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📋 Toolbox Talk  ·  Employment Rights

Discrimination at Work:
Know the Law

The 9 protected characteristics, types of discrimination, harassment, victimisation and how to take action under the Equality Act 2010.

✅ Verified July 2026📚 Equality Act 2010 · EHRC🇬🇧 England, Wales & Scotlandukworkrights.co.uk
Protected characteristics

The 9 protected characteristics

  • Age — any age group, not just older workers
  • Disability — physical or mental impairment with substantial, long-term effect
  • Gender reassignment — proposing to undergo, undergoing or having undergone a process to reassign sex
  • Marriage and civil partnership — in employment only
  • Pregnancy and maternity — during pregnancy and maternity leave period
  • Race — colour, nationality, national or ethnic origin
  • Religion or belief — includes lack of religion or philosophical belief
  • Sex — applies to men, women and gender
  • Sexual orientation — gay, lesbian, bisexual, heterosexual

💡 The Equality Act 2010

All 9 characteristics are protected in all aspects of employment — recruitment, pay, promotion, training, dismissal and beyond.
Types of discrimination

Four types of unlawful discrimination

1
Direct discrimination

Treating someone less favourably because of a protected characteristic. Example: not promoting a woman because she might go on maternity leave.

2
Indirect discrimination

A rule or practice that applies to everyone but puts people with a protected characteristic at a disadvantage — unless it can be objectively justified. Example: requiring everyone to work Saturdays where this disadvantages observant Jewish workers.

3
Harassment

Unwanted conduct related to a protected characteristic that violates dignity or creates a hostile environment. Includes a single serious incident or persistent low-level behaviour.

4
Victimisation

Treating someone badly because they raised a discrimination complaint or supported someone else's complaint. Cannot happen even if the original complaint was unfounded.

The facts

Discrimination at work — key facts

9
Protected characteristics under the Equality Act 2010
Uncapped
Compensation in discrimination Tribunal claims — no upper limit
Day 1
Protection from discrimination applies from before you even start — including during recruitment
3 months
Time limit to bring a claim — 3 months less one day from the act complained of
6 months
Extended Tribunal time limit from October 2026 (ERA 2025)
Both
Employer and individual perpetrator can both be liable for discrimination
What to do

If you experience discrimination

1
Keep a detailed record

Note dates, times, what was said, who witnessed it. Save emails and messages. A contemporaneous diary is powerful evidence.

2
Raise a formal grievance

Put your complaint in writing to HR. This triggers your employer's legal obligation to investigate. Keep a copy of everything you submit.

3
Contact the EHRC or ACAS

The Equality and Human Rights Commission: 0808 800 0082. ACAS: 0300 123 1100. Both can advise on your options.

4
ACAS early conciliation before Tribunal

Required before any Employment Tribunal claim. Time limit is 3 months less one day — do not delay.

Common questions

Frequently asked questions

Does the discrimination have to be intentional?
No. Direct discrimination can be unintentional. Indirect discrimination is by definition unintentional — the effect on the group matters, not the motive. The Equality Act focuses on outcome, not intent.
Can I be discriminated against during recruitment?
Yes — and it is unlawful. You are protected before employment begins. Employers cannot ask about your health, pregnancy status or disability during recruitment except in very limited circumstances.
What is associative discrimination?
Being discriminated against because of someone else's protected characteristic — for example, being treated badly because your partner is disabled. This is unlawful under the Equality Act even though you don't have the characteristic yourself.
My employer did an investigation and found no evidence — what now?
An internal investigation finding does not prevent you bringing an Employment Tribunal claim. Tribunals conduct their own independent assessment of the evidence. Contact ACAS and consider your options.
Free rights guidance

Check your
discrimination rights

Describe your situation and get personalised guidance on the Equality Act, harassment and how to take action.

EHRC
0808 800 0082
equalityhumanrights.com
ACAS
0300 123 1100
acas.org.uk
Citizens Advice
0800 144 8848
citizensadvice.org.uk
UK Work Rights — Free checker
Discrimination Checker
ukworkrights.co.uk/discrimination.html

General rights guidance only — not legal advice · Verified July 2026 · © UK Work Rights Ltd · Company No. 17228507