Discrimination and Harassment

Discrimination means treating someone less favourably because of protected characteristics including age, disability, gender reassignment, marriage, pregnancy, race, religion, sex, or sexual orientation. Equality Act 2010 prohibits discrimination in employment including recruitment, terms and conditions, promotion, training, and dismissal. Types include direct discrimination (less favourable treatment), indirect discrimination (neutral policies with disproportionate impact), harassment (unwanted conduct creating hostile environments), and victimisation (detrimental treatment for complaining about discrimination). All types are unlawful and give rise to tribunal claims.

Proving discrimination requires showing you were treated less favourably than actual or hypothetical comparators because of protected characteristics. Evidence includes emails, witness statements, statistics showing patterns, and examples of how others were treated differently. Direct evidence of discriminatory motivation is rare. Tribunals often infer discrimination from circumstances. If you prove facts suggesting discrimination, employers must provide non-discriminatory explanations. Weak or inconsistent explanations strengthen discrimination findings. Document everything including comments, treatment differences, and timing of adverse actions after complaints.

Harassment is unwanted conduct related to protected characteristics that violates dignity or creates intimidating, hostile, degrading, humiliating, or offensive environments. It includes verbal abuse, offensive jokes, unwanted touching, or displaying offensive materials. You don’t need to prove comparators were treated better. Harassment depends on whether conduct reasonably creates the kind of impact described by the law considering circumstances and your perception. Single incidents can constitute harassment if sufficiently serious. Sexual harassment has additional categories including unwanted conduct of sexual nature.

Yes, if you’re disabled under the Equality Act definition. We can help you determine whether you meet this definition. Claims arise when employers treat you unfavourably because of disabilities, fail to make reasonable adjustments, or dismiss you for disability-related absences. Reasonable adjustments might include modified duties, equipment, flexible hours, or working from home. Employers’ failures to adjust when requested constitute discrimination.

Discrimination compensation has no cap unlike unfair dismissal. Awards include injury to feelings (assessed in bands depending on seriousness), financial losses including lost earnings and benefits, pension losses, and occasionally aggravated damages for particularly bad conduct. Serious discrimination with significant impact receives higher injury to feelings awards. Awards also cover past and future financial losses until you find equivalent employment. Total awards depend on the seriousness of the discrimination and the financial impact on you. There is no cap on discrimination compensation.

Discrimination claims must be issued within three months less one day of the discriminatory act. For continuing discrimination, time runs from the last act. Acas must be notified before you lodge a claim with the Employment Tribunal. Once Acas have been notified, the limitation period is paused until an early conciliation certificate is issued.

The limitation deadlines are strict. Claims issued late can be rejected unless tribunals exercise discretion to extend time in just and equitable circumstances. Don’t delay seeking advice as investigating and preparing claims takes time. Acting promptly ensures you don’t miss limitation.

You can bring discrimination claims while still employed. If discrimination occurs during employment, the employee may consider raising a formal grievance, which can lead to settlement agreement/mutual termination with compensation. However, if discrimination continues and employers won’t resolve matters, tribunal claims while employed may be necessary to stop discriminatory treatment and secure compensation.