Discrimination.

Discrimination Law

Discrimination occurs when a person is treated unlawfully because of a characteristic protected by law.

Not every unfair, inconsiderate or morally questionable decision amounts to unlawful discrimination. To bring a legal claim, the treatment must normally fall within the Equality Act 2010 or another relevant legal protection.

The Equality Act applies in areas including:

• employment and recruitment;
• education;
• housing and property;
• shops and businesses;
• public services;
• transport;
• clubs and associations; and
• the exercise of public functions.

This guide principally covers discrimination law in England, Wales and Scotland. Northern Ireland has separate equality legislation.

The Protected Characteristics

The Equality Act 2010 protects nine characteristics:

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

The available protection varies according to the characteristic and the area where the treatment occurs.

Age

Age protection covers a person's actual age and membership of an age group, such as people under 25 or people over 60.

Some age-related treatment may be lawful where it can be objectively justified as a proportionate means of achieving a legitimate aim.

Disability

A person is generally disabled under the Equality Act where they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

Protection may apply to visible and non-visible conditions, including physical impairments, mental health conditions, learning disabilities and some progressive illnesses.

Gender Reassignment

The protected characteristic of gender reassignment applies where a person is proposing to undergo, is undergoing or has undergone a process to reassign their sex.

A person does not need to have undergone surgery, taken hormones or obtained a Gender Recognition Certificate to receive protection.

Marriage and Civil Partnership

Marriage and civil partnership are protected principally in employment.

The protection does not generally apply to people who are unmarried, engaged, divorced, or merely living with a partner.

Pregnancy and Maternity

The law protects people against unfavourable treatment because of pregnancy, pregnancy-related illness, maternity leave and, in relevant circumstances, breastfeeding.

Pregnancy discrimination does not require comparison with another person in the same circumstances.

Race

Race includes:

• colour;
• nationality;
• ethnic origins; and
• national origins.

Protection may apply to discrimination involving a particular racial or ethnic group, nationality, citizenship or perceived racial background.

Religion or Belief

This covers religious beliefs and qualifying philosophical beliefs. It also protects people who do not hold a religion or belief.

Not every personal opinion qualifies as a protected philosophical belief. The belief must satisfy established legal tests concerning seriousness, coherence and compatibility with human dignity and the rights of others.

Sex

Sex discrimination concerns treatment because a person is a woman or a man.

It can arise in recruitment, pay, promotion, workplace treatment, education, services and other protected settings.

Sexual Orientation

Sexual orientation protection includes orientation towards:

• people of the same sex;
• people of the opposite sex; or
• people of either sex.

Protection applies whether the orientation is actual or merely perceived.

Direct Discrimination

Direct discrimination occurs where one person is treated less favourably than another because of a protected characteristic.

Examples may include:

• refusing to employ somebody because of their race;
• dismissing an employee because she is pregnant;
• refusing service to a same-sex couple;
• rejecting a tenant because of their religion; or
• denying promotion because an employee is considered too old.

The claimant will often compare their treatment with that of another person whose relevant circumstances are similar but who does not share the protected characteristic.

Direct discrimination is usually unlawful even where the person responsible did not intend to discriminate.

Indirect Discrimination

Indirect discrimination can arise where a policy, rule or working practice applies to everyone but places people sharing a protected characteristic at a particular disadvantage.

For example:

• a requirement to work every Saturday may disadvantage people of a particular religion;
• a minimum height requirement may disadvantage women or some racial groups;
• a requirement to work full time may disadvantage women because they are more likely to have caring responsibilities; or
• a rule requiring all communication by telephone may disadvantage some disabled people.

Indirect discrimination may be lawful where the organisation proves that the requirement is a proportionate means of achieving a legitimate aim.

This requires more than showing that the rule is convenient. The organisation should consider whether the objective is sufficiently important and whether a less discriminatory alternative is available.

Discrimination Arising from Disability

A disabled person may be treated unfavourably because of something arising from their disability.

Examples may include:

• disciplining an employee for disability-related absence;
• refusing service because a person uses an assistance dog;
• penalising someone for behaviour arising from a mental health condition; or
• excluding a pupil because of conduct connected with a disability.

The treatment may be lawful where it is objectively justified.

Liability will not normally arise where the organisation did not know and could not reasonably have been expected to know that the person was disabled.

Failure to Make Reasonable Adjustments

Employers, service providers, education providers, and some other organisations have a duty to make reasonable adjustments for disabled people.

Adjustments may involve:

• changing a policy or procedure;
• altering working hours or duties;
• providing specialist equipment;
• making premises accessible;
• providing information in another format;
• allowing additional time;
• providing an interpreter or support worker;
• changing interview arrangements; or
• removing a physical barrier.

What is reasonable depends on factors such as effectiveness, practicality, cost, available resources and the size of the organisation.

Service providers have an anticipatory duty. This means they should consider the needs of disabled customers generally rather than waiting until a particular person encounters a problem.

Harassment

Harassment is unwanted conduct related to a protected characteristic that has the purpose or effect of:

• violating aperson'ss dignity; or
• creating an intimidating, hostile, degrading, humiliating or offensive environment.

Examples may include:

• racist, sexist or homophobic remarks;
• offensive jokes or images;
• mocking a disability or religion;
• repeated intrusive questions;
• deliberate misgendering in circumstances amounting to unlawful harassment;
• sexual comments or gestures; or
• excluding somebody because of a protected characteristic.

The conduct need not be directed at the person bringing the complaint. A person may be affected by an offensive environment created by the treatment of somebody else.

Sexual Harassment

Sexual harassment is unwanted conduct of a sexual nature that violates dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.

It may include:

• sexual comments or jokes;
• unwanted touching;
• sexual messages or images;
• questions about someone's sex life;
• requests for sexual contact;
• displaying sexual material; or
• conduct through social media or workplace messaging systems.

A person may also be protected where they are treated less favourably because they rejected or submitted to sexual harassment.

Victimisation

Victimisation occurs where somebody suffers a detriment because they carried out, or were believed to have carried out, a protected act.

Protected acts include:

• making a discrimination complaint;
• bringing Equality Act proceedings;
• giving evidence or information in another person’s case;
• alleging that the Equality Act has been breached; or
• doing another act connected with equality rights.

Examples of victimisation may include dismissal, exclusion, reduced hours, hostile treatment or refusal of a reference because somebody complained about discrimination.

A complaint made dishonestly or in bad faith may not receive the same protection.

Discrimination by Association

A person may be directly discriminated against because they are associated with somebody who has a protected characteristic.

For example, an employee might be treated less favourably because they care for a disabled child or because their partner belongs to a particular racial or religious group.

Associative discrimination does not apply in the same way to every protected characteristic or every type of claim.

Discrimination by Perception

Protection may apply where somebody is treated less favourably because they are wrongly believed to have a protected characteristic.

For example, a person may be discriminated against because they are incorrectly assumed to be gay, disabled or of a particular religion.

It does not matter that the assumption was wrong if it caused the treatment.

Discrimination at Work

The Equality Act protects employees, workers, job applicants, former employees and some self-employed people.

Protection applies to matters including:

• job advertising;
• recruitment and interviews;
• pay and benefits;
• terms and conditions;
• training;
• promotion;
• working hours;
• disciplinary action;
• dismissal;
• redundancy;
• references; and
• treatment after employment ends.

An employer may also be legally responsible for discriminatory acts committed by employees in the course of employment.

An employer may have a defence where it can show that it took all reasonable steps to prevent the discrimination.

Recruitment

Employers should avoid discrimination when:

• drafting job descriptions;
• advertising roles;
• selecting candidates;
• conducting interviews;
• setting qualification requirements;
• asking health questions; and
• making job offers.

Health and disability questions before an offer are restricted, subject to limited exceptions such as establishing whether reasonable adjustments are needed for the recruitment process.

Equal Pay

Equality law also protects against sex inequality in contractual pay and employment terms.

A worker may compare their work with that of a person of the opposite sex where the work is:

• the same or broadly similar;
• rated as equivalent under a job-evaluation scheme; or
• of equal value in terms of effort, skill and decision-making.

Equal pay claims are technically distinct from ordinary sex discrimination claims and have different rules and time limits.

Pregnancy and Maternity at Work

It is unlawful to treat an employee unfavourably because of pregnancy or pregnancy-related illness during the protected period.

Protection may apply to:

• recruitment;
• sickness absence;
• health and safety;
• antenatal appointments;
• maternity leave;
• redundancy;
• promotion;
• bonuses; and
• returning to work.

An employee does not need two years' service to bring a pregnancy or maternity discrimination claim.

Discrimination in Services

Businesses and organisations that provide goods, facilities, or services to the public must not unlawfully discriminate.

This can include:

• shops and restaurants;
• banks and insurers;
• hotels and leisure facilities;
• transport providers;
• health and care services;
• solicitors and other professionals;
• online businesses;
• public authorities; and
• charities and voluntary organisations.

The protection can apply whether the service is paid for or provided free of charge.

Housing and Property

Discrimination may be unlawful when selling, renting or managing property.

This can include:

• refusing to rent to somebody;
• applying different terms;
• harassing a tenant;
• refusing reasonable disability adjustments;
• discriminatory eviction action; or
• treating an occupier unfavourably in the provision of services.

Some exceptions apply, including certain arrangements involving small premises occupied by the landlord.

Education

Schools, colleges, universities and other education providers must not discriminate unlawfully in relation to:

• admissions;
• teaching and assessment;
• school discipline;
• exclusions;
• access to facilities;
• reasonable adjustments;
• qualifications; and
• student services.

The appropriate complaint route depends on the type of institution and the issue at hand.

Clubs and Associations

Private clubs and associations with at least 25 members may be covered by the Equality Act where rules regulate membership and involve a selection process.

Protection may apply to membership, access to benefits, disciplinary action, guests and termination of membership.

Some associations are lawfully established for people sharing a particular protected characteristic and may benefit from statutory exceptions.

Public Authorities

Public authorities must not discriminate when carrying out public functions.

Many are also subject to the Public Sector Equality Duty, which requires due regard to the need to:

• eliminate discrimination, harassment and victimisation;
• advance equality of opportunity; and
• foster good relations between different groups.

A failure to comply with the duty may be challenged through judicial review rather than an ordinary compensation claim.

When Different Treatment May Be Lawful

The Equality Act contains exceptions allowing some forms of different treatment.

These may include:

• objective justification of indirect discrimination;
• objective justification of some age discrimination;
• genuine occupational requirements;
• positive action;
• single-sex services in defined circumstances;
• religious occupational requirements;
• competitive sport;
• national security; and
• specific statutory exceptions.

An organisation cannot simply describe discrimination as justified. It must satisfy the legal conditions for the exception relied upon.

Positive Action

Positive action may allow proportionate steps to reduce disadvantage, meet different needs or increase participation by an underrepresented group.

This may include targeted training, encouragement or outreach.

Positive action is different from automatically selecting somebody solely because they have a protected characteristic. Positive discrimination is generally unlawful except where legislation expressly permits it.

What to Do if You Experience Discrimination

Keep a clear record of:

• what happened;
• when and where it happened;
• who was involved;
• what was said;
• the protected characteristic involved;
• witnesses;
• relevant emails, messages and documents;
• financial loss; and
• the impact on your health or wellbeing.

Possible initial steps include:

• raising the issue informally;
• making a formal complaint;
• using a workplace grievance procedure;
• appealing a decision;
• requesting reasonable adjustments;
• contacting a union or representative;
• using mediation; or
• obtaining legal advice.

Internal complaints do not normally stop legal time limits from running.

Employment Tribunal Claims

Workplace discrimination claims are normally brought in the employment tribunal.

Before bringing most claims, the claimant must notify Acas and consider Early Conciliation.

As of July 2026, most employment discrimination claims must normally be brought within three months and one day of the discriminatory act.

Where there is continuing discrimination, the time may run from the end of the continuing act. A series of separate incidents will not always amount to one continuing act.

The tribunal may extend time where it considers this just and equitable, but an extension should not be assumed.

County Court Claims

Discrimination involving services, property, public functions or associations is generally dealt with in the county court in England and Wales.

The usual time limit is six months less one day from the alleged unlawful act.

The court may extend the period where it considers it just and equitable.

Different procedures may apply to education complaints, judicial review, and specialist statutory appeals.

Remedies

A tribunal or court may award remedies including:

• compensation for financial loss;
• compensation for injury to feelings;
• interest;
• a declaration of the parties’ rights;
• recommendations in employment cases;
• an injunction or other order in suitable civil cases; and
• legal costs where permitted.

There is no fixed statutory upper limit on compensation for unlawful discrimination, although the amount must reflect the loss and injury proved.

Complaints and Evidence

Evidence may include:

• emails and text messages;
• workplace policies;
• meeting notes;
• recruitment records;
• pay information;
• witness evidence;
• medical evidence;
• complaint correspondence;
• statistics showing group disadvantage; and
• information about how others were treated.

Discrimination is not always stated openly. Courts and tribunals may draw inferences from the facts where an organisation cannot provide a credible non-discriminatory explanation.

Equality Advisory and Support Service

The Equality Advisory and Support Service provides information and advice about discrimination and human rights issues.

It can be contacted by telephone on 0808 800 0082 or through its online contact service.

The service can explain rights and possible routes for complaints but does not replace legal representation.

How a Discrimination Solicitor Can Help

A discrimination solicitor may assist with:

• assessing whether treatment is legally discriminatory;
• identifying the protected characteristic and type of claim;
• workplace grievances;
• reasonable adjustment requests;
• Acas Early Conciliation;
• employment tribunal proceedings;
• county court claims;
• education and housing disputes;
• service-provider complaints;
• public-law challenges;
• settlement negotiations;
• calculating compensation; and
• defending discrimination allegations.

Finding a Discrimination Solicitor

Discrimination law is technical. Treatment that appears unfair may not fall within the Equality Act, while apparently neutral policies can sometimes amount to unlawful indirect discrimination.

Strict time limits apply, so legal advice should be obtained promptly where court or tribunal proceedings may be required.

Use the search facility at the top of this page to find a solicitor experienced in discrimination and equality law.

This guide provides general information about discrimination law in Great Britain. It does not constitute legal advice and should not replace advice about a particular incident or claim.