Discrimination

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Discrimination

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Discrimination guide

Discover how UK equality law guards against workplace bias—defining protected traits, discrimination and harassment, mandating reasonable adjustments, and detailing tribunals and compensation routes to fight unfair treatment.

What is workplace discrimination?

Workplace discrimination occurs when an individual or group is treated unfairly or less favourably in a work setting due to specific personal attributes. These attributes may include aspects such as race, gender, disability or other legally protected characteristics. The impact can be wide-ranging, affecting not only the emotional and mental wellbeing of employees but also influencing their career development, earning potential and overall job satisfaction. Although the idea of discrimination might seem straightforward, understanding how it manifests in practice can be complex, which is why UK legislation provides clear definitions and frameworks to identify, prevent and address discriminatory behaviour.

In many situations, discriminatory practices can be subtle rather than overt. For instance, an employee might be consistently overlooked for a promotion because of their accent, or a colleague might receive negative comments about their religious attire. In other cases, discrimination can take the form of direct exclusion, such as refusing to hire a well-qualified candidate because of their age or a disability. These actions can create a hostile work environment, lowering morale and increasing staff turnover. Furthermore, employers may find themselves facing legal and financial consequences if they fail to manage and prevent discrimination in the workplace effectively.

Below are several key points that help outline what workplace discrimination entails:

  • Unfair or detrimental treatment of individuals or groups based on factors unrelated to their skills or abilities.

  • Potentially unlawful actions that contravene the rights of workers, such as exclusion from opportunities, harassment or victimisation.

  • A breach of the employer’s duty to provide a safe, equitable and respectful environment for all employees.

Discrimination at work can severely impact an individual’s confidence and wellbeing, sometimes creating an atmosphere in which they feel they cannot progress or voice their concerns.
— CIPD, 2022

When it comes to legal recourse, employees in the UK are protected under multiple regulations. The most prominent piece of legislation is the Equality Act 2010, which seeks to unify and strengthen existing discrimination laws. Through this legislation, employees have the right to challenge discriminatory treatment in employment tribunals if they cannot resolve these issues informally or via internal grievance procedures. Employers are also subject to strict guidelines that mandate proactive measures, such as implementing anti-discrimination policies and providing staff training.

Understanding the definition of workplace discrimination is the first step in preventing it. By recognising the nuances in how discrimination arises, both employers and employees can foster a culture of respect and inclusivity. Such an environment not only boosts employee satisfaction but also contributes to higher productivity levels and reduces legal risks for organisations.


Understanding protected characteristics

Protected characteristics are specific categories under UK law that safeguard individuals from unfair treatment. The Equality Act 2010 outlines these characteristics, emphasising that discrimination based on any of them is unlawful. This approach is designed to give everyone a fair opportunity in the workplace, regardless of personal attributes that have no bearing on job performance or potential. In essence, protected characteristics act as a legal shield against prejudice and inequality, reinforcing the principle that all employees deserve equal respect and opportunities.

Recognising these legally protected characteristics helps employers and employees alike appreciate why certain workplace behaviours may be considered discriminatory. An individual may not even be consciously aware that they are exhibiting bias. However, if certain behaviours place someone at a disadvantage because of characteristics such as age, race or disability, it falls under the remit of the Equality Act 2010. This framework encourages accountability and ensures that workplaces remain respectful, diverse and conducive to productive working relationships.

Below are the key protected characteristics recognised under UK law:

  • Age

  • Disability

  • Gender reassignment

  • Marriage and civil partnership

  • Pregnancy and maternity

  • Race

  • Religion or belief

  • Sex

  • Sexual orientation

The Equality Act 2010 provides a single, consolidated source of discrimination law, ensuring a consistent approach to tackling unfair treatment.
— EHRC, 2017

A critical aspect of understanding protected characteristics is acknowledging that discrimination can still occur even if it is unintentional. For instance, workplace policies that appear neutral on the surface could disproportionately disadvantage certain groups. A dress code policy that does not make allowances for religious attire may inadvertently discriminate against those with a particular faith. Similarly, failing to provide reasonable adjustments for employees with disabilities can result in discrimination claims. Employers need to be attentive to how policies and daily practices may impact different groups within their workforce.

By integrating inclusive policies, training and ongoing reviews of workplace culture, organisations create an environment where every person feels valued. Employees are encouraged to report concerns, and managers are better equipped to address them promptly. Moreover, fostering an inclusive environment is good for business. It can boost team morale, enhance innovation through diverse viewpoints and help companies attract and retain top talent.


The Equality Act 2010 overview

The Equality Act 2010 is the cornerstone of UK legislation aimed at preventing discrimination and promoting equality. This Act consolidated a range of previous anti-discrimination laws into one piece of legislation, simplifying and strengthening protections for individuals. In effect, the Equality Act 2010 was introduced to offer more robust safeguards against discriminatory practices in the workplace. It lays out specific duties for employers, guiding them on how to maintain fair and inclusive working environments. Understanding the provisions of this Act can be pivotal for both employers and employees seeking clarity on their rights and obligations.

One of the key aspects of the Act is that it identifies protected characteristics, ensuring that people cannot be singled out on these grounds. While the Act covers a wide range of settings, including schools and the provision of goods and services, it is particularly significant in the realm of employment. From recruitment through to the end of a working relationship, employers must take every reasonable step to comply with the legislation. Failure to do so can result in legal action, potentially involving significant compensation awards, reputational damage and an erosion of trust among staff.

Below is a brief table summarising some important elements of the Equality Act 2010:

Element of the Equality Act 2010 Description
Protected Characteristics Nine categories safeguarded from discrimination
Duty on Employers Requirement to prevent, address and rectify discrimination issues
Combined Discrimination (Dual Discrimination) Addresses discrimination based on two protected characteristics simultaneously
The Equality Act 2010 brought together a complex array of laws, ensuring a comprehensive approach to tackling discrimination across Great Britain.
— Government Equalities Office, 2010

Beyond the direct responsibilities, the Act also encourages employers to embed equality into their organisational culture. This includes offering training, creating inclusive policies and responding promptly to complaints of discrimination. While compliance with the Act can be seen as a legal obligation, many organisations view it as an opportunity to embrace diversity, harness different perspectives and improve their reputation as fair employers. On the employee side, awareness of one’s rights under the Act can empower individuals to speak up if they encounter discrimination, leading to a workplace that is not only legally compliant but also respectful, productive and forward-thinking.


Employer responsibilities

Employers in the UK have a legal duty to ensure that discrimination is neither practised nor tolerated in the workplace. Beyond the statutory obligations set out in the Equality Act 2010, there is a moral imperative to treat employees fairly. Many organisations consider inclusive and equitable treatment of staff as central to their success, because a content and diverse workforce is often more productive, innovative and committed. When employers recognise and proactively fulfil their responsibilities, they reduce the likelihood of costly legal disputes and build a workplace culture that attracts and retains talent.

One of the primary duties involves creating policies that explicitly prohibit discrimination, harassment and victimisation. These policies should be communicated clearly to all employees, typically during induction and ongoing training sessions. A vital step is establishing procedures for handling complaints, ensuring that anyone experiencing or witnessing discrimination knows how to report it. Managers and HR teams should be well-trained to recognise potential issues and intervene early. Prompt, confidential investigations of complaints not only address problems head-on but also reinforce the organisation’s commitment to a fair and respectful environment.

Below are some of the key responsibilities that employers should focus on:

  • Draft and enforce clear anti-discrimination policies

  • Provide regular training on equality and diversity

  • Offer reasonable adjustments for employees with disabilities

  • Review recruitment and promotion processes to eliminate unconscious bias

  • Encourage and protect whistleblowers who raise discrimination concerns

Employers should regularly assess their workplace culture, policies and practices to identify any risk of discrimination, ensuring compliance with the law and promoting equality for all employees.
— ACAS, 2021

Another aspect of employer responsibility involves fostering open communication. Regular employee surveys, anonymous feedback channels and focus groups can help identify issues before they escalate into formal grievances or tribunals. Employers must also keep abreast of legislative changes and emerging best practices in equality and diversity. By updating policies and procedures in line with new guidelines, employers signal their ongoing commitment to cultivating an inclusive workplace.

Building a positive environment is not just about avoiding legal pitfalls; it is also a strategic advantage. Businesses with robust diversity and inclusion programmes often experience stronger employee engagement and loyalty, leading to reduced turnover rates and enhanced public perception. Conversely, neglecting these responsibilities can result in significant challenges, including reputational damage, legal costs and the potential loss of valuable staff. By taking a proactive and comprehensive approach to preventing and addressing discrimination, employers can create a thriving workplace that meets both legal standards and ethical expectations.


Employee rights

Employees in the UK have a range of legal protections that safeguard them against discrimination in the workplace. These rights are meant to ensure that each individual, regardless of their background, has an equal chance to succeed and flourish in their chosen field. The cornerstone of these protections is laid out in the Equality Act 2010, which outlaws discriminatory conduct not only by employers but also by fellow employees. Crucially, employees hold the power to challenge discriminatory practices through internal processes and, if necessary, external legal avenues. Understanding these rights empowers workers to recognise unfair treatment and take appropriate steps to address it.

Although the law provides a robust framework, many employees may feel uncertain about how to exercise their rights in practice. Individuals can start by reviewing their organisation’s policies on equality and anti-discrimination. These policies typically outline the procedure for lodging complaints and seeking redress. Where workplace policies are inadequate or non-existent, employees can seek further guidance from trade unions, advice services or solicitors. Another important right is the ability to request reasonable adjustments in the case of disabilities. If an employee’s disability hinders their capacity to perform specific tasks, an employer is legally obliged to consider adjustments that would enable the employee to carry out their duties effectively.

Below are critical rights employees should be aware of:

  • Protection from discrimination based on protected characteristics

  • Right to a fair recruitment process and equal access to promotion opportunities

  • Right to request reasonable adjustments for disabilities

  • Right to lodge a formal grievance if discrimination is suspected

  • Right to take a claim to an employment tribunal if internal processes fail to resolve the issue

Employees who believe they have been discriminated against should raise their concerns promptly, either through internal grievance procedures or by seeking external advice if necessary.
— Citizens Advice, 2022

Although pursuing a discrimination claim can be daunting, individuals should remember that the law is there to protect them. In many instances, early and open communication with an employer can resolve issues without the need for legal recourse. However, if the situation remains unresolved, employees can take their case to an employment tribunal, where they may be awarded compensation for financial losses and the emotional impact suffered. Ultimately, awareness of these rights enables employees to take an active role in promoting fairness and equality in their professional environment, while also safeguarding their personal and professional interests.


Types of unlawful discrimination

Workplace discrimination can manifest in various ways, each with its own particular legal definition and implications. While the Equality Act 2010 sets out the protected characteristics, it also outlines distinct forms of unlawful discrimination. Recognising these different types not only helps employees understand what might be happening to them but also enables employers to spot and rectify potentially problematic practices. This clarity is essential because discrimination can be subtle and systemic, or it can be overt and targeted.

The main categories of unlawful discrimination include:

  • Direct discrimination: Treating someone less favourably because of a protected characteristic.

  • Indirect discrimination: Applying a policy or practice that appears neutral but puts a group sharing a protected characteristic at a disadvantage.

  • Harassment: Subjecting someone to unwanted conduct related to a protected characteristic that violates their dignity or creates a hostile environment.

  • Victimisation: Treating a person unfavourably because they have complained about discrimination or supported someone else’s complaint.

Under the Equality Act, indirect discrimination does not require a deliberate intention to discriminate; it focuses on the effect of a policy or practice.
— EHRC, 2023

One illustrative example of indirect discrimination might be a shift pattern that does not accommodate certain religious observances. Although the employer’s policy applies to all employees, it may disproportionately affect those of a particular faith, making it harder for them to comply with workplace requirements. Conversely, direct discrimination could involve denying training opportunities to someone purely because they are of a certain age or refusing to hire an individual due to their disability.

Employers who fail to address these issues may face serious consequences. Not only can discriminatory practices harm staff morale and productivity, but they also expose an organisation to legal claims and reputational damage. Taking steps to ensure that all policies and decision-making processes are fair, transparent and inclusive is vital. Employees, on the other hand, should stay informed about these various forms of discrimination and know how to spot them. Being able to identify the nature of the discrimination can significantly strengthen any grievance or legal action taken. This understanding also empowers individuals to engage in constructive discussions with employers aimed at resolving problems in a fair and equitable manner.


Harassment and victimisation

Harassment and victimisation are specific types of unlawful behaviour that can significantly disrupt workplace harmony and wellbeing. Both are prohibited under the Equality Act 2010, yet they often go unchecked due to misconceptions about what constitutes inappropriate conduct. Harassment involves unwelcome or offensive actions directed at an individual because of a protected characteristic, whereas victimisation entails mistreating someone who has made, or intends to make, a complaint of discrimination.

Workplace harassment can take many forms, including verbal abuse, offensive jokes, unwanted physical contact or distributing materials that demean a protected group. It can also be more subtle, such as deliberately excluding someone from meetings or social events. When such behaviours occur frequently or escalate in severity, they can create a toxic environment, hindering employees’ productivity and mental health. In many cases, victims may be reluctant to come forward for fear of not being taken seriously, or because they worry about potential reprisals. A crucial step towards resolving harassment claims is building awareness and establishing clear reporting mechanisms within the organisation.

Victimisation, on the other hand, occurs when an individual is singled out for negative treatment because they have raised a concern about discrimination or supported someone else’s complaint. It may manifest as a denial of promotion, unwarranted disciplinary action or even dismissal. The law recognises that individuals who speak up about discrimination must be protected, otherwise the entire purpose of anti-discrimination legislation is undermined.

Below are some indicators that harassment or victimisation may be occurring:

  • Repeated unwelcome comments or jokes related to a protected characteristic

  • Sudden negative changes in work assignments or performance reviews after making a complaint

  • Exclusion from social or professional opportunities following a discrimination allegation

  • Direct intimidation aimed at preventing an individual from pursuing a complaint

Harassment and victimisation can escalate if left unchecked, damaging morale and productivity throughout the organisation.
— CIPD, 2020

To address harassment or victimisation, employers should adopt clear and confidential procedures, encouraging employees to report incidents without fear of repercussion. Organisations can reinforce this culture of respect by providing management training on recognising and handling such issues. Equally important, employees should familiarise themselves with internal processes and external resources, such as Acas or trade unions, which can offer guidance and support. By taking a zero-tolerance approach to harassment and victimisation, workplaces can uphold the dignity and rights of all individuals, leading to a more harmonious and productive environment.


Discrimination in recruitment

The recruitment stage is often where discrimination can first emerge in an employment relationship. Employers must ensure that their processes do not inadvertently filter out candidates based on protected characteristics. This includes the language used in job advertisements, the criteria set for applicants and the conduct of interviews. Bias, whether conscious or unconscious, can lead to excluding highly capable individuals, depriving both the candidate of an opportunity and the organisation of valuable talent. Hence, a fair and transparent recruitment process is not only a legal requirement but also a beneficial practice for employers who wish to broaden their talent pool.

One of the more common pitfalls is the use of discriminatory language or requirements in a job description. For instance, specifying that applicants must be of a certain age or must speak English without an accent can unfairly limit the range of suitable candidates. Interviewers may also inadvertently display bias by asking questions related to personal circumstances, such as family planning or health issues, which can lead to unequal treatment. Employers who neglect these issues risk not only missing out on top-tier candidates but also facing legal consequences should a candidate bring forward a discrimination claim.

Key steps for employers to avoid discrimination in recruitment include:

  • Use neutral, inclusive language in job advertisements and descriptions

  • Focus on essential job criteria rather than irrelevant personal factors

  • Offer alternative assessment methods for candidates with disabilities

  • Provide interviewer training to recognise and mitigate biases

  • Keep records of recruitment decisions to ensure fairness and transparency

Clear, measurable criteria for recruitment decisions help employers demonstrate objectivity and fairness in their hiring process.
— ACAS, 2019

For candidates, being aware of their rights can empower them to recognise signs of possible discrimination. If, for example, a pregnant applicant is asked questions about her future childcare arrangements or if a candidate from an ethnic minority background is subjected to stereotypical assumptions, these could be indications of unlawful conduct. It is advisable for candidates to note any suspicious questions or behaviours during the recruitment process, in case they wish to pursue a complaint later. A fair recruitment process is essential for building a diverse and inclusive workforce, and it sets a strong foundation for positive employment relationships from the outset.


Promotion, training and career progression

Opportunities for promotion, training and career progression can be a flashpoint for discrimination if employers do not handle these processes with transparency and equity. Employees who are consistently overlooked for advancement may feel undervalued, particularly if they believe the cause is linked to their protected characteristics, such as race, age or disability. Not only can this lead to a loss of high-performing staff, but it can also prompt legal challenges and tarnish the organisation’s reputation. By ensuring fair access to promotions and professional development, employers foster a culture where everyone has an equal chance to thrive.

A key step is establishing objective criteria for promotions and training allocations. Employers should communicate these criteria openly, so that employees fully understand how decisions are made. In some cases, bias can be unconscious; managers might favour individuals who resemble themselves in background or personality. Regular training for decision-makers can help them recognise their biases and counteract them. Additionally, implementing a robust system for employee performance reviews can provide transparent data points, reducing the likelihood of discriminatory decisions.

To minimise the risk of discrimination and encourage career development, employers can:

  • Conduct fair and consistent performance evaluations for all employees

  • Provide open access to training programmes and encourage staff to apply

  • Offer mentorship schemes to support professional growth

  • Monitor promotion outcomes to identify any patterns of underrepresentation

  • Consult employees on their career goals during performance reviews

Organisations that embrace diverse talent and support inclusive career development often see improvements in innovation, productivity and employee engagement.
— CIPD, 2018

For employees, understanding the organisation’s criteria for promotion and training is crucial. If decisions lack clarity or consistently exclude certain groups, it could signal discrimination. In such scenarios, an informal discussion or direct feedback can help clarify whether an oversight is at play or if there is a deeper bias within the system. If concerns remain unresolved, employees might consider filing a formal grievance. Employers who genuinely wish to cultivate a culture of meritocracy will appreciate candid feedback and respond by enhancing the fairness and transparency of their processes. In turn, this ensures that the best candidates rise through the ranks, driving the organisation’s growth and success.


Handling workplace grievances

Workplace grievances related to discrimination must be managed with care, timeliness and impartiality to prevent minor disputes from escalating into full-blown legal challenges. When an employee raises a complaint, the employer has a duty to investigate thoroughly, respecting the confidentiality and dignity of all parties involved. While many organisations have their own policies outlining the grievance procedure, these should align with best practice guidelines and the legal framework set out in the Equality Act 2010.

The first stage often involves an informal discussion between the complainant and a line manager or HR representative. If this approach fails to resolve the issue, a more formal grievance procedure should be initiated. This typically involves the employee submitting a written complaint, which the employer then investigates by gathering evidence and interviewing relevant witnesses. Both sides should be given an opportunity to present their case. Maintaining transparency and fairness throughout the process is crucial, as any perception of bias can undermine trust and increase the likelihood of tribunal claims.

Employers can enhance their grievance handling by:

  • Providing clear guidelines on how to raise a grievance

  • Appointing impartial investigators who have no vested interest in the outcome

  • Ensuring a swift response to all complaints, with specific timelines for each stage

  • Keeping records of the investigation and findings in a secure manner

  • Offering an appeals process if the complainant or the accused feels the decision is unjust

A fair and structured approach to handling employee grievances fosters trust and can resolve many discrimination complaints before they escalate.
— EHRC, 2020

For employees, the grievance process should be viewed as a structured way to seek resolution. It is generally advisable to follow each step outlined in the company’s procedure before considering legal action, unless the circumstances are extremely severe. Engaging in open, respectful dialogue during the investigation can help clarify misunderstandings and potentially lead to a satisfactory resolution. However, if the grievance remains unresolved or if there are procedural failings, employees may opt to lodge a complaint with an employment tribunal. Employers who demonstrate genuine commitment to addressing discrimination issues often find that trust is maintained or even strengthened during the process, ultimately contributing to a healthier work environment.


Investigations and disciplinary procedures

When allegations of discrimination arise, employers must launch an impartial and detailed investigation to ascertain the facts. These investigations can be challenging, particularly if the claims involve complex issues like indirect discrimination or harassment. Nonetheless, the objective is to collect enough evidence to either substantiate or refute the allegations and then decide if disciplinary action is warranted. A thorough process not only upholds the rights of the complainant but also protects the accused from unfounded claims, thereby reinforcing overall fairness and trust.

Employers typically follow a systematic approach that may include interviews with the complainant, the accused and any witnesses. Documentary or digital evidence, such as emails or messages, might also form part of the inquiry. Throughout the investigation, confidentiality is paramount. Information should be shared only with those who genuinely need it for the process. Investigations must also adhere to the organisation’s guidelines and align with legislation such as the Equality Act 2010 and the ACAS Code of Practice on disciplinary and grievance procedures.

Below is an example framework for a disciplinary investigation:

  1. Gather initial details of the complaint

  2. Appoint an impartial investigator

  3. Conduct interviews and collect relevant evidence

  4. Assess findings against company policies and legal standards

  5. Determine if disciplinary action is necessary

  6. Ensure right of appeal for all parties

Impartial and well-structured investigations are fundamental to establishing trust and credibility in the disciplinary process.
— ACAS, 2021

Disciplinary procedures, if triggered, should be applied consistently. Depending on the severity of the discrimination proven, actions can range from formal warnings to dismissal. In less severe cases, remedial steps like training or mediation might be more appropriate. From an employer’s perspective, consistency in applying these measures is crucial for maintaining an equitable culture. From an employee’s standpoint, familiarity with the procedure ensures that they understand their rights and responsibilities during the process. Ultimately, impartial investigations and fair disciplinary procedures can resolve disputes effectively, preserving a respectful workplace and reducing the likelihood of further legal complications.


The role of trade unions and employee representatives

Trade unions and employee representatives can play a vital part in preventing, identifying and addressing workplace discrimination. They act as independent advocates for employees, offering guidance, support and, in some cases, legal representation. This involvement can be particularly helpful for individuals who might feel too intimidated to raise concerns about discrimination on their own or who are unaware of their full legal rights. Unions and representatives also engage in collective bargaining, ensuring that wider policies and practices within an organisation do not inadvertently disadvantage any particular group.

One of the key functions of trade unions is to negotiate fair terms and conditions for all members. This often includes advocating for policies that promote equality and diversity, such as flexible working arrangements or adjustments for individuals with disabilities. In addition, they may collaborate with management to develop training programmes on anti-discrimination. By playing a proactive role in policy formulation, trade unions and representatives help foster an inclusive culture that benefits everyone in the organisation, not just union members.

Typical ways in which trade unions and employee representatives can assist include:

  • Offering confidential advice to employees facing discrimination

  • Mediating conflicts between employees and employers

  • Accompanying employees to grievance or disciplinary hearings

  • Negotiating equal opportunity clauses in collective agreements

  • Campaigning for broader legislative protections at industry or national levels

Trade unions have historically championed workers’ rights, including the fight against discrimination and unfair treatment in the workplace.
— TUC, 2019

Employees who are not union members can still seek advice from professional bodies, or they might appoint a colleague as a representative in grievance or disciplinary meetings. The presence of a knowledgeable and supportive ally can bolster an employee’s confidence, helping them articulate their case effectively. Employers, in turn, can benefit from engaging constructively with trade unions, as it provides a platform for open dialogue and problem-solving. An environment where employees feel supported by their union or representative often leads to quicker, more amicable resolutions of discrimination disputes, contributing to a healthier, more equitable workplace overall.


Navigating a discrimination claim can be complex, and seeking expert legal advice often provides clarity on the most effective course of action. Although employees can undertake an internal grievance process independently, situations involving complicated allegations or higher stakes—such as potential dismissal or sustained harassment—may benefit from professional counsel. Legal advisors specialising in employment law can help interpret the Equality Act 2010, assess the merits of a claim and recommend remedies. Their expertise also extends to preparing and submitting formal tribunal applications, should that step become necessary.

Before engaging a solicitor, individuals may wish to consult resources such as Citizens Advice or advice pages from reputable organisations. These services often provide initial guidance at no cost. However, for matters requiring specific legal arguments or evidence collection, a professional solicitor offers the reassurance of specialist knowledge. Some solicitors provide an initial consultation at a reduced rate or for free, enabling clients to determine whether they have a viable case. Additionally, trade unions often employ legal experts who can support their members through complex discrimination disputes.

To facilitate the process of seeking legal advice, employees can:

  • Compile all relevant documentation such as emails, performance reviews or witness statements

  • Keep a diary of discriminatory incidents with dates, times and details

  • Familiarise themselves with internal grievance procedures

  • Contact reputable sources like Acas, trade unions or Citizens Advice for initial advice

  • Research and compare solicitors specialising in employment law

Timely, expert legal advice can significantly influence the outcome of a discrimination case, offering pathways to resolution that might not otherwise be considered.
— Law Society, 2021

While seeking legal counsel may appear daunting, understanding one’s rights early on can make the difference between a swift resolution and prolonged conflict. A qualified solicitor will analyse the strengths and weaknesses of the claim, advise on settlement options and guide the individual through each stage of the tribunal process if necessary. Ultimately, appropriate legal support empowers employees to challenge discriminatory practices and can deter employers from perpetuating unfair treatment in the future. By taking this route, individuals can assert their rights more confidently and move towards a just and equitable resolution.


The role of Acas

Acas (Advisory, Conciliation and Arbitration Service) plays a pivotal role in resolving employment disputes, including those involving allegations of discrimination. Funded by the UK government, Acas operates independently to offer free and impartial advice to both employers and employees. Its primary objective is to improve workplace relationships and prevent disputes from escalating into legal proceedings. By engaging with Acas early, many organisations and individuals find more constructive and cost-effective solutions than going through an employment tribunal.

One of Acas’s notable functions is its Early Conciliation service, which became mandatory for most employment disputes before they can proceed to a tribunal. Early Conciliation allows the parties involved to discuss their issues with the assistance of an Acas conciliator, who remains neutral. This confidential process often leads to mutually agreeable settlements without the burden of legal fees or drawn-out hearings. Even if Early Conciliation fails to resolve the dispute, participation demonstrates a willingness to negotiate, which can be viewed favourably if the matter eventually goes before a tribunal.

Below are some ways Acas supports employees and employers:

  • Telephone helpline providing immediate guidance on employment issues

  • Early Conciliation service to resolve disputes before formal legal action

  • Training and advisory services for employers to improve workplace policies

  • Free resources such as guides and templates on handling grievances and fostering good practice

  • Collective conciliation for larger-scale disputes involving trade unions or multiple employees

Early engagement with Acas often reduces the financial and emotional toll of workplace disputes, guiding parties towards cooperative solutions.
— Acas, 2020

Acas also publishes a range of informational materials on equality and diversity, helping employers to create more inclusive environments. While Acas cannot enforce decisions like a tribunal, its recommendations carry significant weight. Failure to follow Acas guidelines can be considered in tribunal proceedings, possibly influencing the outcome. For employees and employers alike, engaging with Acas services offers a structured, supportive route to dispute resolution, potentially preserving working relationships and mitigating the distress that often accompanies formal legal action.


Going to an employment tribunal

If internal grievance procedures and other attempts at resolution fail, the next step may involve lodging a claim with an employment tribunal. Tribunals are impartial judicial bodies that rule on employment disputes, including discrimination cases. Filing a claim requires adherence to specific procedures, including the mandatory Early Conciliation through Acas. Once the relevant paperwork is completed and submitted, the tribunal process begins. Claimants should be aware that this route can be time-consuming, potentially spanning several months or even longer, depending on the complexity of the case.

Before deciding to proceed, claimants should weigh the possible outcomes and the emotional, financial and career implications. While tribunals can award compensation to individuals subjected to discrimination, there is no guarantee of success. Legal representation, although not obligatory, can significantly strengthen a case by helping claimants compile evidence, question witnesses and formulate persuasive arguments. Equally, employers often enlist solicitors to contest such claims, highlighting the importance of professional advice.

A typical tribunal process may include:

  1. Submitting a claim outlining the allegations

  2. Employer response presenting a defence

  3. Case management orders to organise evidence and set deadlines

  4. Preliminary hearing to clarify issues or consider a settlement

  5. Full hearing where both sides present evidence before a judge

  6. Decision and possible award if discrimination is proven

Stage Purpose Outcome
Preliminary Hearing Clarify legal and factual issues Directions for next steps
Full Hearing Examine evidence and witness testimonies Legally binding judgment and remedies
Remedies Hearing Decide level of compensation (if discrimination is proven) Compensation award, recommendations for employer
While tribunals offer a formal route to resolve discrimination claims, many cases settle beforehand to avoid the unpredictable nature and cost of a full hearing.
— Government Guidance, 2018

For many, the tribunal path is a last resort, taken only when all other means have been exhausted. The process can be stressful, and an unsuccessful claim can leave the claimant liable for certain costs in rare circumstances. Nonetheless, tribunals serve a crucial function in upholding employment rights, particularly when employers refuse to acknowledge or rectify discriminatory practices. By understanding the structure, timeframe and possible outcomes, claimants can better prepare themselves, both legally and emotionally, for what the tribunal entails. Employers, on the other hand, should view the risk of tribunal claims as a compelling incentive to maintain robust anti-discrimination measures and prompt dispute resolution strategies.


Remedies and compensation

When an employment tribunal upholds a discrimination claim, it can issue a range of remedies to address the harm suffered by the employee. Although financial compensation is the most commonly understood remedy, tribunals can also make declarations and recommendations aimed at preventing future occurrences of discrimination within the organisation. The aim of compensation is to place the claimant in a position as close as possible to the one they would have been in had the discrimination not occurred. This can include compensation for lost earnings as well as injury to feelings, reflecting the emotional distress caused by the unlawful treatment.

Typically, compensation awards for discrimination are uncapped, setting them apart from some other employment claims. However, tribunals will look at the specifics of the case to decide on an appropriate sum. For instance, more severe or prolonged discrimination may result in a higher award. Conversely, if the employee’s losses are limited, or if they contributed to the escalation of the dispute, the award might be lower. Tribunals also take into account any efforts the employer made to rectify the issue, such as offering mediation or implementing new anti-discrimination policies.

Common types of tribunal remedies include:

  • Declarations stating that discrimination took place

  • Recommendations requiring the employer to take certain actions (e.g., revising policies, providing training)

  • Financial compensation covering actual losses (e.g., lost wages) and injury to feelings

Tribunals consider multiple factors when calculating compensation, including the seriousness of the discrimination, the financial loss, and the emotional impact on the individual.
— CIPD, 2019

It’s worth noting that awards for injury to feelings often follow what are known as Vento bands—guidelines setting out lower, middle and upper compensation levels. While these bands provide structure, each case is still treated on its individual merits. Beyond monetary redress, the public nature of tribunal judgments can motivate employers to improve their practices to avoid future claims and reputational harm. For employees, a successful claim can bring a sense of justice, but it can also be a lengthy and emotionally taxing process. Therefore, understanding the range of potential remedies and carefully considering all options beforehand can guide individuals toward the most appropriate path to resolution.


Preventing discrimination: policies and training

Proactive measures to prevent workplace discrimination are not only a moral and legal obligation but also a strategic investment in organisational wellbeing. By fostering an inclusive environment, employers can minimise conflicts, reduce staff turnover and bolster their public image as an equitable employer. These outcomes often start with well-crafted, regularly updated policies that set clear standards of conduct and outline consequences for violations. Accompanying these policies with robust training ensures that all employees, particularly those in management or HR roles, understand their responsibilities.

Effective anti-discrimination policies typically detail the organisation’s commitment to equality, the range of protected characteristics, and procedures for addressing concerns. Such policies should be easily accessible and form part of onboarding processes, so that new hires understand the culture of the organisation from day one. Regular reviews of these policies help keep them aligned with legislative changes and emerging best practices. Training sessions, whether face-to-face or online, reinforce this knowledge, providing examples and scenarios that help employees recognise bias and discrimination.

Below are key strategies for preventing workplace discrimination:

  • Develop clear, concise anti-discrimination policies with input from diverse employee groups

  • Implement regular training and workshops on equality, inclusion and unconscious bias

  • Set up safe channels for employees to report concerns without fear of reprisal

  • Conduct periodic audits of policies, recruitment practices and promotion procedures

  • Demonstrate leadership commitment through visible support from senior management

Workplaces that actively foster a culture of inclusion see higher levels of job satisfaction, creativity and overall performance.
— EHRC, 2022

By embedding these principles into everyday working practices, organisations shift their focus from merely reacting to incidents of discrimination to preventing them altogether. This shift often involves adopting a continuous improvement mindset, where feedback from employees is encouraged and acted upon. Some employers establish diversity and inclusion committees or appoint dedicated officers to oversee these initiatives. While the initial investment in training and policy development can be substantial, the long-term benefits—in reduced legal risks and improved workforce morale—frequently outweigh these costs. Cultivating a respectful and inclusive environment is not a one-time project but an ongoing commitment that ultimately benefits everyone in the organisation.


Resources and support organisations

In the UK, numerous organisations offer resources, advice and support to individuals experiencing discrimination, as well as to employers striving to create inclusive workplaces. Whether someone needs legal assistance, emotional support or strategic guidance, these organisations serve as valuable points of reference. Many operate telephone helplines, online chat services or publish comprehensive guides on their websites, making it easier for people to find the specific type of help they need.

Organisations like Citizens Advice and Acas provide free, impartial information on workplace rights, including an overview of how to recognise and report discrimination. Some charities focus on particular protected characteristics, such as Disability Rights UK or Age UK, offering tailored advice to those communities. Trade unions also fall into this category, with their dedicated representatives providing advocacy and guidance for union members. Employers can turn to bodies like the Chartered Institute of Personnel and Development (CIPD) or Business in the Community for best-practice guidelines on diversity and inclusion.

Common services provided by support organisations include:

  • Confidential helplines to discuss concerns and next steps

  • Online resources including fact sheets, FAQs and template letters

  • Legal clinics or referral services for expert advice

  • Community forums and support groups to share experiences

  • Training and consultancy services aimed at employers

Access to specialised organisations can be the difference between an unresolved issue and a successful resolution, providing the knowledge and support individuals need to assert their rights.
— Citizens Advice, 2021

These support services not only benefit those facing discrimination but also guide employers looking to improve their practices. Engaging with external specialists can offer fresh insights and help an organisation adapt its policies in line with legislative changes. In some cases, forming partnerships with these bodies can boost an organisation’s reputation as socially responsible and committed to equality. Ultimately, the collective knowledge and guidance provided by these resources can empower individuals to stand up against discrimination and encourage employers to uphold the highest standards of fairness and respect.


Conclusion

Discrimination in the workplace presents legal, ethical and practical challenges, affecting both individuals and organisations in profound ways. For those who experience or witness it, discrimination can undermine confidence, stifle career prospects and create a hostile environment. From an employer’s perspective, failing to tackle discrimination jeopardises not only their legal compliance but also the wellbeing and productivity of their workforce. Effective measures to prevent and address workplace discrimination hinge on understanding the legal framework—primarily guided by the Equality Act 2010—and implementing policies and practices that foster an inclusive, respectful culture.

Central to this pursuit is acknowledging that discrimination can be overt or subtle, direct or indirect. It can emerge during recruitment, in opportunities for promotion, or through harassment and victimisation. However, UK law offers protections through tribunal processes, and organisations such as Acas provide pathways for conciliation. Employers can minimise the risk of disputes by establishing clear anti-discrimination policies, training staff, and regularly reviewing workplace culture and procedures. Employees, in turn, have the right to report unfair treatment and, if necessary, seek redress through legal channels.

Addressing workplace discrimination is not only a legal requirement but also a catalyst for positive organisational change, improving trust, motivation and overall performance.
— Equality and Human Rights Commission, 2019

By focusing on prevention, taking swift action when issues arise and adopting a continuous improvement mindset, workplaces can transform potential conflicts into opportunities for growth. Ultimately, a commitment to fairness and respect goes beyond compliance. It helps build a sense of belonging and engagement among employees, enhancing both individual satisfaction and organisational success.


Frequently Asked Questions

Recognising discrimination

How can I tell if certain workplace treatment is discrimination or just poor management?

Poor management often affects all employees equally, while discrimination targets individuals or groups because of specific protected characteristics. If you notice that biased remarks, decisions or actions are consistently aimed at you or others with a particular protected trait—such as race, sex or age—this may indicate discrimination. Keep records of incidents, along with any evidence that suggests your treatment differs from colleagues who do not share that characteristic.

Are isolated comments about my appearance or background always considered harassment?

Not necessarily. An isolated remark, while inappropriate, may not meet the legal threshold for harassment. However, if these comments become frequent or create a hostile environment, the behaviour could be classed as harassment under the Equality Act 2010. If an offensive comment upsets you, raise the issue promptly with a manager or HR representative to prevent it from escalating.

Why is the Equality Act 2010 so important in workplace disputes?

The Equality Act 2010 consolidates several anti-discrimination laws into one piece of legislation, making it easier for employers and employees to understand their rights and obligations. It sets out the concept of protected characteristics, clarifies different types of discrimination and helps standardise the approach to handling workplace equality issues.

Does the Equality Act 2010 apply to self-employed contractors?

It can, depending on the nature of your working arrangement. If you are genuinely self-employed and control how and when you work, the Act may not cover you fully. However, if the relationship is similar to employment—where the hiring party exerts substantial control over your work—the law might still protect you from discriminatory treatment. Expert legal advice can clarify your position.

Employer obligations

What are the key actions employers must take to prevent discrimination?

Employers should have a clear policy outlining what constitutes discrimination, the process for reporting incidents and the steps taken to address breaches. They must also ensure that all staff receive regular training on these policies. Employers are expected to make reasonable adjustments for disabled employees, and they should promote equality in recruitment, promotions and day-to-day management practices.

Do small businesses have the same responsibilities as large companies?

Yes. All employers, regardless of size, must comply with anti-discrimination laws. However, the way they fulfil these obligations can differ. A large organisation might have a dedicated HR team, while a small business owner may manage everything themselves. In both cases, the law expects employers to prevent and address discrimination in the workplace.

Employee rights

Am I protected if I’m still in my probation period?

Yes. Discrimination laws apply from the moment you start applying for a job, so being on probation does not exempt an employer from compliance. If you believe you have been discriminated against, you can raise a complaint internally or seek external advice even if you are still within your probationary period.

Can my employer dismiss me for complaining about discrimination?

Dismissing an employee because they complained about discrimination is unlawful victimisation. If your employer terminates your contract in apparent retaliation for raising a valid concern, you may have grounds for both an unfair dismissal and a discrimination claim. Seek legal advice if you find yourself in this situation.

Practical steps for employees

Should I raise a grievance or speak informally first?

It often depends on the severity of the issue and how comfortable you feel discussing it. Many workplace policies recommend addressing the matter informally in the first instance, especially if the discrimination seems unintentional or based on misunderstanding. If informal attempts fail or if the matter is severe, submitting a formal grievance is the next step.

What if my employer does not take my complaint seriously?

If your employer fails to act on your complaints or dismisses them without proper investigation, you can seek guidance from external sources such as Acas, Citizens Advice or trade unions. Ultimately, you may have to take your claim to an employment tribunal if internal remedies prove inadequate.

The tribunal process

Will I need to appear in person at the employment tribunal?

Most discrimination cases will require you to attend the tribunal in person so you can give evidence and answer questions. In certain circumstances, remote hearings or special arrangements may be made, particularly if you have a disability or health issue that makes attendance challenging. Speak with your legal representative about the options.

How long does the tribunal process usually take?

There is no set timeframe; it can vary from a few months to over a year, influenced by factors like case complexity, evidence gathering and tribunal availability. Timely engagement with Acas and thorough preparation of evidence can help streamline the process.

Resolving disputes

Can mediation be used instead of going straight to a tribunal?

Yes. Mediation can be an effective way to resolve disputes without the time, cost and stress of formal proceedings. Both parties must agree to mediation, and a neutral third party guides discussions toward a mutually acceptable solution. Many employers offer mediation as part of their internal processes, and Acas also provides this service.

If I settle, can I still raise the issue again?

Settlements usually involve signing a legally binding agreement known as a COT3 (when facilitated by Acas) or a settlement agreement. This document typically prevents you from raising the same claim again, so it’s crucial to be certain the settlement terms are fair and final.

After a claim

What happens if I win my case but still face hostility at work?

Your employer should take steps to ensure that any discrimination stops immediately and should not allow further victimisation. If hostility persists, raise this concern promptly through the grievance process. You may have grounds for additional legal action if the problem continues.

Can I claim compensation for emotional distress?

Yes. The tribunal can award compensation for injury to feelings, in addition to lost earnings. The level of damages typically follows guidelines known as Vento bands, which reflect the seriousness and impact of the discrimination on your emotional wellbeing.

Specific scenarios

What if a customer or client discriminates against me, rather than a colleague?

Your employer has a duty to protect you from discrimination, harassment or victimisation by anyone you come into contact with as part of your job. If a client or customer discriminates against you and your employer fails to act, you may have grounds for a claim against the employer as well as the individual client.

Can I be discriminated against for living with or caring for someone with a protected characteristic?

Discrimination by association is possible, particularly in cases involving disabilities or race. Although you might not have the protected characteristic yourself, if you are treated unfairly because of your association with someone who does, you could potentially bring a claim under the Equality Act 2010.

Employer support

How can I reassure employees that I take discrimination seriously?

Communicate openly about policies, ensure managers receive equality and diversity training and encourage staff to report concerns without fear of repercussion. Leading by example, such as actively discussing diversity initiatives and celebrating events that raise awareness of different cultures, also helps instil confidence in your commitment.

Should I involve legal experts when drafting anti-discrimination policies?

While not a legal requirement, consulting experts, whether in-house or external, can ensure your policies are compliant with the latest legislation. This step can be especially important for small or newly established businesses unfamiliar with the legalities surrounding workplace discrimination.

Role of Acas

How does Early Conciliation with Acas work?

Before making an employment tribunal claim, most employees must notify Acas. Acas then offers the Early Conciliation service, where an independent conciliator contacts both parties to see if they can reach a voluntary settlement. If a settlement cannot be reached, Acas issues a certificate allowing the claim to proceed to a tribunal.

Will Acas side with me or my employer?

No. Acas remains impartial throughout the process. Conciliators do not take sides; they simply facilitate dialogue between you and your employer in an effort to find common ground and avoid lengthy legal proceedings.

Preventative measures

What if training staff on discrimination is too time-consuming?

While training requires a time investment, it significantly reduces the risk of discrimination incidents that could result in costly claims and damage workplace culture. Many organisations find that well-structured, concise sessions can be highly effective without overly disrupting daily operations.

Should we monitor diversity statistics in recruitment?

Monitoring diversity can be useful for spotting patterns of unconscious bias. Many employers collect data on age, ethnicity, gender and other characteristics (on a voluntary basis) during recruitment to identify any unintended barriers in their hiring processes. Handling this information confidentially is crucial to maintain trust and comply with data protection laws.

Practical guidance

Can I ask job applicants about their health or disability during the recruitment process?

Generally, you should avoid asking health-related questions before making a job offer, except in specific circumstances (e.g., to ensure the candidate can perform essential job functions). Once an offer is made, you can discuss any reasonable adjustments needed to support the individual’s work.

Do I have any rights to flexible working as a parent or carer?

Yes. If you’ve worked for your employer for at least 26 weeks, you can formally request flexible working. While your employer can refuse if there is a legitimate business reason, discriminating against you because of your caring responsibilities could be unlawful, especially if it disproportionately impacts women or those with certain protected characteristics.


Still have questions?

If, after reading this guide, you still have questions about any aspect of workplace discrimination—be it identifying unfair treatment, navigating grievance procedures or understanding your rights—consider speaking directly with a qualified expert. Personalised advice can offer clarity and reassurance, especially in complex situations that don’t fit neatly into general guidelines. An expert can delve into the specifics of your case, advise you on next steps and help you make informed decisions about protecting your rights and wellbeing.


Glossary

Acas (Advisory, Conciliation and Arbitration Service)

Acas is an independent public body in the UK that aims to improve workplace relationships through free and impartial advice, training and mediation services. It plays a key role in resolving employment disputes, including discrimination claims, often before they escalate to tribunals.

Acas Code of Practice

This Code provides practical guidance on disciplinary and grievance procedures. While it is not legislation, employment tribunals take compliance with the Acas Code into account, and failure to follow it can influence the level of compensation awarded in discrimination cases.

Age discrimination

Age discrimination occurs when an individual is treated unfairly in a work context because of their age. Employers must ensure that policies, job adverts or workplace practices do not exclude or disadvantage individuals based on age alone.

Anonymous witness

An anonymous witness is someone who provides testimony without revealing their identity. In discrimination cases, tribunals may allow anonymity if there is a genuine fear of reprisal, but it is relatively rare and subject to strict oversight to maintain fairness for both parties.

Appeal

An appeal is a request made by a party in a legal dispute—often after a tribunal decision—to have the case reviewed by a higher authority or court. In the context of discrimination claims, unsuccessful parties can appeal on grounds of legal error or procedural unfairness.

BAME (Black, Asian and Minority Ethnic)

A collective term referring to people in the UK who identify as part of a non-white community. Policies and strategies often use this term when considering potential disproportionate impacts on certain ethnic groups in the workplace.

Burden of proof

In discrimination cases, the initial burden of proof lies with the claimant to demonstrate that discrimination could have occurred. If they provide a reasonable basis, the burden then shifts to the employer (respondent) to prove that no discrimination took place.

Case management orders

These are directions issued by an employment tribunal judge to help organise and manage a case before the final hearing. They can include deadlines for submitting evidence, exchanging documents or clarifying legal issues in a discrimination claim.

Claimant

The claimant is the individual (often an employee or ex-employee) who brings a discrimination complaint to the employment tribunal. They must present evidence suggesting that they have been treated unfavourably due to a protected characteristic.

Comparator

A comparator is a person in a similar situation but without the protected characteristic in question. Claimants often use comparators to show that their treatment differs from how the employer treated (or would treat) someone without that characteristic.

Constructive dismissal

Constructive dismissal occurs when an employee resigns because the employer’s conduct—such as repeated discrimination—makes it impossible for them to continue working. Although the employee leaves voluntarily, the law views this situation similarly to an unfair dismissal.

Direct discrimination

Direct discrimination is when someone is treated less favourably than others because of a protected characteristic. An example is denying a promotion to a qualified person solely because of their race or sex.

Disability discrimination

Disability discrimination arises when a disabled person is subjected to less favourable treatment or a failure to implement reasonable adjustments in the workplace. It encompasses both physical and mental impairments, provided they have a substantial, long-term effect on day-to-day activities.

Early Conciliation

A mandatory step before most employment tribunal claims, Early Conciliation is offered by Acas to help parties resolve their dispute—such as discrimination—without formal legal proceedings. It involves a neutral conciliator who encourages open discussion and settlement.

Employment Appeal Tribunal (EAT)

The EAT is a specialised court that hears appeals from employment tribunals in cases of alleged legal or procedural errors. Its decisions can further shape how discrimination legislation is interpreted and applied.

Employment status

Employment status determines an individual’s rights under UK law. Whether a person is an employee, worker or genuinely self-employed can affect their ability to bring a discrimination claim and the protections to which they are entitled.

Employment tribunal

An employment tribunal is an independent judicial body that resolves workplace disputes, including discrimination claims. It reviews evidence, hears witness testimonies and issues legally binding judgments, which can include compensation and recommendations to employers.

Equality Act 2010

A key piece of UK legislation that consolidates and strengthens existing anti-discrimination laws. It outlines the nine protected characteristics and defines the different forms of unlawful discrimination in the workplace and other areas of public life.

Equality Advisory and Support Service (EASS)

EASS provides free advice and support on discrimination and human rights issues. While it does not represent individuals in court, it can offer guidance on how to navigate workplace discrimination concerns under the Equality Act 2010.

Equality and Human Rights Commission (EHRC)

The EHRC is a statutory body responsible for promoting and enforcing equality laws in Great Britain. It offers guidance, conducts research and can take legal action against organisations that breach discrimination legislation.

Harassment

Harassment involves unwanted conduct related to a protected characteristic that violates an individual’s dignity or creates a hostile environment. Examples can include racial slurs, offensive jokes or persistent negative comments about a person’s disability.

Indirect discrimination

Indirect discrimination occurs when an apparently neutral rule, policy or practice places a group with a protected characteristic at a particular disadvantage compared to others. Employers must justify such actions if they have a legitimate business need, otherwise it is unlawful.

Injury to feelings

This term refers to the emotional distress caused by unlawful discrimination. Employment tribunals can award compensation for injury to feelings in addition to any financial losses. The amount is typically guided by “Vento bands,” which reflect severity.

Justification defence

In certain discrimination cases, employers can argue that a discriminatory policy or practice is objectively justified as a proportionate means of achieving a legitimate aim. This defence applies most often in indirect discrimination claims.

LGBT+

An acronym for Lesbian, Gay, Bisexual, Transgender and other sexual orientations and gender identities. Individuals identifying as LGBT+ are protected from discrimination on grounds of sexual orientation or gender reassignment under the Equality Act 2010.

Mediation

A voluntary and confidential process that brings together disputing parties and a neutral mediator to facilitate open communication. In discrimination disputes, mediation can help resolve issues without the stress or cost of formal litigation.

Occupational requirement

An occupational requirement is a specific and lawful exemption to discrimination laws, meaning it is essential for the job that someone has (or does not have) a particular protected characteristic. For instance, certain faith-based roles may require the post-holder to follow that religion.

Positive action

Positive action involves steps taken by employers to help disadvantaged or underrepresented groups access employment or training opportunities. It is lawful under the Equality Act 2010 when used to overcome historical discrimination and does not unfairly exclude others.

Protected characteristics

Protected characteristics are aspects of a person’s identity safeguarded under the Equality Act 2010. They include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

Public Sector Equality Duty

A legal obligation for public authorities and bodies exercising public functions, requiring them to consider the need to eliminate discrimination and advance equality of opportunity in all their decisions and policies.

Reasonable adjustments

These are modifications an employer must make to accommodate disabled employees or job applicants, removing or reducing disadvantages they would otherwise face. Examples include flexible working hours, adjusted equipment or additional support services.

Respondent

In an employment tribunal, the respondent is typically the employer or organisation against which a discrimination claim is brought. They must defend themselves by providing evidence that they did not act unlawfully or by justifying their actions where possible.

Settlement agreement

A legally binding contract between an employer and an employee outlining the terms by which a dispute is resolved. In a discrimination context, it often includes compensation and other conditions, such as confidentiality clauses.

Sex discrimination

Sex discrimination involves treating individuals less favourably because they are male or female. This can manifest in pay disparities, biased recruitment or promotion processes, or unfair dismissal based on gender.

Sexual orientation discrimination

Unfavourable treatment because of a person’s sexual orientation—whether they identify as heterosexual, homosexual or bisexual. This type of discrimination can occur in hiring decisions, workplace policies or day-to-day interactions among colleagues.

Statutory Code of Practice

A publication that provides practical advice on how to comply with equality legislation. For instance, the Equality and Human Rights Commission issues a Statutory Code of Practice on Employment, which courts and tribunals reference to interpret the Equality Act 2010.

Third-party harassment

This refers to harassment of an employee by someone not directly employed by the organisation, such as a customer, supplier or client. Employers may still be held responsible if they fail to take reasonable steps to prevent or address it.

Time limit

In most employment discrimination cases, a claim must be brought to a tribunal within three months less one day from the date of the last incident. This timeframe can sometimes be extended under exceptional circumstances, but generally the rules are strict.

TUC (Trades Union Congress)

The TUC is an umbrella body for most trade unions in England and Wales. It campaigns for fair workplace practices, offers guidance on employment rights and provides support to unions representing individuals who experience discrimination.

Unconscious bias

Unconscious bias refers to the social stereotypes individuals form without conscious awareness, which can influence decisions in recruitment, promotion or daily interactions. Training and self-reflection can help mitigate these biases.

Victimisation

Victimisation occurs when someone is treated less favourably because they have made or supported a complaint of discrimination. This form of retaliation is itself unlawful under the Equality Act 2010.

Vento bands

Vento bands are guidelines that employment tribunals use to determine compensation levels for injury to feelings in discrimination cases. They consist of three tiers (lower, middle and upper), reflecting the severity or duration of distress experienced by the claimant.


Useful Organisations

Citizens Advice

Citizens Advice offers free, confidential guidance on legal, consumer and financial matters, including issues involving workplace discrimination. Its trained advisers provide practical information and support, helping individuals explore their options and prepare for further action if needed.

EHRC (Equality and Human Rights Commission)

The EHRC enforces equality laws and works to create a fairer society where people can achieve their potential free from discrimination. Its website includes detailed guides for employees and employers, alongside research and policy updates on equality rights.

Acas

Acas provides impartial advice on workplace rights and offers Early Conciliation services to help resolve disputes. Its helpline and online resources guide employees and employers through best practices to prevent and address discrimination effectively.

TUC (Trades Union Congress)

As an umbrella organisation for most trade unions in England and Wales, the TUC promotes fairness and equality at work. It supports individuals facing discrimination by offering guidance on workers’ rights and collaborates with unions to influence policy changes.

Disability Rights UK

Disability Rights UK provides resources and advice aimed at improving opportunities for disabled people, including support for those who encounter discrimination in employment. It campaigns for equality across all areas of life and offers tailored guides on workplace adjustments.


All references

Acas (2019) Recruitment and inductionhttps://www.acas.org.uk/
Acas (2020) Resolving workplace disputeshttps://www.acas.org.uk/
Acas (2021) Code of practice on disciplinary and grievance procedureshttps://www.acas.org.uk/
CIPD (2018) Diversity and inclusion at workhttps://www.cipd.co.uk/
CIPD (2019) Managing conflict in the modern workplacehttps://www.cipd.co.uk/
CIPD (2020) Preventing workplace harassment: a practical guidehttps://www.cipd.co.uk/
CIPD (2022) Discrimination at work factsheethttps://www.cipd.co.uk/
Citizens Advice (2021) Workplace discrimination: how to resolve issueshttps://www.citizensadvice.org.uk/
Citizens Advice (2022) Grievances at workhttps://www.citizensadvice.org.uk/
EHRC (2017) Your rights to equality at workhttps://www.equalityhumanrights.com/
EHRC (2019) Equality and diversity: good practice for employershttps://www.equalityhumanrights.com/
EHRC (2020) Handling complaints of discrimination: a practical guidehttps://www.equalityhumanrights.com/
EHRC (2022) Benefits of an inclusive workplacehttps://www.equalityhumanrights.com/
EHRC (2023) Understanding the Equality Act 2010https://www.equalityhumanrights.com/
Government Equalities Office (2010) Equality Act 2010: guidancehttps://www.gov.uk/
Government Guidance (2018) Employment tribunal procedureshttps://www.gov.uk/
Law Society (2021) Seeking legal advice: employment lawhttps://www.lawsociety.org.uk/
TUC (2019) Trade unions and equality at workhttps://www.tuc.org.uk/


Disclaimer

The information provided in this guide is for general informational purposes only and does not constitute professional dental advice. While the content is prepared and backed by a qualified dentist (the “Author”), neither Clearwise nor the Author shall be held liable for any errors, omissions, or outcomes arising from the use of this information. Every individual’s dental situation is unique, and readers should consult with a qualified dentist for personalised advice and treatment plans.

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