What is discrimination?
In UK employment law, discrimination occurs when someone is treated unfairly at work because of a protected characteristic defined in the Equality Act 2010.
These protected characteristics are…
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
Discrimination doesn’t always happen in obvious ways. It can be subtle, systemic, or arise from well-meaning but poorly designed policies. It also isn’t limited to existing employees, such that applicants, workers, contractors, and even former employees can make claims.
The main types of discrimination are…
- Direct discrimination
- Treating someone less favourably because of a protected characteristic (e.g. refusing to promote a woman because she is pregnant).
- Indirect discrimination
- Applying a rule or practice that appears neutral but puts people with a protected characteristic at a disadvantage, such as setting a full-time working requirement that disadvantages women with childcare responsibilities, unless it can be justified.
- Harassment
- Unwanted behaviour linked to a protected characteristic that creates an intimidating, hostile, or offensive environment, such as making jokes about someone’s race or sexual orientation.
- Victimisation
- Treating someone unfairly because they’ve raised or supported a discrimination complaint, such as denying opportunities to an employee after they’ve been a witness in a colleague’s grievance.
Unlike unfair dismissal claims, there is no minimum service requirement for discrimination claims. An employee or applicant can raise a claim from day one of employment, or even during the recruitment process.
What does discrimination look like in practice?
Employers are often surprised at how easily workplace situations can give rise to discrimination risks.
Some common scenarios include…
- Recruitment
- Asking inappropriate interview questions, such as whether a candidate plans to have children, or rejecting an older applicant despite their experience.
- Promotion and career development
- Overlooking an employee for promotion because of their age, gender, or pregnancy status.
- Policies and working arrangements
- Requiring all staff to work late evenings, which may indirectly disadvantage parents with childcare responsibilities, unless it can be objectively justified.
- Disability discrimination
- Failing to make reasonable adjustments for a disabled employee, such as providing assistive technology or flexible working arrangements.
- Redundancy selection
- Choosing employees for redundancy based on criteria that disadvantage certain groups, for example targeting part-time workers, who are more likely to be women.
- Harassment
- Tolerating jokes, nicknames, or “banter” about someone’s race, sexual orientation, or religion, even if the behaviour is framed as humour.
- Victimisation
- Treating an employee less favourably after they’ve submitted a grievance about discrimination or supported a colleague’s claim.
These examples highlight that discrimination isn’t always deliberate, but employers can still be held legally responsible.
Why does discrimination matter to your business?
Discrimination isn’t just a legal issue – it affects the culture, performance, and reputation of your organisation. Mishandling a discrimination complaint can have wide-reaching consequences:
- Legal risk – Compensation for discrimination claims at Employment Tribunal is uncapped and can include financial losses, injury to feelings awards, and aggravated damages. Cases can cost businesses thousands – or even hundreds of thousands – of pounds.
- Public exposure – Tribunal decisions are public, and discrimination claims often attract media attention, which can damage your brand and make it harder to attract talent.
- Workplace impact – Allegations of discrimination can damage trust, morale, and productivity. Employees who feel unfairly treated are less engaged, more likely to take time off sick, or may leave altogether.
- Leadership accountability – Employers have a legal duty to take “reasonable steps” to prevent discrimination and harassment. If managers and policies fall short, your business could be liable.
- Reputational and financial cost of inaction – Even if a claim doesn’t succeed, the time, stress, and resources spent on defending it can be highly disruptive to your business.
Handled properly, addressing discrimination issues demonstrates that your organisation values fairness, inclusion, and respect. This not only protects your business legally but also builds a stronger employer brand and a more motivated workforce.
How can we can help you with discrimination claims?
We provide practical, expert support to help you prevent, manage, and respond to discrimination issues in line with UK employment law.
Our services include:
- Early advice and intervention – guiding you through how to handle complaints or potential discrimination issues before they escalate into formal grievances or tribunal claims.
- Independent investigations – carrying out impartial fact-finding where allegations of discrimination, harassment, or victimisation are raised, ensuring fairness and transparency.
- Defending tribunal claims – advising you on how to respond to Employment Tribunal claims, preparing evidence, and helping you minimise liability and risk.
- Settlement support – advising on pragmatic, cost-effective resolutions through settlement agreements where appropriate.
- Policy and process review – ensuring your HR policies on equality, diversity, and inclusion are robust, up to date, and legally compliant.
- Training and awareness – delivering tailored training for managers and employees to prevent discrimination, manage workplace behaviour, and reduce future risks.
- Strategic HR support – helping you build an inclusive culture that supports employee engagement and reduces the likelihood of complaints.
Our goal is to protect your business from costly legal claims while helping you create a workplace culture where employees feel respected, supported, and valued.
Which other HR topics are related to discrimination?
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