Workplace Discrimination Claim - Get Compensation for Unfair Treatment

Complete guide to discrimination at work claims. Equality Act 2010, 9 protected characteristics (age, disability, gender, race, religion, sexual orientation, pregnancy, marriage, caste). No 2-year service requirement. Direct, indirect, harassment, victimisation claims. Tribunal compensation up to £100k+.

Quick Answer

If you were treated unfairly at work because of age, disability, gender, race, religion, sexual orientation, pregnancy, marriage, or caste, you can claim discrimination - no service requirement needed. Three types: direct (overt discrimination), indirect (neutral rule harming protected group), harassment (unwanted conduct creating hostile environment), victimisation (retaliation for raising claim). Claim at tribunal within 3 months of last incident. Compensation: unlimited (typical £10k-£50k, up to £100k+ for serious cases). Burden is on employer to prove treatment was not discriminatory.

How to Claim Workplace Discrimination

1

Document All Incidents

Create a timeline of discriminatory incidents: dates, what happened, who was involved, witnesses, any evidence (emails, messages, performance reviews). Note: "Why was this incident discriminatory?" - how did it relate to your protected characteristic? Collect comparative evidence (were others treated differently?).

2

Raise Formal Grievance (Optional but Recommended)

File formal grievance with employer describing discrimination and requesting investigation. Employer must respond within reasonable timeframe. If grievance shows employer failed to address discrimination, strengthens your tribunal case. Keep all correspondence. If employer retaliates (victimises you), that's an additional claim.

3

Contact ACAS and Notify Employer

Notify ACAS (0300 123 1100) for early conciliation (mandatory before tribunal). ACAS contacts employer to attempt settlement. Get ACAS certificate. Document all discriminatory incidents and impact (lost earnings, distress, health issues).

4

File Tribunal Claim Within 3 Months

File ET1 form at tribunal (et3online.civilservice.gov.uk) claiming discrimination under Equality Act 2010. Include ACAS number, description of each incident, evidence, witnesses, impact. Tribunal decides if treatment was discriminatory and awards compensation (no service requirement - even 1-day employees can claim).

What the Law Says

Equality Act 2010, s.23-40 - Discrimination Types
Direct discrimination: less favourable treatment because of protected characteristic. Indirect discrimination: neutral provision/practice disadvantaging protected group. Harassment: unwanted conduct creating hostile environment. Victimisation: unfair treatment for raising discrimination claim.
Equality Act 2010, s.4-12 - Protected Characteristics
Age, disability, gender reassignment, marriage, pregnancy/maternity, race, religion/belief, sex, sexual orientation, caste. Employers must not discriminate on these grounds in recruitment, pay, promotion, training, working conditions, or dismissal.
Equality Act 2010, s.136 - Burden of Proof
Employee must prove prima facie (on balance) that there was less favourable treatment. Burden then shifts to employer to prove treatment was not discrimination. Employer's silence or lack of explanation strengthens employee's case.
Equality and Human Rights Commission Code of Practice
Employers have duty to prevent discrimination, provide equal opportunities, and respond to complaints promptly. Failure to investigate discrimination claims or delay in response is evidence of institutional acceptance of discrimination.

Common Discrimination Scenarios

Age Discrimination - Passed Over for Promotion

Younger, less experienced colleague promoted over you. You're told "We want younger energy" or "You're overqualified." This is direct age discrimination. Claim unfair treatment based on age under Equality Act. Compare: was younger person genuinely better qualified?

Disability Discrimination - Lack of Reasonable Adjustments

You have disability (physical, mental, chronic illness). Employer refused reasonable adjustments (flexible hours, home working, accessible office). Discrimination is refusing adjustments that would enable you to work. Claim disability discrimination.

Gender Pay Gap and Sex Discrimination

Female colleagues paid less than males in same role. No legitimate pay reason. This is direct sex discrimination. Claim under Equal Pay Act 1970 or Equality Act 2010. Compare: do male colleagues earn more for same/similar work?

Race Discrimination - Racist Comments or Exclusion

Subject to racist jokes, comments, or exclusion from opportunities (no projects, meetings, social events) because of race/ethnicity. Employer failed to act despite complaints. Claim race discrimination and harassment under Equality Act.

Religion Discrimination - Refusal to Accommodate

Refused flexible break for prayer, time off for religious festival, or allowed harassment of religious beliefs. Employer must accommodate religion unless undue hardship. Claim religion discrimination and harassment.

Pregnancy Discrimination - Pay Cut or Dismissal

Pregnant or on maternity leave, subjected to unfavourable treatment (pay cut, missed promotion, exclusion from opportunities). Automatic discrimination - maternity is a protected characteristic. Claim pregnancy discrimination (no service requirement needed).

Frequently Asked Questions

Do I need 2 years' service to claim discrimination?+
No. Discrimination claims have NO service requirement. Even day-1 employees can claim. This differs from unfair dismissal (which needs 2 years). If you face discrimination immediately, file tribunal claim within 3 months.
What's the difference between direct and indirect discrimination?+
Direct: overt - "We won't hire women" or "No older workers." Indirect: neutral rule harming group - requiring long hours (disadvantages carers/parents), dress code (affects certain religions). Both illegal. Indirect has "justification" defence (business necessity), direct does not.
Can my employer retaliate for raising a discrimination claim?+
No. Victimisation (retaliation for raising claim) is illegal under Equality Act 2010, s.27. If dismissed, disciplined, or treated unfairly after complaining of discrimination, file separate victimisation claim. Even raising a potential claim is protected.
How much compensation can I get for discrimination?+
Unlimited. Typical awards: £10k-£50k for mid-range cases. Serious cases (harassment, health impact, career damage): £50k-£100k+. Compensation covers: lost wages, future earnings loss, medical/counselling costs, distress, damage to reputation, injury to feelings. No statutory cap like unfair dismissal.
What if there's no "direct evidence" of discrimination?+
Circumstantial evidence works. Show: you're in protected group, treated less favourably, comparator treated better, timing/context suggests discrimination. Tribunal can infer discrimination from pattern of evidence. Burden shifts to employer to explain the treatment was not discriminatory if you prove prima facie case.
Can I claim multiple types of discrimination simultaneously?+
Yes. If you're treated unfairly because of multiple characteristics (race AND gender), claim both. Or claim direct discrimination plus harassment plus victimisation. Tribunal assesses each claim separately and awards total compensation.

File Your Discrimination Claim Now

Use FightingBack's WorkRights tool to document incidents, contact ACAS, and file tribunal claim.

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