Discrimination in the workplace

Understanding discrimination

In everyday conversation, “discrimination” can mean many things. But in the workplace, it has a specific legal definition under the Equality Act 2010.

Discrimination occurs when someone is treated less favourably because of a protected characteristic. These are:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

Types of discrimination

The law recognises several forms of discrimination:

Direct discrimination – treating someone less favourably because of a protected characteristic.

Indirect discrimination – applying the same rule or practice to everyone, but in a way that disadvantages people with a particular protected characteristic. This can also include failing to make reasonable adjustments for disability.

Harassment – unwanted behaviour related to a protected characteristic that creates an intimidating, hostile, or offensive environment.

Victimisation – treating someone unfairly because they have raised, or supported, a complaint under the Equality Act 2010.

Discrimination can be a single incident or a pattern of behaviour. Either way, if it relates to a protected characteristic, it may give rise to a claim in the Employment Tribunal.

Employer responsibilities

Employers have a duty to create a workplace where discrimination is not tolerated. This means:

• Leading by example and ensuring their own actions are fair and inclusive.
• Taking reasonable steps to prevent discrimination and protect employees.
• Recognising that they may be held legally responsible (vicariously liable) for the actions of their staff.

Practical steps include:

Keeping policies up to date — for example Equality, Diversity and Inclusion policies.

Reviewing existing policies to ensure they are fair and non‑discriminatory.

Providing training for managers and team leaders on how to identify and address discrimination.

Offering mentoring or support networks to give employees safe spaces to share concerns.

Individual responsibilities

Responsibility doesn’t rest with employers alone. Employees can also be held personally accountable for discriminatory behaviour. Everyone in the workplace should:

• Be familiar with workplace policies and procedures.
• Take part in training offered by their employer.
• Treat colleagues with respect and fairness.

Raising concerns

Concerns about discrimination should always be taken seriously. Employers should encourage staff to raise issues constructively and provide clear processes for doing so.

Having robust policies, procedures, and training in place not only supports employees but also helps employers demonstrate they have taken reasonable steps to prevent discrimination – an important defence if a claim is made.

Get in touch

If you’re concerned about discrimination in your workplace. Whether as an employer wanting to strengthen your policies, or as an employee seeking clarity on your rights, our Employment team is here to help.

We combine legal expertise with a practical, people‑first approach. We’ll listen, provide clear advice, and work with you to find the best way forward.

Get in touch with us today to discuss your situation in confidence.