You Are Being Discriminated Against at Work
The Equality Act 2010 prohibits discrimination, harassment, and victimisation in the workplace on the grounds of nine protected characteristics. This page explains the different types of unlawful conduct, the process for bringing a claim, and the strict three-month time limit.
Quick Answer
Discrimination at work is unlawful under the Equality Act 2010 if it is because of a protected characteristic (race, sex, disability, age, religion or belief, sexual orientation, gender reassignment, pregnancy and maternity, or marriage and civil partnership). There is no minimum service requirement. The Employment Tribunal time limit is 3 months less 1 day from the act complained of, and ACAS Early Conciliation is mandatory before issuing a claim.
Full Explanation
The Equality Act 2010 consolidates and extends previous discrimination legislation. It prohibits four main types of conduct in the employment context (ss.13–27): direct discrimination (treating someone worse because of a protected characteristic); indirect discrimination (applying a provision, criterion, or practice that puts those with a protected characteristic at a particular disadvantage without justification); harassment (unwanted conduct related to a protected characteristic that has the purpose or effect of violating dignity or creating a hostile environment); and victimisation (treating someone detrimentally because they have made or supported a discrimination complaint).
The nine protected characteristics are: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation. Disability discrimination includes a duty to make reasonable adjustments (s.20) and a distinct form of discrimination arising from disability (s.15).
The Employment Tribunal has exclusive jurisdiction over most workplace discrimination claims. There is no minimum service requirement — a claim can be brought from day one of employment or even during recruitment. The time limit is 3 months less 1 day from the act complained of (or the last act in a series of acts). The Employment Tribunal has a discretion to extend this on a just and equitable basis (s.123(1)(b)) — broader than the unfair dismissal test but extensions are not guaranteed.
Before issuing a claim, ACAS Early Conciliation is mandatory. The claimant notifies ACAS, which contacts the employer and attempts to facilitate a settlement. The Early Conciliation period pauses the time limit. If conciliation fails, ACAS issues an EC certificate that must accompany the ET1 claim form.
Remedies available include: a declaration; a recommendation; compensation (uncapped — including injury to feelings under the Vento guidelines, ranging from a few thousand pounds to over £50,000 in the most serious cases); and uncapped financial loss.
Legal Basis
- §Equality Act 2010 ss.13–27 — direct discrimination, indirect discrimination, harassment, and victimisation
- §Equality Act 2010 ss.39–60 — prohibited conduct in employment; scope of employer liability
- §Equality Act 2010 s.123 — 3-month time limit for Employment Tribunal claims; just and equitable extension
- §Vento v Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871 — bands for injury to feelings awards
What To Do
Keep a Detailed Written Record
From the moment you experience discrimination, keep a contemporaneous log recording each incident: date, time, location, what was said or done, who was present, and how it affected you. Save emails and messages. Keep records on a personal device, not a work system.
Raise a Formal Grievance
Submit a formal written grievance to your HR department or line manager's superior, citing the Equality Act 2010 and describing each incident. The employer must follow the ACAS Code of Practice on Disciplinary and Grievance Procedures. Keep a copy of the grievance and all responses. Failure by the employer to follow a fair procedure can lead to an uplift in any tribunal award of up to 25%.
Contact ACAS for Early Conciliation
Before issuing an Employment Tribunal claim, you must notify ACAS of your intention to bring a claim (Early Conciliation). Do this before the 3-month time limit expires — the EC period pauses the clock. ACAS will attempt to facilitate a settlement. If no settlement is reached, ACAS issues an EC certificate allowing you to proceed to tribunal.
Submit ET1 Claim Form to the Employment Tribunal
Using your ACAS EC certificate, submit the ET1 claim form to the Employment Tribunal via the online portal. Include details of the discrimination, the protected characteristic, each act complained of with dates, and the remedy sought. Prepare a schedule of loss setting out financial losses and injury to feelings.
Important Deadlines
Important Warnings
The 3-month less 1 day time limit is strict. Many strong claims fail because they are issued one day late. Start ACAS Early Conciliation promptly — do not wait to see how the grievance resolves.
There is no cap on compensation for discrimination claims — injury to feelings awards alone can exceed £50,000 in the most serious cases, with uncapped financial loss on top.
Victimisation — being treated detrimentally because you raised a discrimination complaint — is itself unlawful. Document any change in treatment after you raise a grievance.