The Equality Act 2010 — Protected Characteristics
The Equality Act 2010 makes it unlawful to discriminate against someone because of a protected characteristic. The nine characteristics are: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation.
Unlike unfair dismissal, you can bring a discrimination claim from your first day of employment. There is no 2-year qualifying period.
Types of Discrimination
Direct discrimination occurs when you are treated less favourably because of a protected characteristic. Indirect discrimination occurs when a neutral workplace rule or practice puts people with your characteristic at a particular disadvantage. Harassment is unwanted conduct related to a protected characteristic that violates your dignity or creates an intimidating environment. Victimisation occurs when you are treated badly because you made or supported a discrimination complaint.
Disability Discrimination — The Duty to Make Adjustments
Employers have a positive duty to make reasonable adjustments for disabled employees. This might include providing specialist equipment, changing working hours, or allowing remote working. Failure to make reasonable adjustments is itself a form of discrimination.
Unlike unfair dismissal claims, there is no upper limit on compensation in discrimination cases. Awards include loss of earnings, injury to feelings (up to £56,200 in serious cases), and aggravated damages.
Injury to Feelings Awards (Vento Bands 2024)
Compensation for injury to feelings is categorised into three bands: lower band £1,100–£11,200 for isolated or less serious acts; middle band £11,200–£33,700 for serious cases not in the top band; and upper band £33,700–£56,200 for the most serious cases. Interest is also awarded on injury to feelings.
Gathering Evidence for a Discrimination Claim
Keep a detailed contemporaneous diary recording dates, times, what was said or done, and any witnesses. Save relevant emails, messages, and documents. Submit a Subject Access Request to your employer to obtain all data they hold on you. The burden of proof in discrimination cases is complex — once you establish facts from which discrimination can be inferred, the burden shifts to the employer to prove there was no discrimination.
Taking Action — Internal Grievance First
Before going to tribunal, it is generally advisable to raise a formal internal grievance. This creates a written record, allows the employer to address the issue, and the tribunal will take into account whether you exhausted internal processes. However, this must not come at the expense of the 3-month time limit.