still an important concern. | Verbal abuse or exclusion causing harm or distress to an employee. |
| Associative Discrimination | Happens when an individual is treated unfairly because of their association with someone who has a protected characteristic. | Discriminating against an employee because they have a family member with a disability. |
| Perceptive Discrimination | Occurs when someone is treated unfairly due to a perceived characteristic, even if they do not possess it. | Discriminating against an employee because they are perceived to be of a certain sexual orientation. |
| Pay Discrimination | Unequal pay based on a protected characteristic, such as gender, for equal work or work of equal value. | Paying employees of different sexes differently for performing equal work or work of equal value. |
Time Limits and Acas Early Conciliation
For discrimination that happened on or after 1 October 2026, you normally have six months less one day from the date of the discriminatory act to start Acas early conciliation. You must do this before you can bring a claim in the Employment Tribunal. Where the discrimination continued over a period, time usually runs from the end of that period. If the discrimination happened before 1 October 2026, the old limit of three months less one day applies.
Notifying Acas pauses the clock, and once you receive the early conciliation certificate you will have at least one month left to make your claim. A tribunal can accept a late discrimination claim if it considers it just and equitable to do so, but it is safest not to rely on this.
Compensation for Discrimination at Work
There is no upper limit on compensation in discrimination cases. A tribunal can award compensation for financial loss, such as lost earnings, and for injury to feelings. For claims presented in England and Wales on or after 6 April 2026, the guideline bands for injury to feelings, known as the Vento bands, are:
- £1,300 to £12,600 for less serious cases;
- £12,600 to £37,700 for cases that do not merit an award in the upper band;
- £37,700 to £62,900 for the most serious cases, with the most exceptional cases capable of exceeding £62,900.
How to Prove Discrimination at Work
Proving discrimination at work requires collecting evidence and documenting discriminatory incidents. Here are the essential steps to take if you want to build a strong case:
- Document incidents. Write down all discriminatory actions, comments, or behaviours. Include dates, times, and any specifics about the incidents.
- Gather witness statements. Statements from colleagues or other witnesses who witnessed the discrimination can be crucial to supporting your case.
- Collect relevant evidence. Emails, performance reviews, and other written communications can serve as evidence of discriminatory actions.
- Show the impact. Demonstrate how the discrimination has affected your career, mental health, or well-being. This is vital to strengthen your case.
Services Offered by Sterling Law’s Employment Discrimination Solicitors
At Sterling Law, our team of seasoned employment discrimination lawyers offers a comprehensive range of services designed to tackle various aspects of discrimination in the workplace:
- Legal consultation and advice. Discrimination cases often involve intricate legal considerations. Our solicitors provide expert advice to individuals seeking clarity on their rights and options. Whether you’re an employee who believes you’ve been subjected to discrimination or an employer seeking guidance on establishing equitable practices, our solicitors are here to help.
- Filing discrimination claims. If you believe you’ve experienced discrimination at work, pursuing a legal claim is a crucial step toward seeking redress. Our solicitors will assist you in compiling evidence, understanding legal procedures, and navigating the complexities of the claims process. A dismissal linked to a protected characteristic may also be an unfair dismissal, and if you were forced to resign, a constructive dismissal claim may be possible.
- Negotiation and mediation. Employment disputes can often be resolved through negotiation and mediation, avoiding the need for protracted litigation. Our solicitors are skilled negotiators who strive to achieve favourable outcomes for our clients while protecting their interests. Where a dispute is resolved by agreement, we also advise on the terms of the settlement agreement before you sign.
- Representation in tribunal proceedings. In cases where negotiation and mediation do not yield satisfactory results, our lawyers for work discrimination are prepared to represent you in Employment Tribunal proceedings. With a wealth of litigation experience, our team will advocate for your rights and interests in the courtroom.
- Policy review and implementation. For businesses, preventing discrimination requires proactive measures such as reviewing and updating employment policies. Our solicitors offer guidance in developing comprehensive policies that align with legal requirements and promote a culture of inclusivity.
Sterling Law’s employment discrimination solicitors are equipped to provide comprehensive assistance in workplace discrimination cases. They combine legal expertise, negotiation skills, and a commitment to justice to help you navigate the complexities of addressing discrimination and seeking a fair resolution. With Sterling Law by your side, you can have confidence that your rights will be protected and your case will be handled with diligence and professionalism.
FAQ about Discrimination at Work
1. How long do I have to make a discrimination claim?
Six months less one day from the date of the discriminatory act if it happened on or after 1 October 2026, or three months less one day if it happened before that date. Where the discrimination continued over a period, time usually runs from the end of that period. You must start Acas early conciliation before you can make a claim.
2. Do I need to contact Acas before making a claim?
Yes. You must notify Acas before you can make a claim to an employment tribunal, and you will be offered free early conciliation to try to settle the dispute. Notifying Acas pauses the time limit, and once you receive the certificate you will have at least one month left to make your claim.
3. Is there a limit on compensation for discrimination?
No. There is no upper limit on compensation in discrimination cases. A tribunal can award compensation for financial loss and for injury to feelings. For claims presented on or after 6 April 2026, injury to feelings awards are guided by bands from £1,300 to £62,900, and the most exceptional cases can exceed that.
4. Do I need a minimum length of service to claim discrimination?
No. Protection against discrimination applies from your first day at work, and it also covers job applicants.
5. What is the difference between direct and indirect discrimination?
Direct discrimination is treating someone less favourably because of a protected characteristic. Indirect discrimination happens when a policy or practice that applies to everyone puts people with a particular protected characteristic at a disadvantage and cannot be justified.
6. What is victimisation?
Victimisation is treating someone badly because they made or supported a complaint of discrimination, or took part in proceedings about it. It is unlawful under the Equality Act 2010.
