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Discrimination at Work — The Equality Act and Your Rights

The Equality Act 2010 protects everyone in work from discrimination, harassment, and victimisation based on nine protected characteristics. Discrimination is one of the most serious workplace wrongs — and one of the most under-reported. This guide explains what discrimination looks like, your legal rights, and how to take action.

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The 9 protected characteristics

The Equality Act 2010 protects you from discrimination based on:

Age
Disability
Gender reassignment
Marriage & civil partnership
Pregnancy & maternity
Race
Religion or belief
Sex
Sexual orientation

These protections apply to employees, workers, job applicants, apprentices, and in some cases self-employed contractors.

Types of discrimination

Direct discrimination

Treating you less favourably because of a protected characteristic. Example: not promoting a woman because of assumptions about childcare responsibilities.

Indirect discrimination

A policy or practice that applies to everyone but puts people with a protected characteristic at a disadvantage. Example: requiring all staff to work Sundays, which disproportionately affects some religious groups.

Harassment

Unwanted conduct related to a protected characteristic that has the purpose or effect of violating dignity or creating an intimidating, hostile, or humiliating environment. Includes sexual harassment.

Victimisation

Treating you unfairly because you've made a complaint about discrimination or supported someone who has.

Failure to make reasonable adjustments

For disabled workers — failure to make changes to working arrangements or premises that would remove a substantial disadvantage.

Disability discrimination — reasonable adjustments

Employers have a duty to make reasonable adjustments for disabled employees and job applicants. This means changing something about how the work is done, the physical working environment, or providing auxiliary aids.

  • You can request adjustments at any stage of employment including recruitment
  • Examples include: flexible hours, home working, adapted equipment, adjusted duties, a phased return after illness
  • The employer must consider adjustments — they don't have to agree to every request, but must show the refusal is reasonable
  • Refusing to make an adjustment is discrimination unless the employer can justify it
  • You don't need a formal diagnosis to be covered — you need to show a "physical or mental impairment" with a "substantial and long-term" adverse effect on normal activities
The definition of disability under the Equality Act is broader than many people expect. Conditions like depression, anxiety, IBS, diabetes, chronic pain, and ADHD can all qualify if they meet the substantial and long-term test.

What to do if you're being discriminated against

1
Keep a record
Write down every incident — date, time, who was present, what was said or done, and any witnesses. Save emails, messages, or documents. This contemporaneous record is vital evidence.
2
Raise an informal complaint first (optional)
In some cases, speaking to your manager, HR, or a trade union rep can resolve the issue without formal steps. Document any conversations.
3
Submit a formal grievance
Put your complaint in writing to HR. This creates a paper trail and gives the employer a chance to address the issue. Follow your employer's grievance procedure.
4
Contact ACAS
ACAS can provide free advice on your rights and the strength of your claim. Call 0300 123 1100.
5
Early conciliation with ACAS
Before an Employment Tribunal claim you must contact ACAS for early conciliation. This is a free process that can result in settlement.
6
Employment Tribunal claim
You have 3 months minus one day from the act of discrimination to submit your claim. This time limit is strict — missing it means losing your right to claim.
The 3-month time limit is crucial. It runs from the last discriminatory act (or the last in a series of acts). Do not delay in taking steps — seek advice as soon as possible.

Compensation for discrimination

Unlike unfair dismissal, there is no cap on compensation for discrimination claims. A tribunal can award:

  • Compensation for financial loss (lost earnings, future loss)
  • Injury to feelings — from £1,100 to over £44,000 depending on severity
  • Personal injury if there's medical evidence of psychological harm
  • A recommendation that the employer takes steps to prevent future discrimination
  • ACAS uplift of up to 25% if the employer failed to follow the ACAS Code

Get advice about your specific situation

Ash is a free UK guidance assistant. Ask about your rights, get step-by-step guidance, and generate a formal letter if you need one.

Talk to Ash — it's free

No sign-up · No account · Works for England, Scotland, Wales & Northern Ireland

Related guides

Employment Tribunal
How to bring a discrimination claim at tribunal.
Unfair Dismissal
If discrimination led to dismissal.
Redundancy
Discriminatory redundancy selection.
Sick Pay
Rights around disability and illness-related absence.