Discrimination Claims

25 Frequently Asked Questions Answered

What are the nine protected characteristics under the Equality Act 2010?

Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Discrimination based on any of these characteristics is unlawful.

What is direct discrimination?

Treating someone less favorably because of a protected characteristic. For example, rejecting a job applicant because of their race, or dismissing someone because they are pregnant. Direct discrimination is usually the strongest type of discrimination claim.

What is indirect discrimination?

A rule or practice that appears neutral but has a disproportionate adverse impact on people with a protected characteristic. For example, a height requirement for a job indirectly discriminates against women (on average). Indirect discrimination can be justified if it is a proportionate means to a legitimate aim.

Do I need to have the qualifying 2-year service to claim discrimination?

No. Discrimination claims have no qualifying period. You can claim discrimination from day one of employment (or even during recruitment). This is one of the key advantages of discrimination claims over unfair dismissal.

What is the burden of proof in discrimination cases?

Once you establish a prima facie case (facts that could suggest discrimination), the burden shifts to the employer to prove they did not discriminate. This is different from unfair dismissal, where the burden is always on the employer.

Discrimination Claims

Complete guide to workplace discrimination under the Equality Act 2010

Discrimination claims are governed by the Equality Act 2010. Unlike unfair dismissal, there is no qualifying period — you can claim discrimination from day one of employment. Below are 25 essential questions and answers covering protected characteristics, types of discrimination, evidence, compensation, and the tribunal process.

Important: Discrimination is one of the strongest employment tribunal claims. Awards are uncapped, and you do not need 2 years' service. If you believe you have been discriminated against, seeking advice is important.

Protected Characteristics

Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Discrimination on any of these grounds is unlawful under the Equality Act 2010.

Yes. The protected characteristic of "race" covers color, nationality, ethnic origin, and national origin. Discrimination on any of these grounds is unlawful. For example, requiring employees to be British nationals (when not necessary for the role) may be indirect race discrimination.

Any religion (Christianity, Islam, Judaism, Buddhism, etc.) and any philosophical belief held with serious convictions and affecting conduct. Atheism and non-belief are protected. However, not all personal convictions are protected — the belief must be serious and affect how you live.

Yes. The protected characteristic covers anyone who is undergoing, has undergone, or proposes to undergo gender reassignment. You are protected from discrimination during any stage of transition. No specific medical procedure is required.

You can claim discrimination by association (treated badly because someone you are associated with has a protected characteristic, e.g., your child has a disability) or by perception (treated badly because the employer wrongly believes you have a protected characteristic, e.g., wrongly thinks you are disabled).

Disability discrimination includes direct discrimination, but also places a positive duty on employers to make reasonable adjustments. Failure to adjust (e.g., lack of access, no flexible hours for treatment) is discrimination in itself. Disability discrimination claims are often about the failure to support disabled employees.

You are protected from discrimination because of pregnancy, miscarriage, or maternity leave. Dismissal because you are pregnant is automatic discrimination. Less favorable treatment in pay, promotion, or benefits during pregnancy or maternity leave is also discrimination. Protection extends for 2 weeks after maternity leave.

Types of Discrimination

Treating someone less favorably because of a protected characteristic. Examples: rejecting a job applicant because of their race, dismissing someone because they are pregnant, passing them over for promotion because of their age. Direct discrimination does not require proof of motive — intent does not matter.

A rule, practice, or policy that is neutral on its face but has a disproportionate adverse impact on people with a protected characteristic. Example: a height requirement for a job (neutral) but indirectly discriminates against women. Indirect discrimination can be justified if it is a proportionate means to achieve a legitimate aim.

Unwanted conduct related to a protected characteristic that has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, or offensive environment. Harassment is different from discrimination — it is about conduct, not treatment decisions. Examples: offensive jokes, unwanted touching, verbal abuse.

Unfavorable treatment because you have made a complaint about discrimination, brought a claim, supported someone else's claim, or given evidence in a discrimination case. Victimization is separate from discrimination — it is about retaliation for participating in the process.

If your employer fails to protect you from harassment by customers, clients, or other third parties (after you tell them), the employer may be liable. Example: a client makes offensive racial comments to an employee and the employer does nothing. This is the employer's responsibility to address.

Burden of Proof and Evidence

You (the claimant) must first establish facts from which discrimination could be inferred. Once you do, the burden shifts to the employer to prove they did not discriminate. This is the opposite of unfair dismissal, where the employer bears the burden throughout.

A comparator is someone who was treated more favorably in materially similar circumstances, with the difference being the protected characteristic. Example: You are not selected for promotion (you are a woman); a male colleague with similar experience is promoted. The male colleague is the comparator.

Useful evidence includes: discriminatory comments or jokes, patterns of less favorable treatment across multiple employees with the same characteristic, inconsistent application of company rules, pay gaps between protected groups, comments about protected characteristics in decision-making, and witness testimony. Timing can matter — if something happens shortly after disclosing a protected characteristic, that is circumstantial evidence.

Statistics alone do not prove discrimination. However, if a significant statistical disparity exists (e.g., women hold 10% of senior roles when they are 50% of the workforce), this can shift the burden of proof to the employer to explain why. Statistics support discrimination claims when combined with other evidence.

The employer must still prove discrimination did not occur. A documented reason is not enough if it is a sham or pretextual. If you have evidence (comments, inconsistent decisions, disparate impact), you can argue the documented reason was a cover for discrimination. The tribunal will look through the stated reason to the real reason.

Special Situations and Defenses

Employers must make reasonable adjustments to remove disadvantage caused by disability. Examples: allowing flexible hours for medical treatment, providing screen reading software, allowing breaks during the day. Failure to adjust (when reasonable) is discrimination in itself. "Reasonable" depends on practicality and cost.

Yes, but only in very limited circumstances. A genuine occupational requirement (GOR) allows discrimination if the protected characteristic is essential for the role. Example: hiring an actor to play a specific role. GORs are rare and narrowly construed — employers cannot use them as an easy defense.

Equal pay claims are a form of sex discrimination under the Equality Act 2010. You can claim equal pay if you are paid less than someone of the opposite sex for the same or materially similar work, or work of equal value. Comparators are important in equal pay cases.

Limited positive action is allowed under the Equality Act 2010. Employers can take steps to encourage underrepresented groups (e.g., targeted recruitment for women in tech), but cannot use quotas or preferential hiring. Positive action must be a proportionate means of achieving a legitimate aim.

The employer remains liable. Even if the person who discriminated has left, the employer can be held vicariously liable for the discrimination. The employer may try to argue they took steps to prevent discrimination, but liability typically lies with the employer, not just the individual.

Time Limits and Tribunal Process

3 months from the date of the last act of discrimination. If discrimination is ongoing, the time runs from when it stops. Unlike unfair dismissal, the tribunal has discretion to extend this time limit if "just and equitable" to do so. This gives you slightly more flexibility.

No. You can claim discrimination from your first day of employment. You do not need 2 years' service (unlike unfair dismissal). This is one of the key advantages of discrimination claims — you can claim even in your probation period.

Yes. Like unfair dismissal, you must notify ACAS before filing a tribunal claim. ACAS will attempt conciliation. The same process applies and the 3-month time limit is paused during ACAS early conciliation.

Many discrimination claims settle before hearing. Settlement is often through ACAS conciliation or a compromise agreement. Settlements are confidential and final — you cannot pursue the claim further once settled. Take care to understand your rights before settling.

No, but it is strongly recommended. Discrimination law is complex and evidence-heavy. Legal representation increases your chances of success. Many solicitors offer conditional fee agreements (no-win-no-fee) for discrimination cases.

Compensation and Awards

No. Unlike unfair dismissal (capped awards), discrimination awards are uncapped. You can recover unlimited compensation. This makes discrimination claims valuable compared to unfair dismissal.

Compensation includes: injury to feelings (emotional harm), economic loss (lost wages, benefits, pension), future loss (loss of earnings prospects), and aggravated damages (if the employer's conduct worsened the injury). The tribunal must award something for injury to feelings if discrimination is proven.

Vento bands set out guideline ranges for injury to feelings awards (updated regularly by the Employment Tribunal Judicial College). In 2026, typical bands are: lower band (£600-£6,000), middle band (£6,000-£20,000), upper band (£20,000-£40,000+). The actual award depends on the nature and duration of discrimination.

Yes. Lost pension contributions, loss of career-related pension growth, and loss of employer pension rights are recoverable in discrimination cases. This can be a significant part of the award for older claimants with long service.

Harassment awards can include injury to feelings but are generally lower than discrimination awards (reflecting the nature of the harm). Harassment claims are about the conduct itself, not necessarily a treatment decision. The same compensation principles apply, but the injury assessment may be different.

Yes. If you fail to take reasonable steps to mitigate your loss (e.g., find new work, seek medical treatment), your award can be reduced. The burden is on the employer to prove lack of mitigation. However, the fact of discrimination itself is not reduced — only the quantum of compensation.

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