Workplace Discrimination

The Equality Act 2010 recognises several forms of prohibited conduct:

• Direct discrimination: Treating someone less favourably because of a protected characteristic — for example, not promoting a woman because she has young children, or declining to hire someone because of their age.
• Indirect discrimination: Applying a provision, criterion, or practice (PCP) that applies equally to everyone but puts people with a protected characteristic at a particular disadvantage, and which cannot be objectively justified — for example, a requirement to work full-time that disadvantages women more than men (given childcare responsibilities), unless the employer can justify it as a proportionate means of achieving a legitimate aim.
• Harassment: Unwanted conduct related to a protected characteristic that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.
• Victimisation: Treating someone unfairly because they have made, or supported, a complaint of discrimination under the Equality Act.

The Equality Act 2010 protects against discrimination on the following grounds:

• Age: Protection against discrimination based on age — for both younger and older workers.
• Disability: Wide definition — a physical or mental impairment with a substantial and long-term adverse effect on ability to carry out normal day-to-day activities. Includes a duty to make reasonable adjustments.
• Gender reassignment: Protects transgender people.
• Marriage and civil partnership: Protects married people and civil partners.
• Pregnancy and maternity: Protects pregnant employees and those on maternity leave.
• Race: Includes colour, nationality, and ethnic or national origins.
• Religion or belief: Includes any religion, religious or philosophical belief, or lack of belief.
• Sex: Protects men and women equally.
• Sexual orientation: Protects gay, lesbian, bisexual, and heterosexual people.

If you believe you have been discriminated against at work, take the following steps:

1. Document everything: Record every incident of discriminatory treatment with dates, what happened, witnesses, and any documentary evidence (emails, messages).
2. Raise a formal grievance: Use your employer's grievance procedure to raise the discrimination complaint in writing. This is usually a prerequisite before bringing a Tribunal claim, and failure to raise a grievance can reduce compensation by up to 25%.
3. Send a statutory questionnaire: You can send your employer a written request for information to help you understand the reasons for their treatment of you.
4. Notify Acas for Early Conciliation: Before bringing an Employment Tribunal claim, you must go through Acas Early Conciliation.
5. Bring a Tribunal claim: The time limit is strictly three months less one day from the act of discrimination (or the last act in a continuing series).

Compensation for discrimination is uncapped and includes injury to feelings awards, which can range from hundreds to tens of thousands of pounds depending on the severity.