Can I Claim Discrimination Without 2 Years' Service?

Yes. Discrimination claims under the Equality Act 2010 have no qualifying period. You can bring a claim from your very first day of employment — or even before it starts (job applicants are also protected).

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Can I claim discrimination if I was dismissed during probation?

Yes. Probation status makes no difference to discrimination law. If you were dismissed because of a protected characteristic (age, disability, pregnancy, race, sex, etc), that's discrimination even on day one. In fact, discrimination during probation is common — employers use probation as cover for discriminatory decisions they wouldn't dare make after 2 years. Gather evidence of timing and any differential treatment.

What is indirect discrimination?

Indirect discrimination is when a requirement that appears neutral actually puts people with a protected characteristic at a disadvantage. Example: if your employer requires all staff to work Fridays, that indirectly discriminates against Muslims who need to attend Friday prayers. Or requiring childcare without flexibility indirectly discriminates against women (who statistically do more childcare). It's harder to prove but very powerful.

Does the 3-month time limit apply to discrimination claims?

Yes — same 3-month limit to notify ACAS as other claims. But there's a key difference: the 3-month period runs from the last act of discrimination, not from dismissal. If you're being discriminated against over months (unequal pay, denial of opportunities), each act resets the clock. If the final act was recent, you may still have time even if the first act was years ago.

Can I claim both unfair dismissal and discrimination?

Yes — and you should, if you have both claims. Discrimination claims have no 2-year barrier and no compensation cap. If you have less than 2 years' service or if discrimination is the real reason, combine claims. A tribunal can find dismissal both unfair AND discriminatory. Get advice — sometimes discrimination is the stronger claim.

What if the discriminatory acts happened over a long period?

This strengthens your case. A pattern of discrimination (paid less over years, passed over for training repeatedly, commented on about age or disability regularly) is more convincing than a single act. Each act can be cited. The 3-month clock runs from the last act, so ongoing discrimination can keep you within the time limit even if it started years ago.

Does discrimination compensation count as income for tax purposes?

No — discrimination compensation is generally tax-free. However, interest on tribunal awards is taxable. Compensation for injury to feelings, psychiatric harm, and loss of earnings (past) is tax-free. Get your solicitor to confirm on your award. The tribunal should be clear when issuing the judgment.

Can I Claim Discrimination Without 2 Years' Service?

The most powerful employment right you have is the right not to be discriminated against. It costs nothing to use it. And there's no cap on compensation.

Last updated: April 2026 · Content reviewed against current UK employment law

No qualifying period — day one protection

Unlike unfair dismissal (which requires 2 years), discrimination claims exist from your first day. The Equality Act 2010 doesn't care how long you've been employed:

Minimum service required

Protected characteristics

Discrimination claims have no compensation cap. Unlike unfair dismissal awards (capped at £123,543 in 2026/27), discrimination awards for injury to feelings can exceed £62,900 (the top of the Vento upper band) and go higher with psychiatric harm.

Pre-employment discrimination — job applicants are protected

Even before you're hired, discrimination law applies:

If you're rejected for a job because of a protected characteristic (age, disability, race, sex, etc), that's discrimination. Even if you never worked there.

If you disclosed a disability or health condition at interview and didn't get the job, timing suggests discrimination. If non-disabled candidates with worse qualifications were hired, that's evidence.

Pre-employment questions

If an employer asked questions designed to elicit protected information (health, pregnancy plans, religious beliefs), then made a negative decision, that's discrimination.

3 months from the decision not to hire you. This is tight — act quickly if you think you were discriminated against in recruitment.

What you can claim in a discrimination case

Discrimination awards cover multiple heads of loss — and there's no cap:

Past loss of earnings

From the date of discrimination to today. If you were paid less, passed over for promotion, or lost bonuses because of discrimination, claim it all.

Future loss of earnings

If dismissal was discriminatory, you can claim for lost earnings going forward (until you find a comparable job or retirement). No cap.

Compensation for emotional distress. Vento bands (2026/27): £1,300–£12,600 (lower), £12,600–£37,700 (middle), £37,700–£62,900 (upper), and above for exceptional cases. No cap.

If discrimination caused clinical depression, anxiety disorder, or PTSD (proven by medical evidence), this is a separate award on top of injury to feelings. Can be substantial.

If the employer's conduct after the discrimination was particularly bad (covered up, lied, retaliated), tribunal can uplift the award.

The 9 protected characteristics under the Equality Act 2010

If you've been treated unfavourably because of any of these, you may have a discrimination claim:

Too young or too old for a job, training, or opportunity — that's age discrimination.

Physical or mental impairment that has substantial, long-term impact on day-to-day activities. Includes invisible disabilities (depression, autism, chronic pain).

Transitioning or having transitioned. Protected from day one — no medical requirement.

Marriage & civil partnership

Married or in a civil partnership. Discrimination can't be used to deny opportunity or pay.

Pregnancy & maternity

Pregnant, on maternity leave, or exercising parental rights. No qualifying period. Uncapped compensation.

Including colour, nationality, ethnic/national origin. Accent, perceived race, and association with someone of a particular race are covered.

Any religion or philosophical belief. Includes atheism. Requiring shift work on Sabbath, denying headscarves — discrimination.

Male, female, or any other sex (protected post-GRA). Includes pregnancy-related discrimination and sexual harassment.

Lesbian, gay, bisexual, heterosexual, asexual — all protected. Harassment, denial of benefits, promotion.

Identifying the real reason — employers rarely admit discrimination

Your employer will rarely say the real reason is discrimination. They'll cite performance, capability, restructure, redundancy — any reason but the real one. Look for:

Dismissed soon after announcing pregnancy, disability, or a protected characteristic? Timing is the most powerful evidence. If you told your boss on Monday you were pregnant and were fired Friday, that timing alone is highly suggestive.

Even "jokes" or casual comments about your age, disability, accent, or family count. Record them. A comment like "we need younger energy" before dismissal is evidence.

Differential treatment

Did colleagues with the same performance issues, absences, or mistakes not get dismissed? This is powerful comparator evidence. Why were you singled out?

Performance reviews before and after

Were your reviews fine, then suddenly negative after you disclosed a disability? The change in tone is evidence. If there's no documented performance issue before, sudden dismissal for performance is suspicious.

How many people of your protected characteristic work there? A department with no women, no disabled people, no ethnic minorities — absence of diversity is circumstantial evidence of discrimination.

How your case was handled

Were other dismissals handled with full procedure, but yours was rushed? Was your appeal perfunctory? Procedure shortcuts can suggest pretextual motivation.

Evidence to gather right now

Start building your case immediately:

Emails mentioning the characteristic

Any email from your boss or HR mentioning your disability, pregnancy, age, or protected status. Save everything.

Your own notes of conversations where protected characteristics were mentioned or where decisions were made. Write them down with dates.

Comments or messages

Any comment about your age, disability, appearance, family status, or any protected characteristic. Slack messages, emails, WhatsApp screenshots.

Offer letters, contracts, grievance outcomes, disciplinary letters, performance reviews. Any formal communication.

Names and details of colleagues who did similar things but weren't dismissed, or who had similar performance issues but were treated more favourably.

If disability is relevant, get medical records confirming the condition. If harassment caused psychiatric harm, get GP or therapy notes.

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