Discrimination
Being treated worse than colleagues because of who you are is not something you have to put up with. The Equality Act 2010 gives employees strong protection against discrimination at work, and unlike many other employment claims, it applies from day one of your employment.
What the law says
The Equality Act 2010 protects nine characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Unfavourable treatment connected to one of these characteristics can amount to unlawful discrimination.
The Act recognises several forms of discrimination. Direct discrimination is treating someone less favourably because of a protected characteristic. Indirect discrimination is applying a provision, criterion or practice that disadvantages people sharing a characteristic, even if it applies equally to everyone on its face, unless the employer can objectively justify it. Harassment is unwanted conduct related to a protected characteristic that violates someone's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Victimisation is being treated badly because you have made or supported a complaint about discrimination.
Where disability is the relevant characteristic, employers also have a duty to make reasonable adjustments to remove disadvantages faced by disabled employees, for example changes to duties, equipment, or working arrangements. A failure to make reasonable adjustments is itself a form of unlawful discrimination.
There is generally no minimum length of service required to bring a discrimination claim. The usual tribunal time limit is three months less one day from the discriminatory act, with ACAS early conciliation required first.
How RGF helps
We start by identifying which protected characteristic is engaged and which form the treatment takes, since direct discrimination, indirect discrimination, harassment, victimisation, and a failure to make reasonable adjustments are each assessed differently. We gather the evidence that supports your account, including patterns of treatment that may not be obvious from a single incident.
We advise honestly on the strength of your case, including where a policy might be objectively justified despite its disadvantageous effect, and we represent you through internal grievance procedures, ACAS conciliation, and, where necessary, an employment tribunal claim.
What to do next
Speak to one of our solicitors to find out where you stand. We will explain your options in plain English before you decide what to do next.
Frequently asked questions
What are the protected characteristics under the Equality Act 2010?
There are nine: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Discrimination law only protects against unfavourable treatment connected to one of these characteristics.
Do I need a minimum length of service to claim discrimination?
No. Unlike ordinary unfair dismissal, discrimination claims under the Equality Act 2010 have no qualifying period of employment. This applies from your first day of employment, and in some circumstances even before employment begins, for example at recruitment stage.
What is the difference between direct and indirect discrimination?
Direct discrimination is treating someone less favourably because of a protected characteristic. Indirect discrimination is applying a policy or practice that applies to everyone but puts people who share a protected characteristic at a particular disadvantage, and cannot be objectively justified. Harassment and victimisation are separate, additional forms of unlawful treatment under the same Act.
How long do I have to bring a discrimination claim?
The usual time limit is three months less one day from the act complained of, and you must normally contact ACAS for early conciliation before submitting a tribunal claim. Where discrimination has happened over a period of time, the time limit can run from the last incident, provided the incidents form part of a genuine continuing act or ongoing situation rather than a series of unconnected one-off events, but this depends on the facts, so it is worth getting advice promptly.