Workplace discrimination — your rights under the Equality Act 2010

Learn what the 9 protected characteristics are, the types of discrimination, and how to bring an employment tribunal claim.

Do I need 2 years' service to bring a discrimination claim?

No. Discrimination claims have no qualifying period. You can claim from day one of employment. This is one of the key differences between discrimination and unfair dismissal.

What counts as harassment?

Harassment is unwanted conduct related to a protected characteristic that has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. Examples: racist jokes, repeated comments about your age, physical unwanted touching based on sex, mocking someone's religious practices.

What is injury to feelings in a discrimination case?

Injury to feelings is compensation for the emotional and psychological harm caused by the discrimination. The tribunal uses Vento bands to assess it: lower band (approx £1,300–£12,600), middle band (approx £12,600–£37,700), and upper band (approx £37,700–£62,900). There is no upper cap on discrimination awards.

How do I prove discrimination?

You don't need a smoking gun email. The burden shifts to the employer once you establish a prima facie case (you show less favourable treatment and a protected characteristic is the reason). The employer must then prove the discrimination didn't happen. Circumstantial evidence, comparators, and timing can all help establish discrimination.

Can I claim constructive dismissal and discrimination together?

Yes. You can claim you were constructively dismissed (forced to resign due to breach of contract) and that the conduct amounted to discrimination. This can result in higher compensation as you get both constructive dismissal damages and injury to feelings.

What is the time limit for bringing a discrimination claim?

It's 3 months from the last act of discrimination. For a series of acts, the 3-month period runs from the last act. This is why timing and documentation are critical — keep records of discriminatory incidents dated.

Do I need a comparator to prove direct discrimination?

In practice, yes. You need to show you were treated less favourably than someone in a comparable position who didn't share your protected characteristic. The comparator doesn't have to be a real person (you can use a hypothetical comparator), but you should identify who they would be.

The Equality Act 2010 protects 9 characteristics. Learn what counts as discrimination, the different types, and how to bring an employment tribunal claim.

Workplace discrimination — your rights under the Equality Act 2010

Protected characteristics

3 months from last act

The 9 protected characteristics

The Equality Act 2010 protects you from discrimination based on these 9 protected characteristics. If you've been treated less favourably because of any of these, you may have a discrimination claim.

Being treated differently because you're younger or older than colleagues.

Having a physical or mental impairment that has a substantial adverse effect on your ability to do day-to-day activities.

Proposed, undergoing, or having completed a process to change your gender or gender expression.

Marriage and civil partnership

Being married or in a civil partnership. Note: this is limited and doesn't cover discrimination based solely on marital status.

Pregnancy and maternity

Being pregnant or on maternity leave. Includes discrimination related to breastfeeding.

Colour, nationality, ethnic or national origin. Includes discrimination based on accent or assumptions about where you're from.

Any religion, or a lack of religion or belief. Includes philosophical beliefs and lack of belief.

Being treated less favourably because you are male or female.

Orientation towards people of the same sex, opposite sex, or both. Includes discrimination based on assumptions about orientation.

4 main types of discrimination

1. Direct discrimination

You are treated less favourably than someone else because of a protected characteristic.

"Your employer promotes a younger colleague instead of you, saying 'we need fresh energy in the team.' You have better performance reviews and experience."

2. Indirect discrimination

A neutral policy or practice puts people with a protected characteristic at a disadvantage, and the employer cannot justify it.

"Your employer requires all staff to work 9-5 in the office. This disproportionately disadvantages women with caring responsibilities. The employer has no business reason for the policy."

Unwanted conduct related to a protected characteristic that violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.

"A colleague repeatedly makes racist jokes about your ethnic background. You've asked them to stop, but they continue."

You are treated badly because you've raised a discrimination complaint, supported someone else's complaint, or given evidence in a discrimination case.

"You raise a formal complaint about age discrimination. Your manager then excludes you from meetings, gives you poor performance reviews, and threatens redundancy."

Related concepts: discrimination by association and perception

Discrimination by association

You can be discriminated against because of your association with someone who has a protected characteristic, even if you don't have that characteristic yourself.

"You are denied flexible working because you're a carer for a disabled relative. This may be disability discrimination by association."

Discrimination by perception

You can be discriminated against because others believe you have a protected characteristic, even if you don't actually have it.

"Your employer assumes you are Muslim based on your name and treats you differently. Even if you're not Muslim, this can be religion or belief discrimination."

Disability discrimination and the duty to adjust

Disability discrimination has a special aspect: your employer has a duty to make reasonable adjustments to support your work.

What is a reasonable adjustment?

A change to the workplace, working arrangements, or how you're treated that would enable you to do your job. Examples include:

Important: failure to make reasonable adjustments is a separate claim

If your employer fails to make a reasonable adjustment and this disadvantages you, that's a separate disability discrimination claim. You can claim for the financial and personal impact of this failure.

How to bring a discrimination claim

Time limit: 3 months from the last act of discrimination

For a series of discriminatory acts, the 3-month clock runs from the last act. Document everything with dates.

ACAS early conciliation is required

Before filing an ET1, contact ACAS for early conciliation (free). ACAS will try to help you settle. Your 3-month time limit is paused while this happens (usually 1 month).

Submit your ET1 claim form

File your claim with the employment tribunal with a clear description of the discriminatory treatment, when it happened, and what protected characteristic it relates to.

Burden of proof shifts to the employer

Once you establish a prima facie case (you show less favourable treatment and a protected characteristic is relevant), the burden shifts to the employer to prove the discrimination didn't happen. This is a big advantage.

Compensation is uncapped

Unlike unfair dismissal (which has a cap of £123,543), discrimination compensation is uncapped. It includes injury to feelings (using Vento bands), lost earnings, loss of pension, and future loss.

Vento bands: assessing injury to feelings

The tribunal uses Vento bands to assess compensation for injury to feelings (emotional harm) caused by discrimination. These bands are uplifted each April. Current figures (2026/27, in force):

For cases of isolated incidents, brief duration, or conduct that is less serious. Example: a single comment or brief hostile treatment.

For cases of persistent or serious conduct with significant impact on the claimant. Example: a pattern of racial harassment over months, or dismissal due to discrimination.

For cases of most serious discrimination, extreme conduct, or pervasive discrimination over a long period with severe impact. Example: systematic discrimination throughout employment leading to resignation.

Note: Vento bands are guidelines and the tribunal has discretion. The award depends on the severity and impact of the discrimination on the individual.

Frequently asked questions

Injury to feelings and Vento bands

Understand discrimination compensation bands.

Pay discrimination by gender and equal value.

Protected characteristics glossary

Age, race, sex, disability and more.

Think you've been discriminated against at work?

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Employment Rights Act 1996