Ruby's story:

I started my first job after leaving school. I had lovely work colleagues, and my boss seemed very nice as well. However, after a while he got too friendly and asked me on a date even though I knew he was married. I told him that I wasn’t interested and after that he started being nasty to me and saying that I wasn’t any good at my job and that I was lazy. I asked HR what to do and they said they couldn’t do anything unless I made a complaint which I did. Shortly after that I was made redundant because my employer said they did not need as many staff, but I was the only one let go.

Lee's story:

I was diagnosed with depression about a year ago. I started feeling better after being on medication for a while, and I began to apply for jobs. I was absolutely thrilled when I was offered a part-time job in a care home. At first things went well and I loved working with the older people. But then my manager changed my shift pattern. When I explained that I couldn’t do Mondays because that’s the day I go to counselling, she looked uncomfortable and started asking questions about how long I’d been going for etc. At the end of my probation period, I got a letter saying that they would be ending my employment.

Has something happened to you that you think might be discrimination?

Discrimination is a particular type of unfair treatment at work. Do you think that you might have been discriminated against but not feel sure? Sometimes you might worry that you are being over-sensitive, or it might be hard to tell because you do not know if other people you work with are being treated the same way.

Do not delay!

If you were discriminated against you only have three months to make a claim, so you need to act quickly:

• Use this guide to help you understand if your situation is covered by any laws.
• Get advice from a specialist organisation as soon as you can!

The Equality Act 2010, is the main law that covers discrimination. At work the Equality Act 2010 protects you from discrimination when:

• you are applying for a job,
• you are offered a job - to make sure that you do not get less favourable terms and conditions, such as paying you less than they would other people; and
• you are in a job - to make sure you get the same training, promotion and transfer opportunities as everyone else, and so that they cannot sack you, or
• when you have left a job.

‘Protected characteristics’ – who you are

The Equality Act 2010 protects you from discrimination at work if you have a ‘protected characteristic’, including:

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

Below we set out the different types of discrimination included in the Equality Act 2010. As you read through, think about how it might apply to your situation.  

Being treated worse than someone who does not have your protected characteristic – direct discrimination

Direct discrimination is where you are treated worse than other people because of who you are (your protected characteristic). For example, because you are from another country, you are disabled, or you are gay.

Examples:

• A female employee is disciplined for being late although a male colleague who has also been late several times has not been disciplined. She is disciplined because she is a woman and her manager holds a stereotypical view that women are less committed to their jobs. This is direct discrimination because of ‘sex’.
• An employee of Asian heritage is passed over for promotion because of their race in a workplace which is mainly white. This is direct discrimination because of ‘race’.

Direct discrimination can be difficult to prove. If you think it might have happened to you, get advice.

Being harassed

Ariel's story:

When I told my boss that I was taking time off to have gender reassignment surgery I expected him to keep it confidential. But over the next few weeks I was called names and subjected to nasty practical jokes from colleagues – from being called a ‘lady boy’ to finding bras hung up around the office.

If someone is saying or doing things because of who you are, that you find offensive, humiliating, frightening, distressing or sexually inappropriate, that is also discrimination. It is called harassment.

Working policies, practices or rules that put you at a disadvantage – indirect discrimination

Your employer may do things, have policies or make decisions that they apply to everyone in the same way. But if it puts you, and other people like you because of your protected characteristic, at a disadvantage compared with others, this could also be discrimination. It is called indirect discrimination.

Examples:

• An employer chooses staff for redundancy on the basis that the last one in should be the first one out. This could be indirect age discrimination because younger employees may have been recruited more recently than older members of staff.
• An advert for a job requires applicants to have a UK education. This could be indirect race discrimination.

However, it is possible for an employer to defend claims of indirect discrimination if the employer can justify their behaviour as a necessary way to achieve a genuine aim.

Being punished for complaining about discrimination - victimisation

If you are treated less favourably by your employer for:

• complaining about being discriminated against,
• taking a case to an employment tribunal, 
• being a witness to discrimination, or
• if your employer thinks you might do one of those things

that is also against the law. It is called victimisation.

Victimisation is often confused with harassment, but it is a separate claim.

Examples:

• A woman who worked for a bank was victimised when she was dismissed after her employer found out that she was suing her previous employer for sex discrimination.

• A visually impaired woman was passed over for a promotion, because in the past she had made a complaint about discrimination, after her boss refused her request for a reasonable adjustment – extra equipment to help with her visual impairment.

Being discriminated against after you have left your job - post-termination discrimination

This is when an employer discriminates against you when you have left work.

Example:

• A nursery worker leaves her organisation after complaining of discrimination. When she is offered a new job her old employer sends a poor reference, and the job offer is withdrawn.

Discrimination by association

Mostly, people are discriminated against because of who they are, for example, their race, sexual orientation or religious belief. But it is also illegal to discriminate against you because of someone else’s protected characteristic.

Examples:

• A manager stops inviting an employee to social work events after she mentions that she went to a gay pride event with friends.

• A maintenance worker is harassed at work after his colleagues find out that his parents are Jehovah’s Witnesses.

It is also illegal to discriminate against you because of your own positive attitude towards people with other protected characteristics.

Hannah’s story:

I used to work in a pub down the road from where I live. On one of my shifts, I served some Travellers. After they’d gone, my manager told me not to serve anyone like that. If they came in again, he said I should just tell them to leave. I didn’t say anything at the time, but I made up my mind that I wasn’t going to treat anyone like that no matter what my manager said. So, when some Travellers came in later, I served them their pints like everyone else. And then I got the sack.

This is race discrimination and Hannah could have brought a claim against her employer.

Be aware, marriage and civil partnership, and pregnancy and maternity are not covered by the rules about discrimination by association. This means it is not legally discrimination if the unfair treatment is because you are connected to someone who is married, in a civil partnership or pregnant . But it could potentially be sex discrimination by association, so get advice if you are not sure if this might be happening to you.

What about carers?

Being a carer is not one of the protected characteristics. But if you are a carer there are situations where you may be discriminated against by association because you are connected to someone with a protected characteristic, for example, you care for someone who is older or disabled.

Examples:

• An employer decides not to offer a woman a job after learning that she cares for her disabled mother.

• An employer refuses to allow a worker the same flexibility to look after her disabled daughter, than parents of children who are not disabled.

And whilst being a carer is not a protected characteristic, if you are a carer or parent, you may be covered by other protected characteristics, such as sex, pregnancy and maternity, disability, and marriage and civil partnership. For more information see Discrimination against parents and carers in the workplace from Working Families.

Mistaken belief about who you are – discrimination by perception

It is illegal for someone to discriminate against you because they think you are a particular race or sexual orientation or religion even if you are not. So, it is illegal for an employer to decide not to interview you because they think you are Muslim, whether you are or not.

Example:

• An employer decides not to shortlist a candidate for interview because they incorrectly think they are Romanian.

But be aware, marriage and civil partnership, and pregnancy and maternity are not covered by the rules about discrimination by perception. This means it is not discrimination if someone treats you unfairly because they think you are married, in a civil partnership or pregnant, when you are not.

This is when you are treated unfairly not because of a disability but because of something that has been caused by the disability. For example, being absent from work because of a disability.

However, it is possible for an employer to defend claims of indirect discrimination if the employer can justify their behaviour as a necessary way to achieve a genuine aim.

Angela's story:

I have severe migraines. I’m under the hospital, have to take medication every day and have botox every three months to try and control the headaches. Sometimes my headaches are so bad I cannot possibly work. I had to have more time off than allowed by my work’s sickness policy. As a result, they sacked me. But then I took them to tribunal and my claim for disability discrimination was successful! This is because my employer did not allow me additional time off work to cope with my condition and because they did not consult with me about alternative ways of working.

What counts as a disability?

Under the Equality Act a disability is a physical or mental health condition that makes it (or is likely to make it) difficult for you to carry out normal day-to-day activities for at least 12 months.

It is a very wide definition covering far more illnesses, conditions and situations than traditionally thought of as disabilities. For example, it can include, amongst many other things, dyslexia, severe disfigurement, loss of a limb and terminal illnesses. You could be covered by the disability discrimination legislation even if you have never thought of yourself as disabled.

Mental health problems such as depression and anxiety are also covered by the Equality Act if they make it difficult for you to carry out day-to-day activities and last or are likely to last for 12 months or more.

You will be covered by Equality Act even if you are having treatment or taking medication which makes it possible for you to carry out normal day-to-day activities. 

However, certain conditions are automatically accepted as a disability under the Equality Act. For example, if you have or have had in the past:

• Cancer,
• HIV,
• Multiple Sclerosis, or
• blindness and sight loss (if a consultant ophthalmologist has certified you as blind, severely sight impaired, sight impaired or being partially sighted)

you will automatically be accepted as having a disability.

Example:

• A woman has cancer. Her employer sacks her - not because she has cancer, but because of all the time she has had off work because of it. Unless her employer can show that this is a reasonable way of dealing with the effect her time off is having on his business, this is likely to be discrimination.

Not having 'reasonable adjustments' made for you if you are disabled

A disabled person is entitled to have adjustments made at work so that they are not placed at a disadvantage in comparison with other workers who are not disabled.

The Equality Act 2010 talks about:

• Adjustments to ‘provision, criterion or practice’ (PCPs) - This means rules, policies, practices or requirements that put disabled people at a substantial disadvantage, compared with people who are not disabled,
• Adjustments to premises – for example ramps, accessible toilets and automatic doors if you might have difficulty getting in or around your workplace compared with people who are not disabled.
• Providing aids and support – for example, an adapted keyboard, adapted phone or large screen if it might be harder for you to do your job without specialist equipment or support, than it is for colleagues who are not disabled.

Examples:

• A company uses artificial intelligence to interview candidates by presenting questions on a screen. One candidate is blind. The blind candidate asks to have an interview with spoken questions instead.

• The only access to the staff toilets is through a doorway that is too narrow for a disabled employee in a wheelchair to get through. He points this out to the employer and asks him to see if he can widen the doorway.

If you request a reasonable adjustment your employer must consider it and decide if it is reasonable. Working out what is reasonable can be complicated. You may need legal advice to work out how the law applies to your situation.

Is flexible working a reasonable adjustment?

All employees can ask to work flexibly. But if you are disabled, flexible working can be a reasonable adjustment. And it is harder for employers to turn you down if your request is related to a disability. 

Exceptions to the Equality Act

The Equality Act says that there are some situations where employers can discriminate against someone with a protected characteristic if they have a good reason. For example, if the job needs someone with a particular protected characteristic in order to carry out the job.

A women’s counselling service is allowed to only interview women for a counsellor job.

There are also exceptions for religious organisations. For example, the Catholic Church does not have to recruit women priests.

Not included in the protected characteristics

If someone is treating you unfairly because of who you are, but that reason is not on the list of protected characteristics, it is not covered by the Equality Act 2010.

However, if you are being bullied or treated unfairly in another way that is not related to a protected characteristic you may still be protected by other laws. Use the quick check table below to help you work out if you are covered by the Equality Act. If not, check out Other laws that might protect you.

If you can circle an item in each table to describe what happened at work, your situation might be covered by the Equality Act.

At work, someone:

They did this because:

Did you circle an item in each table?

• If yes – the law might protect you from discrimination. See next steps for more details on how to make a complaint about discrimination. But act quickly! You only have three months to make a claim. Get advice!
• If no – see Other laws that might protect you.

If someone has broken the law by discriminating against you, this might mean that you can go to an employment tribunal – a type of court that deals with employment problems. You are unlikely to get lots of compensation, but it should go some way towards putting right what has happened to you.

But what if you are being bullied or treated unfairly in another way at work for a reason that is not on the list? For example, because you smoke, you come from a different town, or a different social class.

If the discrimination you are experiencing does not seem to be covered by the Equality Act 2010, it does not mean there is nothing you can do to stop it. Depending on exactly what is happening to you, you may be able to resolve it informally by negotiating or making a complaint. Or the person discriminating against you might be interfering with other employment rights, your human rights, committing a criminal offence, or breaking the law in some other way.

Employment law

If someone is treating you unfairly at work in a way that is not covered by the anti-discrimination laws, they could be interfering with other employment rights you have. Your rights are set out in your contract, in your employer’s policies and procedures, and by the law.

Example:

• A woman is being bullied by colleagues at work because she is overweight. When she tells her manager, she does nothing to put a stop to it. Feeling so unsupported, she eventually resigns. She gets advice from an employment law adviser, who tells her she could make a claim against her employer for constructive dismissal (a claim that her employer treated her so badly, she had no alternative but to resign).

Human rights

If you work for a public service provider - such as the NHS, social services, local authorities, the police and prison services, your rights at work are also protected by the Human Rights Act. Human rights include things like the right to privacy and the right to a private and family life.

The Human Rights Act also gives you the right not to be discriminated against. But this does not cover all situations: only those where you are trying to use one of your other human rights.

See the Equality and Human Rights Commission website for more information on human rights.

Criminal law

The person discriminating against you could be committing a criminal offence. If someone is violent towards you or you feel physically threatened by them, this amounts to an assault. There is also a criminal offence of harassment. Hate crimes committed by someone because of their hatred of your sex, trans status, race, disability, sexual orientation or religion, are taken very seriously. If you think that the treatment you have suffered amounts to a criminal offence, you should report it to the police.

Civil laws

If the person discriminating against you causes you financial loss in some way, you might be able to take them to court to get compensation. Or you might want to take them to court to put a stop to their unwanted behaviour.

If someone is harassing you, you might be able to get a non-harassment order or an injunction This is a formal order telling someone that they must not behave in a certain way, such as come within a certain distance of you or your home. If that person ignores the order, there will be consequences for them (which differ slightly depending on the type of order you have).

Discrimination at work can mean that you lose out on opportunities - like a promotion, training, or a pay rise. It can make work stressful and intimidating. It might even have stopped you from getting the job in the first place.

Hopefully having read so far you have an idea if the unfair treatment you have experienced is covered by the Equality Act, or other laws. If it is, you do not have to put up with it.

Make sure you have an idea if the unfair treatment you experienced at work is covered by the Equality Act, or other laws.

Below we set out other steps you could take:

Below we set out your options and discuss some of the advantages and disadvantages:

Do nothing

Ask to be moved / work different shifts

Talk to the person treating you unfairly

Talk informally to your manager

Have a word informally with your manager or, if it is your manager who is the problem, someone more senior or someone in HR.

Make a formal complaint

Make a formal complaint to your employer, called, ‘raising a grievance’.

Try dispute resolution

You can contact ACAS (Advisory, Conciliation and Arbitration Service) for free, confidential and impartial advice about problems such as discrimination, bullying, harassment, unfair dismissal, equal pay, redundancy, the terms and conditions of your job, and the breakdown of your relationship with a work colleague or any other kind of disagreement or dispute in the workplace.

ACAS also offers mediation, conciliation and arbitration services. Find out more about ACAS.

Workplace problems can also be resolved through independent mediation. Accredited mediators who specialise in workplace issues are listed on the website of the Civil Mediation Council or College of Mediators.

Bring a claim in an employment tribunal

You can consider bringing a claim in an employment tribunal.

You will usually have three months to make a claim to an employment tribunal. You would usually do this to get compensation, but tribunals have other powers too.

Before you make a claim in an employment tribunal you must first contact ACAS.

You are far more likely to get a good result if you get an adviser to help you prepare your claim and to represent you at the hearings.

 
Do not forget there are strict deadlines for bringing a tribunal claim.

Bring another type of claim

Whatever action you decide to take, the better prepared you are, the more likely it is that you will get what you want. There are a number of simple steps you can take to improve your case:

• Keep a discrimination diary. Write down the date, time, what happened, who was involved and whether there were any witnesses. If you think they will be sympathetic, ask the witnesses to make a note of these details.
• Although it might be upsetting, it is important to record both what has happened, and exactly which discriminatory words or phrases were used. You can do this by sending yourself an email or text as close to the time that they were said as possible.
• Keep evidence of how the discrimination made you feel, and any impact it had on your mental health. If you get as far as taking a claim to tribunal this will be important in assessing the amount of compensation you should get. Evidence of how the discrimination made you feel might be text messages or emails you sent to family or friends, medical evidence that you went to see a doctor about it, or had to take sleeping pills, and records of days you took off sick with stress.
• Try to find a copy of your employment contract, and any employment policies and procedures of your organisation, particularly the grievance procedure (these might be set out in a staff handbook). Together, your employment contract and your employer’s policies set out your rights and obligations at work (these are usually called your ‘terms and conditions of employment’). You might need these to help show how you have been discriminated against. And if you decide to raise a grievance, you’ll need to follow the procedure set out by your employer.
• Think about the result you want. For example, do you want the person discriminating against you to stop but to keep working for your current employer? Do you want a decision, such as being turned down for a promotion, to be changed? Do you want your job back if you think you have been sacked because of discrimination, or do you want compensation for loss of wages, other benefits, or injury to your feelings? Or do you just want an apology?
• In an ideal world, you should get legal advice about your rights and options, and legal help with whatever course of action you decide to take. If you end up bringing a claim, you should also get someone to represent you at the tribunal. See Help and advice.

ACAS

ACAS - Advisory, Conciliation and Arbitration Service offers free advice and guidance on rights at work and employment law. Helpline number: 0300 123 1100. Line open Monday to Friday 8am-6pm. You can also contact the helpline using Relay UK by dialling: 18001 0300 123 1100. You can get helpline support in any language - just tell the person you talk to what language you prefer to speak.

Citizens Advice

Citizens Advice helps people resolve their legal problems, including employment and discrimination problems by providing free information and advice. You can chat online with an adviser, call the Citizens Advice national phone line or visit your nearest local Citizens Advice.

Equality and Human Rights Commission

The Equality and Human Rights Commission is an independent public body. It provides useful information on its website. In limited circumstances, they will help people to take discrimination claims to a court or tribunal. It covers England, Wales and Scotland.

Work Rights Centre (WoRC)

Provides initial advice and case work to British and EU workers. You can fill in an online form or call Work Rights Centre on 0300 4000 100, Monday to Saturday between 11am-5pm. Work Rights Centre also runs free advice clinics in London and Manchester. Make an appointment by emailing: contact@workrightscentre.org.

Specialist advice

Civil Legal Advice

Civil Legal Advice is a free, confidential service providing discrimination law advice. Once you contact them you can be referred to a specialist who will provide advice and assistance over the telephone or you can be referred to a face-to-face provider. The service covers England and Wales but is only available if you are eligible for legal aid.

You can contact them on 0345 345 4 345, Monday to Friday, 9am to 8pm

Disability Law Service

The Disability Law Service provides free confidential legal advice to people with disabilities and their carers about employment law and discrimination at work. Call: 0207 791 9800, Monday to Friday 9.30am - 5.30pm or email: employment@dls.org.uk. You can also contact them via their website, and they will call or email you back. 

Equality Advisory Support Service (EASS)

The Equality Advisory Support Service helpline advises and assists on issues relating to equality and human rights, across England, Scotland and Wales.

You can call the advice line on 0808 800 0082. It is open from Monday - Friday: 9am - 7pm, and Saturday: 10am - 2pm.

You can also email Equality Advisory Support Service using a form on its website, and at certain times use live chat on their website.

Free Representation Unit (FRU)

If you need representation at an employment tribunal, you may be eligible for help from the Free Representation Unit. FRU can only help if your hearing is being heard in London or the South East of England and if you are referred to them by another agency. Check their website for more details on who can refer to them. 

Law Centres

Law Centres employ solicitors and caseworks specialising in a range of topics including employment. They can provide free advice and representation to people who live or work in their area. Search on the Law Centres Network website to find the nearest law centre to you.

The Law Society

The Law Society represents solicitors in England and Wales. You can search for a solicitor by area of law on the Law Society website or by calling its helpline on 020 7320 5650, 9am to 5pm on Monday to Friday.

Bullying
Unwanted behaviour that is offensive, intimidating or insulting.

Claim  
A case taken to a court or tribunal.

Constructive dismissal              
Where your employer treats you so badly that you are forced to resign, the law says that you are as good as sacked.

Court order      
An official decision by a court. In certain circumstances, courts can force someone to obey a court order by threatening them with fines, or even imprisonment.

Disability           
A physical or mental health condition that makes it (or is likely to make it) difficult for you to carry out normal day-to-day activities for at least 12 months.

Direct discrimination   
Where someone treats you worse than they treat other people because of who you are.

Discrimination by perception
When someone discriminates against you because of a mistaken belief about who you are.

Duty to make reasonable adjustments              
Employers sometimes have workplaces or ways of doing things that put disabled people at a disadvantage. And sometimes disabled employees might find it harder to do their job without specialist equipment or support.

The employer’s duty to make reasonable adjustments means that they have to take reasonable steps to reduce these disadvantages.

Employment tribunal  
A type of court dealing with employment law claims.

Flexible working
A way of working that suits your needs, for example, working from home, or working different hours.

Grievance
A concern, problem or complaint you have about your work.

Harassment    
Someone saying or doing things because of who you are that you find offensive, humiliating, frightening, sexually inappropriate or in any other way distressing.

Human rights   
Basic rights which are covered by the Human Rights Act 1998.

Indirect discrimination                
Where someone has a rule or a way of doing things that they apply to everyone the same, but which puts you, and other people like you, at more of a disadvantage, and cannot be justified.

Injunction          
A court order forbidding someone from behaving in a certain way, such as coming within a certain distance of someone or their home.

Provision, criteria or practice (PCPs)
Rules, policies, practices or requirements that put disabled people at a substantial disadvantage, compared with people who are not disabled.

Terms and conditions (of employment)            
A written statement of your rights and responsibilities at work.

Unfair dismissal             
Where an employer sacks an employee but either: does not have a fair reason for doing so or has a fair reason for doing so but handles the situation unfairly.

Victimisation   
Where someone treats you less favourably for complaining about being discriminated against or helping someone else to complain about being discriminated against.

The information in this guide applies to England and Wales.

The law is complicated. We recommend you try to get advice from the sources we have suggested.

The cases we refer to are not always real but show a typical situation. We have included them to help you think about how to deal with your own situation. 

Acknowledgements

Advicenow is grateful to Bar Standards Board for funding the creation of this guide.

Advicenow would like to thank everyone who provided advice and feedback on this guide, particularly Pam Kenworthy and Marianne Wright. We are also very grateful to Rebecca Thomas of 42BR Barristers for peer reviewing this guide.

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