Workplace discrimination remains one of the most sensitive and complex areas of employment law. The Equality Act 2010 protects individuals from unfair treatment based on specific characteristics, placing clear legal obligations on employers.
At Warners Solicitors, our employment discrimination lawyers provide strategic and practical advice to both employers and employees. Whether you are an employee pursuing a claim against your employer or an employer seeking to ensure compliance, defend a claim, handle a complaint, or manage risk, we can support you at every stage with clear, effective guidance.
Employment discrimination refers to a situation where a person is treated unfairly at work due to one or more of their ‘protected characteristics’, which are defined under the Equality Act 2010.
Protected characteristics include:
– Age
– Disability
– Gender reassignment
– Marriage and civil partnership
– Pregnancy and maternity
– Race
– Religion or belief
– Sex
– Sexual orientation
Employers can be liable for both direct discrimination and indirect discrimination, as well as related issues such as harassment and victimisation or instructing, causing, inducing and helping discrimination.
This is a complex area, but in summary:
Direct discrimination occurs when someone is treated less favourably because of a protected characteristic.
Example: A manager refuses to promote a qualified employee because of their gender identity.
This form of discrimination happens when an act, decision, policy or rule, is applied equally to all staff and not intended to treat anyone less favourably, but, in practice, places a group of individuals with a particular protected characteristic at a disadvantage.
Example: Requiring all employees to work late may disproportionately affect single parents or staff with disabilities.
Where an action disadvantages an individual with that characteristic, it will amount to indirect discrimination unless it can be objectively justified.
There are three definitions within the Equality Act 2010:
This does not apply to the characteristics of maternity and civil partnership or pregnancy and maternity.
Negative treatment as a result of raising or being involved with (or may do or be involved in) ‘protected acts’ such as a complaint of discrimination, bringing a discrimination claim, becoming involved in another employee’s complaint, giving evidence in connection with proceedings, doing anything for the purposes of or in connection with the Equality Act 2010 or alleging a contravention of the Equality Act 2010.
It is expressly unlawful to instruct, cause, induce or help someone to discriminate against, harass or victimise another person, or attempt to do so.
For this to apply, the relationship must be one in which discrimination, harassment or victimisation is prohibited, such as an employment relationship.
Our team of specialist employment discrimination solicitors provide tailored legal advice to both employers and employees
Legal compliance isn’t just about avoiding tribunal claims; it’s also about creating a fair, inclusive, and productive workplace. Our services include:
Discrimination at work can be emotionally and professionally damaging. If you’ve experienced unfair treatment, our employment discrimination lawyers can:
Based in Kent, Warners is one of the most trusted firms in the South East for advising clients on workplace discrimination issues. Our experienced team delivers:
If you need advice on employment discrimination, whether you are an employer or an employee, don’t hesitate to contact our specialist employment discrimination lawyers. We are ready to discuss your situation and provide tailored advice to protect your rights and interests.
Any unfavourable treatment linked to a protected characteristic, whether direct or indirect, may qualify as discrimination. Please see the above for more detail around specific claims. Discrimination can also include harassment, victimisation and instructing, causing, inducing or knowingly helping unlawful acts.
Yes. Workers, partners, LLP members, contractors, apprentices, office holders, and even job applicants can be protected under the Equality Act 2010.
Typically, you must bring a claim within three months less one day of the discriminatory act or incident to which the complaint relates. Time limits in the Employment Tribunal are strict, we would recommend you take legal advice without delay to protect your position.
Before brining a claim, you must comply with mandatory Acas early conciliation, this can extend the time limit for bringing a claim.
There is no upper limit on the amount of compensation that can be awarded in discrimination claims. Compensation may cover financial loss (such as loss of earnings, pension and benefits) and non-financial loss such as injury to feelings and personal injury. The aim is to out the individual in the position they would have been had the unlawful discrimination not taken place.
If your employer dismissed you for raising a complaint of discrimination, this could give rise to a claim for victimisation under the Equality Act 2010.
