Workplace Discrimination: Your Rights in the UK
Updated: Oct 10
Workplace discrimination is when you are treated unfairly because of who you are. It is not just unfair. It is against the law. This guide shows what it is, gives examples and tells you how to protect your rights.
What is discrimination?
Discrimination means being treated unfairly or differently because of a personal trait. In the UK, the Equality Act 2010 protects you at work. Read the government guide on discrimination and your rights, or the Equality Act itself.
The protected traits are:
Age
Disability
Gender reassignment
Marriage or civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation
It can happen to anyone. It can be hard to spot at first.
Types of discrimination
There are four main types. They are direct, indirect, harassment and victimisation. A boss must also make fair changes for a disabled worker. The next parts give an example of each.
Examples of discrimination at work
1. Direct discrimination
This is when you are treated less favourably than others because of a protected trait. A boss cannot discriminate against you for who you are.
For example:
A firm will not hire someone over 50, even though they are fit for the job.
A worker is not promoted because of their sex, even though they are the best person.
2. Indirect discrimination
This is when a rule applies to all staff but hurts one group more.
For example:
A firm says all staff must work late. This may hurt staff with young children or with faith duties.
3. Harassment
Harassment is unwanted conduct that makes you feel scared, upset or put down.
For example:
A co-worker jokes about a person's faith or race and makes the workplace hostile.
A worker is often mocked or left out because of a disability.
4. Victimisation
This is when you are treated badly because you made a complaint, or helped someone else make one.
For example:
A worker reports harassment. Then they are left out of meetings or given less work.
5. Discrimination during hiring
It can happen before a person starts a job.
For example:
A job advert says "Applicants must be under 30". This shuts out older people.
A disabled applicant is not given fair changes for the interview.
6. Discrimination in pay or benefits
This is when staff are paid or treated differently because of a protected trait.
For example:
Men are paid more than women for the same job.
Part-time staff, often women or carers, are left out of a bonus plan.
7. Pregnancy and maternity discrimination
You are protected from unfair treatment for being pregnant or on maternity leave.
For example:
A pregnant worker is told she will not be considered for promotion as she will soon be on leave.
A worker comes back from maternity leave and is moved to a lower role for no good reason.
What to do if you face workplace discrimination
If you think you are being treated unfairly, here is what to do.
1. Write everything down
Note what happened, when it happened and who was there.
Keep copies of emails, texts and other proof.
2. Raise the issue
Talk to your manager or the HR team.
Say what happened and why you think it is unfair.
3. Make a formal complaint
If this does not fix it, use your firm's grievance steps to make a formal complaint.
4. Get legal advice
Speak to an employment solicitor, or ask ACAS for free advice.
An expert can tell you your options and whether you have a strong case.
5. Take legal action
If the problem goes on, you can make a claim to an employment tribunal.
You must usually start the claim within three months of the unfair act.
Protecting yourself
Discrimination is never acceptable. The law is on your side. To protect yourself:
Know your rights: learn what the Equality Act says and how it applies to you.
Speak up: do not stay silent about unfair treatment.
Get support: talk to a union rep, a legal adviser or a support group.
Workplace discrimination takes many forms, from unfair treatment to harassment. If you know the signs and your rights, you can act to protect yourself and seek justice.
If you face it, talk to an employment lawyer or adviser. They can explain your options and help make sure your voice is heard.
Rights at work and human rights
Equality law sits next to human rights law. The Human Rights Act 1998 protects people from unfair acts by public bodies. The Equality Act covers private firms too. Ask an adviser which law fits your case.
For more guidance on workplace rights, see our guide to workplace bullying and constructive dismissal and our page on the steps of an employment tribunal claim.
