Workplace discrimination happens when an employee or job applicant is treated unfairly because of who they are (protected characteristics), rather than their skills, experience, or performance.
In the UK, the Equality Act 2010 is the key legislation that protects people from discrimination, harassment and victimisation, both in the workplace and beyond. This means employers have a legal duty to ensure fair treatment for everyone.
Understanding your employee rights and knowing what steps to take if those rights are breached can feel overwhelming.
In this guide, we explain your legal rights in the workplace, the types of discrimination you may face and the steps you can take to protect yourself.
What are Protected Characteristics?
Under the Equality Act 2010, the following characteristics are legally protected in the workplace:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
Types of Unlawful Discrimination
You have the right to be protected from all the types of discrimination outlined below, and it’s important to know what action you can take if your rights are violated.
Direct Discrimination
Direct discrimination occurs when someone is treated less favourably because of a protected characteristic.
For example, refusing to promote a woman because she is pregnant would be considered direct discrimination and you have the right to raise a grievance or start Early Conciliation.
Indirect discrimination
Indirect discrimination occurs when a policy or practice applies to everyone but disproportionately disadvantages people with a protected characteristic.
For example, a rule requiring all employees to work on Saturdays could disadvantage a Jewish employee who observes Shabbat. In this case, you can request reasonable adjustments or challenge the policy through your grievance procedure.
Harassment
Harassment is any unwanted behaviour related to a protected characteristic that undermines a person’s dignity or creates a hostile or intimidating work environment.
If you experience harassment, you have the right to report it to your employer and seek legal remedies.
Victimisation
Victimisation occurs when someone is treated unfairly because they made a discrimination complaint or supported someone else’s complaint. This is unlawful, and you have the right to protection from retaliation.
But What are Your Employee Rights?
We’ve covered what discrimination can look like, but you might still be wondering, ‘What exactly are my employee rights and what can I do if they are breached?’ Here’s a summary of your rights as an employee:
Fair treatment
You have the right to fair treatment in all aspects of employment, including recruitment, promotions, pay, training, redundancy and dismissal.
Reasonable adjustments
If you have a disability, you are entitled to reasonable adjustments, like flexible hours or specially adapted equipment.
Protection from harassment
The law protects you from harassment at work, whether it comes from colleagues, managers, or others.
The right to raise complaints
It’s your right to raise concerns or complaints at work safely, without facing negative consequences.
Right to Equal Pay
You have the right to equal pay for equal work or work of equal value, regardless of your sex.
Other Rights Outside the Equality Act 2010
Fair treatment in the workplace
You should be treated fairly in recruitment, promotions, training, redundancy and dismissal. These rights are generally covered by employment law and implied terms in your contract.
Right to Raise Complaints Safely
You are protected from retaliation when raising concerns about discrimination or unfair treatment. This overlaps with the Equality Act (victimisation) but is also supported by general employment protections.
Safe and Healthy Work Environment
Employers must provide a safe workplace, including protection from harassment and other risks. This is covered under the Health and Safety at Work Act 1974.
Time off for Personal or Family Needs
Employees may have rights to time off for maternity/paternity leave, medical appointments, or religious observance. Some of this is protected under the Equality Act (religion), but most is covered by employment law, including the Employment Rights Act 1996 and Maternity & Paternity Regulations.
Right to Request Flexible Working
After 26 weeks of employment, you can request flexible working arrangements, such as adjusted hours or remote work. Employers must consider these requests fairly, under the Employment Rights Act 1996.
Access to Records and Pay Information
You have the right to request information about your employment and pay to ensure fairness and transparency. This includes protections under employment law and gender pay gap regulations.
What is the Process of Making a Workplace Discrimination Claim?
First, employees should raise the issue through their employer’s grievance procedure, as many disputes can be resolved internally.
If the matter remains unresolved, a claim can be taken to an employment tribunal, usually within three months of the discriminatory act.
Before going to a tribunal, employees are required to complete Early Conciliation through ACAS, a free service that helps both sides try to resolve workplace disputes without the need for a tribunal.
If no agreement is reached, you will receive an Early Conciliation certificate, which is needed to file a tribunal claim.
Possible remedies include compensation (uncapped in discrimination cases), recommendations to the employer, or reinstatement. You can also request adjustments or corrective action depending on the nature of the discrimination.
You don’t have to face this alone. Book a free consultation today with our experienced employment law solicitors.
Where do you Start With a Claim?
If you need personalised assistance with workplace discrimination, our employment law solicitors are here to help. We will listen carefully, understand your situation and explain all of your available options.
