Workplace Discrimination
The Equality Act 2010 protects you from being treated less favourably at work because of a "protected characteristic." Unlike unfair dismissal, there's no qualifying period of service and compensation is uncapped.
Cases on file
1
Claimant win rate
100%
Cases reaching a determination
Median damages awarded
£22,640
Where compensation was awarded
How a discrimination claim is structured
The claimant has to establish facts from which the tribunal could conclude discrimination occurred. If they do, the burden shifts to the employer to prove a non-discriminatory reason for the treatment. This "shifting burden" (section 136 Equality Act 2010) is one of the most important features of discrimination law.
The four main types of claim
- Direct discrimination — treated worse because of the protected characteristic itself
- Indirect discrimination — a policy that disadvantages a protected group
- Harassment — unwanted conduct related to a protected characteristic
- Victimisation — punished for making or supporting a complaint about discrimination
Disability discrimination has extra protections: a duty to make reasonable adjustments, and a separate claim for "discrimination arising from disability" (section 15) which doesn't require comparison with anyone else.
Cases on Discrimination
Frequently asked
- What are the protected characteristics?
- Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
- What's the difference between direct and indirect discrimination?
- Direct discrimination is treating someone worse because of a protected characteristic. Indirect discrimination is applying a neutral rule that puts a protected group at a disadvantage — and which the employer can't objectively justify.
- Is compensation capped?
- No. Unlike unfair dismissal, discrimination awards are uncapped. They include financial loss, injury to feelings (currently up to about £58,700 in the most serious cases under the Vento bands), and sometimes aggravated or exemplary damages.
- Do I need two years' service?
- No. Discrimination protection applies from day one — and even before you're employed (it covers recruitment).