The Nine Protected Characteristics
The Equality Act 2010 protects workers from discrimination on the basis of:
Types of Unlawful Discrimination
Treating someone less favourably because of a protected characteristic. Example: not promoting a woman because she is pregnant.
A neutral policy that puts a group sharing a protected characteristic at a particular disadvantage. Example: a requirement to work Sundays that disadvantages observant Christians.
Unwanted conduct related to a protected characteristic that violates dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.
Being treated badly because you made or supported a discrimination complaint, or indicated you intend to do so.
For disability only: failure to take reasonable steps to remove a disadvantage experienced by a disabled person.
Discrimination because of your association with someone who has a protected characteristic (e.g. carer of a disabled child), or because the employer perceives you to have one.
Common Situations We Help With
Disability Discrimination — Reasonable Adjustments
Disability discrimination has an additional protection not available for other characteristics: the duty to make reasonable adjustments (s.20–21 Equality Act 2010). Once an employer knows (or could reasonably be expected to know) of a disability, they must take reasonable steps to remove any substantial disadvantage.
Examples of reasonable adjustments include:
- Phased return to work after illness
- Home or hybrid working
- Adjusting performance targets during recovery
- Providing specialised equipment or software
- Redeployment to a suitable role
- Discounting disability-related absences from attendance records
A condition is a disability under s.6 Equality Act 2010 if it has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. Many conditions qualify — including cancer, HIV, multiple sclerosis (from diagnosis), depression, ADHD, and autism.
Compensation for Discrimination Claims
Unlike unfair dismissal, discrimination compensation is uncapped. Awards can include:
How a Discrimination Claim Progresses
-
1
Raise a grievance (recommended)
Raising a formal grievance is not mandatory but is strongly advisable — it creates a paper trail, evidences your attempt to resolve internally, and a tribunal can reduce an award where you unreasonably failed to use internal procedures.
-
2
ACAS Early Conciliation — within 3-month limit
Mandatory before lodging a claim. Pauses the time limit. A settlement at this stage avoids tribunal proceedings entirely — many discrimination cases settle during EC.
-
3
ET1 — discrimination questionnaire
Your solicitor drafts a detailed ET1. Discrimination claims often include a questionnaire to the employer requesting disclosure of information (e.g. comparator pay data, promotion statistics). The burden of proof shifts once you establish facts from which discrimination can be inferred.
-
4
Hearing — often 3–5 days for discrimination
Discrimination hearings are typically longer than unfair dismissal claims due to the complexity of evidence and the need to establish comparators. Settlement remains possible at any stage, including during the hearing.
Frequently Asked Questions
Do I need to have been dismissed to bring a discrimination claim?
No. Discrimination claims can be brought during employment — for example, for being passed over for promotion, subjected to harassment, denied adjustments, or victimised after raising a complaint. You do not need to resign or be dismissed.
Is there a minimum length of service for discrimination claims?
No. Discrimination claims under the Equality Act 2010 have no qualifying period. You can bring a claim from the first day of employment, or even before employment starts (e.g. discriminatory interview processes).
What is a Vento band for injury to feelings?
Vento bands are brackets for injury-to-feelings awards in discrimination cases, updated periodically. As of April 2024: lower band (isolated incidents) £1,200–£11,700; middle band £11,700–£35,200; upper band £35,200–£58,700; with exceptional cases above the upper band.
My employer says they didn't know I was disabled. Does that matter?
It matters for the reasonable adjustments duty — it applies only where the employer knows or could reasonably be expected to know about the disability. However, for direct disability discrimination and discrimination arising from disability (s.15), actual knowledge is required (or constructive knowledge — where they ought to have known). A solicitor can advise on what knowledge can be attributed to your employer.