Discrimination at Work

The Equality Act 2010 protects workers from discrimination based on 9 protected characteristics: age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion/belief, sex, and sexual orientation.

Last updated: February 2025

9

Protected characteristics

Uncapped

Compensation cap

None (day 1 right)

Qualifying service

What the Law Says

The Equality Act 2010 prohibits direct discrimination, indirect discrimination, harassment, and victimisation in employment. Employers are vicariously liable for discriminatory acts of employees unless they can show they took all reasonable steps to prevent discrimination. There is no qualifying service period and no cap on compensation.

Your Obligations as an Employer

  • Implement an equality and diversity policy
  • Provide regular equality training to all staff
  • Take reasonable steps to prevent discrimination and harassment
  • Make reasonable adjustments for disabled employees

What to Include in Contracts

Include an equal opportunities statement, reference the company equality policy, include anti-harassment provisions, and specify the grievance procedure for discrimination complaints.

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Common Mistakes

  • Not having a written equality policy or failing to enforce it
  • Ignoring complaints of harassment between colleagues
  • Failing to make reasonable adjustments for disabled employees

FAQ

What is indirect discrimination?

Indirect discrimination occurs when a seemingly neutral policy, criterion or practice puts people sharing a protected characteristic at a particular disadvantage compared to others, and the employer cannot objectively justify it as a proportionate means of achieving a legitimate aim.

Can positive discrimination ever be lawful?

The Equality Act permits positive action (s.158-159) where people with a protected characteristic are disadvantaged, under-represented, or have particular needs. However, outright positive discrimination (e.g. quotas) remains unlawful except in very limited tiebreaker situations.

Related Topics

Flexible Working Rights 2025

Grievance Procedure (ACAS Code)

Disciplinary Procedure (ACAS Code)

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This is guidance for UK employers, not legal advice. For complex employment law matters, consult a qualified employment solicitor or ACAS.

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