Discrimination at work, explained

Discrimination at work is unlawful when you are treated worse because of one of nine “protected characteristics” in the Equality Act 2010: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The Act covers six main types of unlawful conduct: direct discrimination, indirect discrimination, discrimination arising from disability, failure to make reasonable adjustments, harassment and victimisation.

You are protected from your first day, and Acas says the protection extends to job applicants, former workers, and contractors and self-employed people hired to do the work personally. If something has gone wrong, the usual route is to raise it with your employer, then notify Acas for early conciliation before any tribunal claim. For discrimination on or after 1 October 2026, the tribunal time limit is 6 months minus 1 day.

This page covers Great Britain (England, Wales and Scotland). Northern Ireland has its own equality and employment law.

The nine protected characteristics

Section 4 of the Equality Act lists them. A few points that often matter in practice:

• Disability means a physical or mental impairment with a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. “Long-term” means it has lasted, or is likely to last, at least 12 months or for the rest of your life. Treatment such as medication is ignored when deciding whether the effect is substantial. Cancer, HIV infection and multiple sclerosis are each a disability.
• Pregnancy and maternity has its own rules, covered in our guide to pregnancy and maternity discrimination.
• Marriage and civil partnership protects people who are married or in a civil partnership. It does not cover being single.

The types of discrimination

Direct discrimination

This is being treated less favourably than others are, or would be, because of a protected characteristic. Acas explains it also covers discrimination by association (because of your connection to someone with a characteristic, such as a family member) and by perception (because someone wrongly assumes you have one). Association does not apply to marriage and civil partnership or to pregnancy and maternity.

Direct discrimination generally cannot be justified. The exception is age: an employer can defend age discrimination if it shows the treatment was a proportionate means of achieving a legitimate aim.

Indirect discrimination

This happens when an employer applies the same rule, policy or practice to everyone, but it puts people who share a characteristic at a particular disadvantage, and it puts you at that disadvantage. The employer has a defence if it can show the rule is a proportionate means of achieving a legitimate aim. Indirect discrimination does not apply to pregnancy and maternity.

As an illustration only: a rule that everyone must work late shifts at short notice applies to all, but may disadvantage more women than men because of childcare. The question then becomes whether the employer can justify it.

Discrimination arising from disability

You are treated unfavourably because of something that results from your disability, such as sickness absence or needing more breaks. The employer has a defence if the treatment is a proportionate means of achieving a legitimate aim, or if it did not know, and could not reasonably have been expected to know, that you were disabled.

Failure to make reasonable adjustments

Employers must take reasonable steps to avoid a disabled person being put at a substantial disadvantage by a policy or practice, a physical feature of the workplace, or the lack of an auxiliary aid. The employer cannot charge you for the cost. GOV.UK gives examples such as allowing someone their own desk instead of hot-desking, a ramp, special equipment, or a phased return with flexible or part-time hours.

Harassment

Harassment is unwanted conduct related to a relevant protected characteristic that violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for you. Unwanted conduct of a sexual nature is sexual harassment. In deciding whether conduct had that effect, a tribunal looks at your perception, the other circumstances, and whether it was reasonable for it to have that effect. Marriage and civil partnership and pregnancy and maternity are not covered by this harassment definition. Our guides on bullying and harassment and sexual harassment go further.

Victimisation

Victimisation is being subjected to a detriment because you have done a “protected act”, or because your employer believes you have done or may do one. Protected acts include bringing proceedings under the Equality Act, giving evidence, and alleging that someone has broken the Act. You do not need to use legal language for a complaint to count. A false allegation made in bad faith is not protected.

Time limits on 2 October 2026

The law changed on 1 October 2026. Acas sets out the position:

When the discrimination happened	Time limit for most claims
Before 1 October 2026	3 months minus 1 day
On or after 1 October 2026	6 months minus 1 day

Where there have been several incidents, Acas says the time limit starts from the most recent act of discrimination you include in your claim. The Equality Act treats conduct extending over a period as done at the end of that period. A tribunal can allow a late discrimination claim if it thinks that is just and equitable, but Acas says time limits are strictly enforced in most cases.

Raising a grievance does not stop the clock. Notifying Acas for early conciliation within the time limit does pause it until conciliation ends. See our guide to Acas early conciliation.

What a tribunal can award

If a claim succeeds, a tribunal can order compensation for financial loss and for injury to feelings, and can make recommendations to the employer. Injury to feelings awards follow bands in the Presidential Guidance. For claims presented on or after 6 April 2026:

Band	Range
Lower (less serious cases)	£1,300 to £12,600
Middle	£12,600 to £37,700
Upper (most serious cases)	£37,700 to £62,900

The most exceptional cases can exceed £62,900. The guidance notes that claims in Scotland remain subject to a paragraph of the original guidance, so Scottish practice can differ slightly. Tribunal hearings for claims brought in Scotland are heard by the Employment Tribunals in Scotland.

Steps people usually take

1. Write it down. Dates, what was said or done, who was there, and how it affected you.
2. Raise it informally with a manager or HR, if that feels safe.
3. Raise a written grievance. Our guide to grievances and disciplinaries explains the process.
4. Diary the time limit from the most recent incident, and notify Acas well before it runs out.
5. Consider a claim to the employment tribunal if conciliation does not resolve things.

If you were dismissed, discrimination can be claimed alongside unfair dismissal, and it does not need two years’ service.

Changes coming under the Employment Rights Act 2025

Acas lists further changes. From 30 October 2026, employers must take “all reasonable steps” to prevent sexual harassment and will be liable for harassment by third parties such as customers unless they took all reasonable steps to prevent it. In 2027, the government plans to make clauses void where they stop workers disclosing harassment or discrimination, and to strengthen dismissal protection for pregnant women and new mothers. These were not in force on 2 October 2026.

What to check in your contract or letter

• Equal opportunities or dignity at work policy: what behaviour it bans and how to report it.
• Grievance procedure: who to complain to, deadlines for appeals, and whether you can bring a companion.
• Sickness absence policy and trigger points: whether disability-related absence is counted, and whether adjustments are mentioned.
• Dress code, hours, shift and location rules: rules applied to everyone can still be indirectly discriminatory.
• Probation and performance clauses: what standard is set and whether it allows for adjustments.
• Retirement or age-related terms: any age-based rule needs justification.
• Confidentiality clauses in a contract or settlement agreement that stop you talking about discrimination.
• The reasons in any warning, dismissal or redundancy letter, and whether they match what you were told in person.

When it helps to speak to a solicitor

Discrimination law turns on detail: who you compare yourself with, what the employer knew, and whether a rule can be justified. A solicitor can look at your evidence, check which time limit applies, and explain your options. If you are offered a settlement agreement, the Equality Act requires you to get advice from an independent adviser on its terms and effect before it can settle a discrimination complaint. The Acas helpline (0300 123 1100) can also talk you through the process.

Common questions

Do I need to have worked somewhere for two years to claim discrimination?

No. Discrimination protection under the Equality Act 2010 applies from the first day, and Acas says it also covers job applicants, former workers, and contractors and self-employed people hired to do the work personally. The two-year rule you may have heard about applies to ordinary unfair dismissal claims, not to discrimination.

What is the time limit for a discrimination claim?

For discrimination that happened on or after 1 October 2026, Acas says you have 6 months minus 1 day for most claims. For discrimination before that date, the old limit of 3 months minus 1 day applies. Where there is a series of acts, the time limit runs from the most recent one in your claim. You must notify Acas for early conciliation before you can claim, and doing so within the limit pauses the clock.

Can an employer ever justify treating me differently?

Sometimes. Indirect discrimination and discrimination arising from disability can be justified if the employer shows its rule or treatment is a proportionate means of achieving a legitimate aim. Direct discrimination generally cannot be justified, except for age, where the same justification test applies. Harassment can never be justified.

What counts as victimisation?

Victimisation is being treated badly because you did a protected act, such as bringing a discrimination claim, giving evidence in one, or alleging that someone has broken the Equality Act. It also covers being treated badly because your employer believes you have done or may do one of these things. A false allegation made in bad faith is not protected.

What can a tribunal award for discrimination?

Compensation can cover money you have lost and injury to feelings. For claims presented on or after 6 April 2026, the Presidential Guidance sets injury to feelings bands of £1,300 to £12,600 for less serious cases, £12,600 to £37,700 for the middle band, and £37,700 to £62,900 for the most serious, with exceptional cases above that. A tribunal can also make recommendations to the employer.

Am I disabled under the Equality Act if my condition is controlled by medication?

Possibly. The Act asks whether you have an impairment with a substantial and long-term adverse effect on normal day-to-day activities. Long-term means it has lasted, or is likely to last, at least 12 months or the rest of your life. The effect of treatment is ignored when deciding this, and cancer, HIV infection and multiple sclerosis are each a disability.

Sources

1. Equality Act 2010, section 4 (the protected characteristics) checked Fri Oct 02
2. Equality Act 2010, section 6 (disability) checked Fri Oct 02
3. Equality Act 2010, Schedule 1 (long-term effects, treatment, cancer, HIV and MS) checked Fri Oct 02
4. Equality Act 2010, section 13 (direct discrimination) checked Fri Oct 02
5. Equality Act 2010, section 15 (discrimination arising from disability) checked Fri Oct 02
6. Equality Act 2010, section 19 (indirect discrimination) checked Fri Oct 02
7. Equality Act 2010, section 20 (duty to make adjustments) checked Fri Oct 02
8. Equality Act 2010, section 26 (harassment) checked Fri Oct 02
9. Equality Act 2010, section 27 (victimisation) checked Fri Oct 02
10. Equality Act 2010, section 123 (time limits) checked Fri Oct 02
11. Acas: Discrimination and the law checked Fri Oct 02
12. Acas: Direct discrimination checked Fri Oct 02
13. GOV.UK: Reasonable adjustments for workers with disabilities or health conditions checked Fri Oct 02
14. Acas: Employment tribunal time limits (updated 1 October 2026) checked Fri Oct 02
15. Acas: Early conciliation checked Fri Oct 02
16. Employment Rights Act 2025 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2026 checked Fri Oct 02
17. Presidential Guidance on injury to feelings: Ninth Addendum (30 March 2026) checked Fri Oct 02
18. Equality Act 2010, section 147 (qualifying settlement agreements) checked Fri Oct 02
19. GOV.UK: Workplace bullying and harassment (Acas helpline number) checked Fri Oct 02
20. Acas: Employment Rights Act 2025 checked Fri Oct 02

This guide is general information about employment law in Great Britain (England, Wales and Scotland). Northern Ireland has its own employment law. It isn't legal advice and doesn't take your circumstances into account.