Workplace Discrimination: Equality Act 2010

Protection from discrimination at work is a day-one right under the Equality Act 2010, covering nine protected characteristics from the moment employment begins. Discrimination can be direct, indirect, harassment or victimisation, and compensation for a successful claim is uncapped, unlike most other employment tribunal awards.

What Counts as Discrimination at Work

The Equality Act 2010 protects workers from discrimination from their very first day in a job, with no qualifying period of service required, unlike unfair dismissal, which currently needs two years' service. Part 5 of the Act covers work specifically, applying to recruitment, terms and conditions, promotion, training, benefits, dismissal, and treatment after employment ends, such as references. The protection applies to employees, workers, contractors, and job applicants, not only permanent staff. It sits alongside other day-one protections, including whistleblowing disclosures. Discrimination law does not require an employer to have intended harm; treating someone worse because of a protected characteristic, or applying a rule that disadvantages people who share one, can be unlawful regardless of motive.

The 9 Protected Characteristics

The Equality Act 2010 protects nine characteristics. An employee only needs to show they have, or are perceived to have, one of these characteristics for the protection to apply.

Types of Discrimination: Direct, Indirect, Harassment and Victimisation

The Act sets out four main ways discrimination can happen, defined in Part 2, Chapter 2 of the Act.

Indirect discrimination is often the least obvious to spot, because the rule or policy applies to everyone on its face; a requirement that all staff work a shift pattern incompatible with school hours, for example, can indirectly disadvantage women more than men. Victimisation is a separate wrong from the original discrimination complaint; an employee is protected from retaliation for raising a complaint even if that complaint is not ultimately upheld, provided it was made in good faith.

Disability: Reasonable Adjustments and Discrimination Arising from Disability

Disability carries protections beyond the four types above. Under section 20, employers have a duty to make reasonable adjustments where a disabled worker is placed at a substantial disadvantage compared with a non-disabled worker, for example by changing a working practice, providing extra equipment, or adjusting premises. What counts as reasonable depends on factors including cost, practicality, and the size of the employer. Separately, section 15 protects against discrimination arising from disability: treating someone unfavourably because of something connected to their disability, such as sickness absence caused by a condition, rather than because of the disability itself. This does not require a comparison with a non-disabled colleague, and an employer can only defend it by showing the treatment was a proportionate means of achieving a legitimate aim, or that it did not know and could not reasonably have known about the disability.

Bringing a Claim: The Employment Tribunal and Time Limits

A discrimination claim is brought in the employment tribunal, the same forum used for unfair dismissal and other employment claims. Before filing, an employee must first contact ACAS, which offers Early Conciliation; this step is mandatory for most claims and pauses the clock while conciliation is attempted. The standard time limit is three months less one day from the date of the discriminatory act, or, for an ongoing act or policy, from the end of that conduct, where that date is before 1 October 2026. For an act on or after 1 October 2026 it is six months, under section 152 and Schedule 12 of the Employment Rights Act 2025, which amend section 123 of the Equality Act 2010. A tribunal can also allow a claim brought later if it considers that just and equitable. The six-month change applies in Great Britain only. Missing the deadline usually means the tribunal cannot hear the claim, so anyone considering a claim should contact ACAS well before the applicable window closes. There is no fee to bring a claim, following the Supreme Court's ruling in R (UNISON) v Lord Chancellor [2017] UKSC 51.

Compensation: Uncapped Awards and Injury to Feelings

Unlike most employment tribunal awards, compensation for discrimination has no statutory cap. (The government's timetable also schedules removal of the cap on the unfair dismissal compensatory award from January 2027.) A successful claimant can recover financial losses, such as lost earnings, in full, however large. Tribunals can also award compensation for injury to feelings, reflecting the distress caused by the discrimination itself, using a banded framework known as the Vento bands, after the Court of Appeal's guidance in Vento v Chief Constable of West Yorkshire Police. The bands run from a lower tier for less serious, one-off cases, through a middle tier, to an upper tier for the most serious, sustained campaigns of discrimination; the exact figures in each band are reviewed periodically, so employees should check current tribunal guidance rather than rely on an old figure. Interest, and in some cases aggravated damages, can also be awarded.

Northern Ireland: A Separate Framework

Northern Ireland does not use the Equality Act 2010; discrimination law there rests on its own, separate statutes with broadly similar substance, including protection against discrimination on grounds such as religious belief and political opinion, which GB law does not cover in the same way. Claims are heard by the Industrial Tribunal, or, for religious or political discrimination, the Fair Employment Tribunal, rather than the Employment Tribunal, and the enforcement and advice body is the Equality Commission for Northern Ireland rather than the Equality and Human Rights Commission. The six-month time limit from 1 October 2026 applies in Great Britain only; Northern Ireland discrimination claims generally remain subject to a three-month limit, for example under the Sex Discrimination (Northern Ireland) Order 1976. Anyone employed in Northern Ireland should check current rules directly with the Equality Commission for NI rather than assume a GB rule or figure applies.

For the full picture of UK employment rights, see our UK employment law hub, part of our wider guide to United Kingdom law. Discrimination can also be a factor in unfair dismissal and whistleblowing claims, and if a claim proceeds, our guide to the employment tribunal explains the process in full.

This article is general information about discrimination law in Great Britain, not legal advice. Employment law changes, and individual circumstances vary; consult ACAS, Citizens Advice, or a qualified solicitor before acting on your specific situation.

Frequently Asked Questions

Do I need to work somewhere for a certain amount of time before I'm protected from discrimination?

No. Protection from discrimination at work is a day-one right under the Equality Act 2010; there is no qualifying period of service, unlike unfair dismissal.

What are the 9 protected characteristics?

Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

What's the difference between direct and indirect discrimination?

Direct discrimination is treating someone worse because of a protected characteristic. Indirect discrimination is applying a policy or rule to everyone that puts people who share a protected characteristic at a particular disadvantage, and that cannot be objectively justified.

What counts as harassment under the Equality Act?

Unwanted conduct related to a protected characteristic that violates someone's dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment, whether or not that was the intention.

What is victimisation under the Equality Act?

Being treated badly because someone made or supported a complaint or claim of discrimination under the Equality Act, such as being passed over for promotion after raising a grievance.

Does my employer have to make adjustments for a disability?

Yes. Employers have a duty to make reasonable adjustments where a disabled worker is placed at a substantial disadvantage, and separate protection applies against discrimination arising from disability.

How much compensation can I get for discrimination?

There is no cap. A tribunal can award financial losses in full plus compensation for injury to feelings under the Vento bands, and in some cases aggravated damages.

Does the Equality Act 2010 apply in Northern Ireland?

No. The Equality Act 2010 does not extend to Northern Ireland, which has its own separate anti-discrimination legislation, its own Industrial and Fair Employment Tribunals, and the Equality Commission for Northern Ireland rather than the EHRC.