Discrimination at work

Discrimination at work is unlawful from the job advert to the reference you get after you leave. You are protected from your first day, whether you are an employee, a worker or a job applicant, and there is no cap on what a tribunal can award. We advise employees on whether they have a claim and how to bring it, and employers on preventing and defending claims. We advise employees across England and Wales by phone and video, and in person at our Manchester office.

The protected characteristics

The Equality Act 2010 protects nine characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race (including colour, nationality and ethnic or national origin), religion or belief, sex, and sexual orientation.

The types of discrimination

• Direct discrimination: being treated less favourably because of a protected characteristic, for example being passed over for promotion because of your age.
• Indirect discrimination: a rule or practice that applies to everyone but puts people with your characteristic at a particular disadvantage, and cannot be justified.
• Harassment: unwanted conduct related to a characteristic that violates your dignity or creates a hostile environment. See bullying and harassment at work.
• Victimisation: being treated badly because you complained about discrimination, supported someone else's complaint or gave evidence.
• Disability: discrimination arising from disability, and a failure to make reasonable adjustments.
• Pregnancy and maternity: unfavourable treatment because of pregnancy or maternity leave. See pregnancy and maternity discrimination.

Common situations

• Recruitment and promotion decisions, pay and bonus.
• Selection for redundancy, performance management and disciplinary action.
• Dismissal, including dismissal soon after disclosing a health condition, pregnancy or religious belief.
• Refused requests for adjustments or flexible working.
• Comments, jokes and exclusion by colleagues or managers.

Compensation

There is no cap. A tribunal can award:

• Financial loss: lost earnings, pension and benefits, past and future.
• Injury to feelings. For claims presented on or after 6 April 2026 the bands are £1,300 to £12,600 for less serious cases, £12,600 to £37,700 for serious cases, and £37,700 to £62,900 for the most serious, with more in exceptional cases.
• Personal injury, such as depression or anxiety caused by the discrimination.
• An increase of up to 25% if your employer unreasonably failed to follow the Acas Code on grievances.

Time limits

For anything that happened on or after 1 October 2026 you have six months less one day to start a tribunal claim, and you must contact Acas for early conciliation first. For earlier events the limit was three months, so check the date with us straight away. Where discrimination continues over a period, time may run from the last act. A tribunal can extend the limit where it is just and equitable, but do not rely on that.

What to do now

1. Keep a written record with dates, names and witnesses.
2. Keep copies of emails, messages, appraisals and pay information.
3. Raise a written grievance unless it is unsafe or pointless.
4. Consider a data subject access request for documents and messages about you. It can bring out evidence you would not otherwise see.
5. Take advice early, because of the time limit.

How we help

We tell you whether the treatment amounts to discrimination and which type, draft your grievance, deal with Acas and your employer, negotiate a settlement where that is the best outcome, and bring the claim to a hearing with tribunal representation if needed.

What it costs

The first consultation is £80 for half an hour or £200 for an hour, by phone, video or at our office. We then give you a written estimate before each stage. Typical costs for employment claims are on our fees page.

Questions people ask

Ask a question

Not sure where you stand? Ask a solicitor and we will reply by phone or email, or send an enquiry for a free initial assessment. Call 0161 222 5860, Monday to Friday, 9.30am to 5.30pm.