Workplace discrimination explained (2026): types, evidence, and compensation

Workplace discrimination is unlawful under the Equality Act 2010 and can occur from day one of employment. If you’ve been treated unfairly because of age, race, sex, disability, religion, sexual orientation, or another protected characteristic, you may have a legal claim. In 2026, discrimination claims require early notification to ACAS, with early conciliation now lasting up to 12 weeks. Strict tribunal time limits still apply. This guide explains what counts as discrimination, how claims are proven, how the ACAS process works, and how compensation is calculated. If you may have experienced workplace discrimination, taking advice from a workplace discrimination solicitor early can help you protect your position and avoid missing strict tribunal deadlines.

Key Takeaway: Is it actually workplace discrimination?

Discrimination occurs when your employer treats you unfavourably because of a protected characteristic (age, race, sex, disability, pregnancy, etc.). Poor management alone isn’t discrimination; the unfavourable treatment must link directly to a protected ground. Establishing this requires evidence: a comparator, timing, or patterns. If there is no link to a protected characteristic, the issue may fall under unfair dismissal or breach of contract instead.

Discover how to identify discrimination at work, and when you need an employment solicitor specialising in discrimination claims.

What is discrimination in the workplace?

Discrimination under the Equality Act 2010 occurs when an employer treats an employee or job applicant unfavourably because of a protected characteristic. Under section 13-27 of the Equality Act 2010, discrimination takes four legal forms:

• Direct discrimination happens when an employer treats someone worse because of a protected characteristic.

Example: rejecting a candidate due to age or denying promotion because of disability. The employer’s intent does not need to be malicious; tribunals focus on the effect of the treatment. The employer’s reason for the action must be the protected characteristic, not performance or conduct.

• Indirect discrimination applies a neutral policy that disadvantages a protected group disproportionately without objective justification.

Example: requiring full-time work indirectly discriminates against women and disabled workers needing flexibility. The employer can defend indirect discrimination by proving the policy is a proportionate means of achieving a legitimate aim.

• Harassment is unwanted conduct creating a hostile or degrading environment linked to a protected characteristic.

Example: offensive jokes, exclusion, or invasive comments about appearance or background. A single serious incident qualifies. Employers may be liable for third-party harassment where they failed to take reasonable steps to prevent it, particularly following recent legislative reforms.

• Victimisation is unfavourable treatment because an employee raised a discrimination complaint, gave evidence, or supported another’s claim.

Example: dismissal or demotion after making a complaint. Protection applies even if the complaint was ultimately unsuccessful; the employee must only have reasonably believed discrimination occurred.

Protection also extends to discrimination by association and perception, as confirmed in cases such as Coleman v Attridge Law.

Protected characteristics under the Equality Act 2010

Protected characteristics under the Equality Act 2010 prevent employers from treating workers unfavourably based on nine legally protected grounds, strengthening tribunal claims when discrimination is proven.

The nine protected characteristics are:

1. Age: Protection applies regardless of age; both young and older workers are covered equally.
2. Disability: Long-term conditions substantially affecting daily activities; employers must provide reasonable adjustments.
3. Gender reassignment: Covers anyone undergoing, planning, or having undergone transition; no medical diagnosis required.
4. Marriage and civil partnership: Protects married employees and civil partners in employment only.
5. Pregnancy and maternity: Special protection during pregnancy and 26 weeks post-birth from unfavourable treatment.
6. Race: Colour, nationality, ethnic origin, and national origin; not limited to skin tone.
7. Religion or belief: Established faiths and philosophical beliefs (humanism, atheism); excludes political opinions.
8. Sex: Discrimination based on being male or female; includes pregnancy and sex-based harassment.
9. Sexual orientation: Protects lesbian, gay, bisexual, and heterosexual workers equally.

You are also protected if associated with someone holding a protected characteristic or subjected to unfavourable treatment for raising a discrimination complaint (victimisation).

What evidence wins workplace discrimination cases at tribunal?

Proving workplace discrimination at tribunal requires meeting a two-stage burden of proof test under the Equality Act 2010, with evidence requirements shifting between claimant and employer:

1. You establish a prima facie case. Prove facts from which discrimination could be inferred on the balance of probabilities (more likely than not). Evidence includes: a comparator (someone treated better without your protected characteristic); temporal proximity (unfavourable treatment immediately following disclosure of the characteristic); or statistical patterns. Intent is irrelevant. Example: a woman denied promotion shortly after revealing pregnancy, while less-qualified men were promoted.
2. Employer must provide non-discriminatory explanation. Once you establish a prima facie case, the burden shifts. The employer must prove the unfavourable treatment occurred for a legitimate, non-discriminatory reason. If their explanation is unconvincing or absent, the tribunal infers discrimination.

Common rejection risks:

• No comparator or insufficient statistical evidence (indirect discrimination).
• Out-of-time claims (three-month minus one-day deadline from discrimination date).
• Unfavourable treatment predates knowledge of protected characteristic (breaks causal link).
• Weak contemporaneous evidence (emails, notes, witness statements carry more weight than recollection).
• Post-employment victimisation: timing gap between protected act and unfavourable treatment weakens claims,

The strength and credibility of evidence often determine the outcome. Witness statements, contemporaneous documentation, grievance records, and medical reports (for disability claims) are tribunal critical. Recollection alone rarely succeeds. Gaps in timing between the protected characteristic and unfavourable treatment significantly weaken claims.

Tribunal procedures for workplace discrimination claims

Tribunal procedures for discrimination claims follow strict timelines governed by the Equality Act 2010, with ACAS early conciliation now extended to 12 weeks from December 2025.

Time limit: Three months minus one day. Clock starts from the discrimination date. For continuing acts (ongoing harassment), the deadline runs from the last incident. Notifying ACAS within this deadline pauses the clock; you then have at least one month after ACAS issues a certificate to file your tribunal claim (form ET1).

ACAS early conciliation (extended to 12 weeks). You must notify ACAS before filing tribunal claims (unless exempt). A conciliator explores settlement with both parties. This 12-week period (extended from six weeks on 1 December 2025) stops the three-month deadline, giving parties longer to resolve disputes without tribunal. If settlement fails, ACAS issues a certificate enabling tribunal proceedings.

Tribunal hearing process:

• Evidence and witness statements exchanged (4–8 weeks before hearing).
• Full hearing: you present evidence, employer responds, tribunal decides.
• Decision issued within weeks or months.

Post-employment discrimination. Refusing a reference months after dismissal creates a fresh claim deadline from that date, not the original dismissal.

How much compensation do employment tribunals award for workplace discrimination?

Workplace discrimination compensation is uncapped and calculated across four categories under the Equality Act 2010, with injury to feelings awards determined by Vento bands currently in force (from 6 April 2025).

Injury to feelings (Vento bands):

• Lower band: £1,200-£12,100 (less serious cases; single incidents).
• Middle band: £12,100-£36,400 (sustained harassment; deliberate conduct).
• Upper band: £36,400-£60,700 (prolonged campaigns; employer’s dismissive post-complaint behaviour).
• Exceptional cases may exceed £60,700.

Financial loss: Lost wages, pension contributions, benefits (company car, health insurance), and future earning losses (typically 3-12 months). Tribunals reduce awards if you received welfare benefits or found alternative employment.

Personal injury: Additional awards for depression, anxiety, or physical injury caused by discrimination (requires medical evidence; rare).

Aggravated damages: Aggravated damages may be awarded where the employer’s conduct was particularly oppressive or high-handed. Amounts vary by case.

Interest: 8% per annum on injury to feelings (from discrimination date to hearing) and financial loss (from midpoint between discrimination and hearing to judgment). Interest continues post-judgment at 8% if unpaid within 14 days.

Reduction factors: Compensation reduces if you failed to mitigate losses (e.g., did not seek new employment actively) or if tribunal estimates you would have been dismissed anyway (percentage reduction applied).

Worked example:

• Injury to feelings: £18,000 (middle band)
• Lost wages (6 months): £8,400
• Pension loss: £1,200
• Interest (8% on injury to feelings): £720
• Total: £28,320

FAQs

What is discrimination in the workplace? Workplace discrimination occurs when unfavourable treatment is linked to a protected characteristic under the Equality Act 2010. It includes direct discrimination, indirect discrimination, harassment, and victimisation.

How long do I have to make a discrimination claim? You have three months minus one day from the discrimination date to notify ACAS, which triggers early conciliation (now 12 weeks). Once ACAS issues a certificate, you have at least one month to file your tribunal claim. For continuing acts, the deadline runs from the last incident. Missing this deadline bars your claim except in exceptional circumstances.

How much compensation can I get for discrimination? Compensation is uncapped. Injury to feelings awards follow Vento bands (£1,200-£12,100 lower; £12,100-£36,400 middle; £36,400-£60,700 upper). You also recover lost wages, pension contributions, benefits, and 8% annual interest. Tribunals reduce awards if you failed to mitigate losses or would likely have been dismissed anyway.

Discrimination claims demand procedural precision and evidence strength. Understanding protected characteristics, burden of proof, tribunal deadlines (especially the three-month ACAS deadline), and current Vento bands (£1,200-£60,700) determines success. Early advice can help clarify your options and avoid procedural errors.

This guide is general legal information; it does not constitute legal advice. Consult a qualified solicitor for your specific circumstances.

Get tribunal-ready: consult a discrimination specialist

Qredible’s network of vetted employment solicitors specialising in discrimination cases will assess your claim’s strength, calculate compensation under current Vento bands, and represent you at tribunal.

KEY TAKEAWAYS:

• Discrimination links unfavourable treatment to a protected characteristic (age, disability, gender reassignment, marriage, pregnancy, race, religion, sex, sexual orientation). Four forms require distinct evidence: direct discrimination, indirect discrimination, harassment, victimisation.
• In most cases, you must notify ACAS within three months minus one day of the discriminatory act. Tribunals may extend time where it is “just and equitable,” but extensions are discretionary and not guaranteed.
• Compensation is uncapped: injury to feelings (Vento bands £1,200-£60,700+), financial loss (wages, pension, benefits), and 8% interest. Early solicitor advice maximises awards and prevents procedural rejection.