Discrimination

Discrimination at Work in the UK: Your Rights and How to Claim

The Equality Act 2010 protects employees on nine grounds. Here is how discrimination claims work and what you need to prove.

schedule 8 min read person Eugene Pienaar, Solicitor (non-practising)

The Nine Protected Characteristics

The Equality Act 2010 protects employees against discrimination on grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. No qualifying period applies to discrimination claims.

Direct Discrimination

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Direct discrimination occurs when an employer treats you less favourably than it treats or would treat a real or hypothetical comparator because of a protected characteristic. You do not need to prove the employer intended to discriminate -- it is the effect of the treatment that matters.

Indirect Discrimination

Indirect discrimination occurs when an employer applies a provision, criterion, or practice that appears neutral but puts people sharing your protected characteristic at a particular disadvantage, without objective justification. A dress code that requires employees to be clean-shaven might indirectly discriminate against Sikh men.

Harassment

Harassment is unwanted conduct related to a protected characteristic that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. The employer is vicariously liable for harassment by employees unless it can show it took all reasonable steps to prevent it.

Uncapped Compensation

Discrimination compensation is not capped. It includes financial losses, injury to feelings (assessed by reference to the Vento bands), and in appropriate cases aggravated damages. This contrasts with unfair dismissal compensation which is capped at the lower of one year's gross pay or £115,115.

RELATED GUIDES
arrow_forwardThe Nine Protected Characteristics Explainedarrow_forwardUnfair Dismissal: What It Is and How to Claimarrow_forwardACAS Early Conciliation: What to Expect
Educational purposes only. This article is not legal advice and does not create a solicitor-client relationship. If your situation requires legal advice, consult a qualified solicitor or visit equaljustice.legal.