Discrimination law is frequently misunderstood in both directions. Employees assume unfair treatment is automatically unlawful, when discrimination law requires a connection to a specific protected characteristic. Employers assume good intentions are a defence, when much discrimination law does not require any intention at all.
An important jurisdictional point first: the Equality Act 2010 applies in England, Wales and Scotland. Northern Ireland has a separate framework under its own legislation, with different bodies and in some respects different protections.
The Protected Characteristics
Under the Equality Act 2010, discrimination is unlawful where it relates to:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race, including colour, nationality and ethnic or national origins
- Religion or belief, including lack of belief
- Sex
- Sexual orientation
Treatment that is unfair but unconnected to any of these is generally not discrimination, though it may give rise to other claims such as unfair dismissal, breach of contract or a grievance.
The Forms Discrimination Takes
| Type | In essence | Note |
|---|---|---|
| Direct discrimination | Treating someone worse because of a protected characteristic | Generally cannot be justified, with limited exceptions including age |
| Indirect discrimination | A provision, criterion or practice that applies to everyone but disadvantages a group | Can be defended if a proportionate means of achieving a legitimate aim |
| Harassment | Unwanted conduct related to a characteristic that violates dignity or creates a hostile environment | Intention is not required; effect on the recipient matters |
| Victimisation | Treating someone badly because they complained or supported a complaint | Protects the act of raising discrimination concerns |
| Failure to make reasonable adjustments | Not taking reasonable steps to remove disadvantage for a disabled person | A positive duty on the employer, not merely a prohibition |
| Discrimination arising from disability | Unfavourable treatment because of something connected to a disability | Can be justified if proportionate |
Indirect discrimination is the form most often missed. A requirement that appears neutral — full-time hours, a particular shift pattern, a dress rule, a physical test — can be unlawful if it disadvantages a protected group and cannot be justified.
Disability and Reasonable Adjustments
The definition of disability is broader than most people assume. It generally covers a physical or mental impairment with a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities. That includes many mental health conditions, long-term fluctuating conditions, and conditions that are well managed with treatment.
Where an employer knows, or could reasonably be expected to know, of a disability, it has a positive duty to make reasonable adjustments. Examples include changes to hours or duties, equipment, adjusted absence triggers, phased return, remote working, or a different assessment method in recruitment.
What is reasonable depends on the circumstances, including cost and the employer’s resources. The duty is on the employer to consider adjustments, and doing nothing while waiting for the employee to propose something is a common failure.
Employer Duties Beyond Non-Discrimination
- Preventing harassment. Employers in Great Britain have a positive duty to take reasonable steps to prevent sexual harassment of employees, introduced by the Worker Protection Act 2023. This requires proactive measures rather than reacting to complaints.
- Third-party conduct. Harassment by customers, clients or contractors is a legitimate workplace concern and employers should have means of addressing it.
- Recruitment. Discrimination law applies to job applicants, including advertisements, shortlisting criteria and interview questions. Questions about health before a job offer are restricted.
- Training and policies that are current, communicated and actually applied, rather than filed.
- Grievance handling that is prompt, impartial and documented.
- Vicarious liability. An employer can be liable for discrimination by its employees in the course of employment, which is why prevention matters commercially as well as legally.
Raising a Concern and Bringing a Claim
- Keep a contemporaneous record — dates, what was said, who was present. Written at the time, this is the strongest evidence available.
- Raise it internally where safe to do so, in writing, using the grievance procedure.
- Understand the time limit. Employment tribunal claims must generally be brought within three months less one day of the act complained of, which is very short.
- ACAS early conciliation is generally required before issuing a tribunal claim in Great Britain, and it affects the time limit calculation. Northern Ireland uses the Labour Relations Agency.
- Take advice early. A solicitor, trade union, Citizens Advice or the relevant equality body.
- No qualifying service is required for discrimination claims, unlike ordinary unfair dismissal, and there is no statutory cap on compensation for discrimination.
Compensation can include financial loss, injury to feelings, and in some cases aggravated damages. Tribunals can also make recommendations to the employer.
Tribunals, Equality Bodies and Regional Provision
Employment tribunals operate across Great Britain, with the Equality and Human Rights Commission as the statutory body. Northern Ireland has its own Industrial Tribunal, Fair Employment Tribunal and Equality Commission.
In the North West, employment and tribunal coverage appears in the Manchester Chronicle and Liverpool Tribune. Yorkshire is covered by Leeds Angle, Sheffield Voice and Bradford Daily.
Scotland, where the Equality Act applies but tribunals and advice services operate separately, is covered by Glasgow Bulletin and Edinburgh Scope. Northern Ireland’s distinct equality framework is reported by the Belfast Record, where additional protections including political opinion apply.
Midlands employment matters appear in Birmingham Focus, Coventry Insight, Leicester Echo, Derby Digest and Nottingham Times. The Newcastle Brief and Hull Report cover the North East and Humber.
Southern coverage appears in Brighton Update, Southampton Ledger, Plymouth Wire and Bristol Outlook, with London covered by London Signals and Capital Outlook. Employment support policy is followed via DWP UK Latest News, with employer and industry reporting in Trade Mirror.
Frequently Asked Questions
Is all unfair treatment discrimination?
No. It must relate to a protected characteristic. Unfair treatment unconnected to one may still support a grievance or another type of claim, but not a discrimination claim.
Does the employer need to have intended it?
Not for most forms. Harassment in particular is assessed by reference to the effect on the recipient, and indirect discrimination requires no intention at all.
How long do I have to claim?
Generally three months less one day, with early conciliation required first in Great Britain. This is one of the shortest limits in law — take advice immediately.
Do I need two years’ service?
No. Discrimination claims require no qualifying period, unlike ordinary unfair dismissal, and compensation is not subject to a statutory cap.
Further Reading
Employment, equality and legal reporting appears across News Notes, Local News Point, Weekly Journal and Trends Archive. Firms and employer bodies seeking coverage use agencies listed via Local PR Services, PR Directory and Press Hubs.
The Bottom Line
Discrimination requires a link to a protected characteristic, but it does not require intent — and an apparently neutral rule can be unlawful if it disadvantages a protected group without justification.
Employers now carry a positive duty to prevent sexual harassment, not merely to respond to it. Employees should record everything contemporaneously and act fast: three months less one day is the limit, no qualifying service is needed, and compensation for discrimination is uncapped.
This article is general information about the law in the United Kingdom and is NOT legal advice. It cannot take account of your circumstances, and acting on general information rather than advice about your own situation can be costly. The law differs between England and Wales, Scotland and Northern Ireland, and several areas covered here are subject to active reform, so provisions, thresholds, fees and time limits change. Figures and time limits cited were believed correct in general terms at the time of writing but must be verified against current official sources. For advice on your own position, consult a solicitor, an accredited adviser, Citizens Advice, or the relevant regulator or ombudsman. Time limits in legal matters are strict and missing one can end a claim permanently, so seek advice early.
