Workplace Discrimination and Harassment

If you believe you have been discriminated against or harassed at work, you may be unsure whether what happened is legally actionable or simply unfair behaviour. The distinction matters because not every unpleasant, unfair or unreasonable workplace incident amounts to unlawful discrimination or harassment.

The Equality Act 2010 protects workers from several forms of discrimination and harassment connected with protected characteristics. Depending on the circumstances, protection can apply to employees, workers and other people covered by the Act.

The strongest cases usually depend on evidence: what was said or done, when it happened, who was responsible, how others were treated, what the employer knew, and what happened after concerns were raised.

What counts as workplace discrimination?

Workplace discrimination generally involves unlawful less favourable treatment or another prohibited form of conduct connected with a protected characteristic under the Equality Act 2010.

The protected characteristics are:

• age;
• disability;
• gender reassignment;
• marriage and civil partnership;
• pregnancy and maternity;
• race;
• religion or belief;
• sex; and
• sexual orientation.

The Equality Act recognises different forms of unlawful discrimination. The legal test is not identical for every type, so describing something as simply “discrimination” is not enough to determine whether a claim exists.

What are the main types of workplace discrimination?

Direct discrimination

Direct discrimination can occur when someone is treated less favourably because of a protected characteristic.

For example, if an employer rejects an employee for a promotion because of their race or treats an employee less favourably because of their sex, the circumstances may raise a direct discrimination issue.

Comparisons with another person can be important, although the precise legal test depends on the protected characteristic and circumstances.

Indirect discrimination

Indirect discrimination can arise where an apparently neutral provision, criterion or practice puts people sharing a protected characteristic at a particular disadvantage compared with people who do not share it, and puts the individual at that disadvantage.

There are circumstances in which an employer can defend an indirect discrimination claim by showing that the provision, criterion or practice is a proportionate means of achieving a legitimate aim.

Discrimination arising from disability

Section 15 of the Equality Act 2010 provides protection against unfavourable treatment because of something arising in consequence of a person’s disability, subject to the statutory requirements and exceptions.

This can be relevant where an employee experiences treatment because of something connected with their disability, such as an absence or a particular working limitation.

Failure to make reasonable adjustments

Employers can have a duty to make reasonable adjustments for disabled workers in circumstances covered by the Equality Act. The duty can involve changing a provision, criterion or practice, addressing a physical feature, or providing an auxiliary aid, depending on the circumstances.

A reasonable-adjustments issue is therefore not necessarily about whether someone was deliberately hostile or discriminatory. An employer can breach the duty without intending to discriminate.

Victimisation

Victimisation involves detrimental treatment because a person has done a protected act, such as bringing proceedings under the Equality Act, giving evidence or information in connection with such proceedings, or making an allegation that another person has contravened the Act.

The precise statutory definition and the circumstances of the protected act matter when assessing a potential claim.

What counts as workplace harassment?

Harassment under the Equality Act 2010 involves unwanted conduct related to a relevant protected characteristic that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Sexual harassment is separately defined as unwanted conduct of a sexual nature that has the purpose or effect specified by the Act. The Act also contains protection against less favourable treatment because someone rejects or submits to sexual harassment or related unwanted conduct in specified circumstances.

Harassment can take different forms, including words, messages, jokes, comments, images or other conduct. Whether conduct amounts to unlawful harassment depends on the statutory test and the circumstances.

Examples of workplace discrimination and harassment

Workplace discrimination and harassment can arise in many situations. Examples include:

• being denied a promotion because of a protected characteristic;
• being subjected to offensive racial comments;
• being treated less favourably because of pregnancy or maternity;
• being disadvantaged by a workplace rule that creates an unjustified particular disadvantage for a protected group;
• being disciplined differently from comparable colleagues because of a protected characteristic;
• being subjected to unwanted sexual comments or conduct;
• being refused reasonable adjustments because of disability;
• being subjected to detrimental treatment after making an Equality Act complaint; or
• being treated unfavourably because of something arising from a disability.

These examples are not automatically unlawful simply because they look similar to the situations above. The specific facts and legal requirements still need to be established.

What evidence can help prove discrimination or harassment?

Evidence can be crucial. A tribunal may need to consider what happened and whether the facts satisfy the relevant legal test.

Useful evidence can include:

• emails, letters and workplace messages;
• meeting invitations and notes;
• grievances and responses;
• disciplinary documents;
• performance reviews;
• records of relevant workplace decisions;
• dates and descriptions of incidents;
• names of people who witnessed relevant events;
• evidence of how comparable colleagues were treated;
• medical or occupational-health material where relevant to disability issues; and
• documents showing when the employer was told about a problem.

A contemporaneous record can be particularly useful. If an incident occurs, record the date, what happened, who was present, what was said or done, and what happened afterwards. Keep the record factual rather than adding speculation.

What should you do if you are being discriminated against or harassed at work?

1. Record what happened

Keep a clear chronology of relevant incidents. Include dates, locations, people involved, what was said or done, witnesses and any documents supporting the account.

2. Preserve relevant evidence

Keep relevant emails, messages, letters, policies and other documents. Do not alter evidence or obtain confidential material you are not entitled to access.

3. Check the employer’s policies

Your employer may have a dignity-at-work, equality, anti-harassment, grievance or complaints procedure. These policies can explain how concerns should be raised.

4. Consider raising a grievance

A formal grievance can provide a structured way to put concerns to the employer and ask for an investigation. Whether a grievance is appropriate depends on the circumstances.

5. Consider early conciliation

If you are considering an employment tribunal claim, you will normally need to contact Acas for Early Conciliation before bringing most tribunal claims. There are important time limits, and contacting Acas does not generally mean you should delay taking action until the deadline is close.

6. Obtain advice where the issue is serious or disputed

Legal advice can be particularly useful where you are facing dismissal, a serious harassment allegation, a discrimination dispute, a proposed settlement, or a potential employment tribunal claim.

What is the time limit for a discrimination claim?

Employment tribunal claims are subject to strict time limits. For many discrimination claims, the usual starting point is three months less one day from the act complained of.

However, the calculation can be more complicated where there is a continuing act, a series of incidents, a dismissal, or another event affecting the relevant date.

Acas Early Conciliation can affect the time limit by extending the deadline in accordance with the statutory rules. You should not assume that starting an internal grievance automatically stops the tribunal clock.

What can an employer do to address discrimination and harassment?

Employers should take workplace equality and harassment seriously. Depending on the circumstances, an employer may investigate a complaint, interview witnesses, review documents, take disciplinary action where appropriate, make reasonable adjustments, or take steps to prevent further inappropriate conduct.

Employers also have a statutory duty under the Worker Protection (Amendment of Equality Act 2010) Act 2023 to take reasonable steps to prevent sexual harassment of employees in the course of their employment. This duty came into force on 26 October 2024.

The Equality Act also gives employment tribunals power to increase compensation by up to 25% where an employer is found to have breached the preventative duty and the tribunal considers that the employer failed to take reasonable steps to prevent sexual harassment.

The preventative duty does not mean an employer must guarantee that sexual harassment will never occur. The legal question is whether reasonable steps were taken to prevent it.

What if the person discriminating against you is a manager or colleague?

The identity of the person responsible does not automatically determine whether the conduct is unlawful.

The Equality Act can apply to conduct by colleagues, managers and other people in the workplace. Employers can also have legal responsibility for discriminatory acts carried out by employees in the course of employment, subject to the statutory framework and available defences.

If the alleged discriminator is your manager, the employer’s grievance procedure may identify an alternative person or level of management to whom the complaint should be made.

What if the discrimination happens during recruitment or promotion?

Equality Act protection is not limited to what happens after someone starts working. Discrimination can arise in recruitment and other stages of employment.

Examples can include discriminatory job advertisements, interview questions, selection decisions, promotion decisions or requirements that disadvantage people because of a protected characteristic.

The precise legal claim depends on what happened and which statutory provision applies.

What if discrimination leads to dismissal?

If discriminatory treatment contributes to dismissal, more than one potential employment-law issue may arise.

For example, the facts could potentially involve discrimination, victimisation, harassment or unfair dismissal, depending on the circumstances and the worker’s employment status and length of service.

Do not assume that a discrimination claim and an unfair dismissal claim have identical eligibility rules or deadlines. They are separate legal causes of action with different requirements.

Can you settle a discrimination or harassment claim?

Yes. Employment disputes involving discrimination or harassment can sometimes be resolved through settlement, including through a settlement agreement where the statutory requirements are satisfied.

A settlement can address financial compensation and other terms, but the agreement should be reviewed carefully. Particular attention may be needed where it contains confidentiality provisions or seeks to waive discrimination claims.

If you are considering settlement, the relevant question is not simply whether the payment looks reasonable. You should consider the potential claims, evidence, remedies, risks, costs and terms you would be agreeing to.

Common mistakes to avoid

• Assuming every unfair decision is discrimination. A protected characteristic and the applicable legal test matter.
• Waiting too long to act. Employment tribunal time limits can be short.
• Relying only on memory. Preserve documents and create a factual chronology while events are fresh.
• Deleting messages or emails. Preserve potentially relevant evidence lawfully.
• Assuming a grievance stops the tribunal deadline. It generally does not.
• Using labels instead of facts. Explain exactly what happened, when, who was involved and why you believe it was unlawful.
• Ignoring reasonable adjustments. Disability discrimination can involve failures to make reasonable adjustments and treatment arising from disability, not only obvious hostile conduct.
• Assuming harassment must be repeated. The statutory test does not impose a universal requirement for repeated conduct.

Frequently asked questions

Official guidance and legislation