How-to guide: Overview of workplace discrimination and harassment law (UK)

Introduction

This guide provides in-house counsel, private practice lawyers and human resources professionals with an overview of the law underpinning discrimination and harassment in England, Wales and Scotland (GB). This guide does not cover employment law in Northern Ireland.

This guide covers:

Introduction to the Equality Act 2010
Protected characteristics
Application to employment
Application to staff
Types of discrimination
Employer liability
Remedies for discrimination

This guide can be used in conjunction with How-to guides: Overview of employment law and How to comply with the employers’ duty to take reasonable steps to prevent sexual harassment in the workplace, Checklist: Employment law considerations during a recruitment process and Quick view: Protected characteristics under the Equality Act 2010.

Employers should be aware that the Employment Rights Bill 2024, introduced on 10 October 2024, aims to significantly enhance worker protections in the UK. Key provisions include granting day-one rights for unfair dismissal, paternity, parental, and bereavement leave, changes to sick pay and flexible working rights, protections against zero-hours contracts and restrictions on the use of ‘fire and rehire’ practices. New legislation will be introduced throughout 2025 and 2026. Further information can be found at UK Parliament: Employment rights bill and Employment Rights Bill: factsheets.

Section 1 – Introduction to the Equality Act 2010

The Equality Act 2010 (EqA 2010) is a landmark piece of legislation in the United Kingdom that was designed to simplify, strengthen and harmonize the law relating to discrimination and equality. It replaced and consolidated numerous earlier laws, including the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976 and the Disability Discrimination Act 1995.

The purpose of the EqA 2010 is to protect individuals from unfair treatment and to promote a fairer and more equal society. It does this by the concept of ‘protected characteristics’ and by prohibiting discrimination, harassment and victimisation related to these characteristics in various areas of public life, including in the workplace.

The EqA 2010 also introduced the public sector equality duty, which requires public bodies and others carrying out public functions to have due regard to the need to eliminate discrimination, advance equality of opportunity, and foster good relations between different people when carrying out their activities.

While the EqA 2010 provides a unified legal framework for equality and discrimination, it is important to remember that law is just one tool for promoting equality. Achieving true equality requires a comprehensive approach, including changes in societal attitudes, workplace cultures and institutional practices. The EqA 2010 is an essential part of this effort, but it’s also crucial for employers, service providers, public bodies and individuals to take proactive steps to promote equality and prevent discrimination. For further information, see How-to guide: How to promote diversity and inclusion within an organisation.

Section 2 – Protected characteristics

The EqA defines nine ‘protected characteristics’ (chapter 1 EqA 2010) which are set out below. For further information about protected characteristics, see Quick view: Protected characteristics under the Equality Act 2010.

2.1 Age

It is unlawful to treat someone less favourably due to their age unless it can be objectively justified or if it is a proportionate means of achieving a legitimate aim.

2.2 Sex

Both men and women are protected from sex discrimination. This also includes protection from discrimination related to issues such as pay and maternity rights.

2.3 Race

This includes colour, nationality, ethnic or national origins.

2.4 Disability

Discrimination due to a person’s disability is prohibited. In addition, employers are required to make reasonable adjustments to accommodate disabled employees.

2.5 Religion or belief

This protects individuals who adhere to a religion or belief, as well as those who do not.

2.6 Sexual orientation

This protects people who are lesbian, gay, bisexual or heterosexual from being discriminated against.

2.7 Gender reassignment

Transgender people who propose to, are undergoing, or have undergone a process to change their sex are protected from discrimination.

2.8 Marriage and civil partnership

Married people and those in a civil partnership are protected from discrimination.

2.9 Pregnancy and maternity

Under the EqA 2010 women are protected from unfair treatment due to pregnancy or maternity leave.

Section 3 – Application to employment

The EqA 2010 has a broad application throughout the entire employment relationship, impacting upon recruitment, employment terms and conditions, training, promotions, and termination of employment (chapter 1 EqA 2010). Its impact also extends to post-employment matters, such as the provision of references. The following provides further information about the application of discrimination law in various aspects of employment.

3.1 Recruitment

From crafting job advertisements to the selection process, employers must ensure that no discrimination occurs during recruitment. This means that job postings must not favour or exclude certain groups unless there is a legitimate occupational requirement. Selection criteria must be relevant to the job and must not indirectly discriminate against any protected group. For instance, requiring a driver’s licence for a position where driving is not essential could indirectly discriminate against disabled individuals who might not be able to drive.

For further information, see Checklist: Employment law considerations during a recruitment process.

3.2 Terms and conditions of employment

Once hired, employees in equivalent job roles must be provided with equal terms and conditions, including in relation to pay, irrespective of their protected characteristics. Failing to do so will contravene the equal pay provisions at chapter 3 EqA 2010 and may also expose employers to allegations of discrimination. Best practice dictates that pay scales should be transparent, and any disparities in pay need to be objectively justified. Benefits, bonuses, and access to facilities or services should also not be discriminatory.

3.3 Promotion and training opportunities

Advancement and training opportunities should be made available to all employees in equivalent job roles equally. Discrimination in promotions or providing training on the basis of any protected characteristic is prohibited (unless training is being provided in the context of making reasonable adjustments, as outlined at 4.5.1 below). It is essential that the process for advancement and training is transparent and based on merit to prevent any direct or indirect discrimination.

3.4 Workplace environment

Employers are responsible for ensuring a respectful and non-discriminatory work environment. This includes taking appropriate action to prevent or address any form of harassment or bullying related to the protected characteristics, and responding to and dealing with any complaints or grievances that reference discrimination or harassment. Employers should implement and enforce anti-discrimination and harassment policies and provide regular training to employees about their rights and obligations under the EqA 2010.

3.5 Dismissals and redundancies

The EqA 2010 also relates to termination procedures, including dismissals and redundancies. Decisions related to dismissals or redundancies should not be influenced by any of the protected characteristics. Both direct and indirect discrimination are unlawful in such circumstances.

3.6 Post-employment

The influence of the EqA 2010 extends beyond the employment relationship itself. If an employee leaves a job, they are still protected from victimisation and discrimination – for example, from receiving a poor reference because they made a complaint about discrimination during their employment.

Section 4 – Application to staff

The EqA 2010 is expansive in terms of the types of work arrangements it covers. The following information sets out how the EqA 2010 applies to different categories of individuals.

For further information about the different types of employment status, see Checklist: Determining the difference between an employee, a worker and an independent contractor.

4.1 Employees

This group is fully protected under the EqA 2010 (section 39 EqA 2010). This includes full-time and part-time employees, as well as those on fixed-term contracts. The EqA 2010 covers all aspects of employment, including recruitment, terms and conditions, promotions, transfers, dismissals and training.

4.2 Workers

‘Worker’ is a broader category that includes not only employees but also some other types of work arrangements, such as individuals working under a contract for services. Like employees, workers are fully protected from discrimination, harassment and victimisation under the EqA 2010 (section 39 EqA 2010).

4.3 Contract workers

Contract workers, such as those supplied by an employment agency to an end-user or hirer, are also protected under the EqA 2010 (section 41 EqA 2010). If the discrimination occurs while the contract worker is working for the hirer, both the agency and the hirer may be liable, depending on the circumstances.

4.4 Partnerships

Partners within both traditional partnerships and limited liability partnerships (LLPs) are protected under the EqA 2010 (sections 44 and 45 EqA 2010). If a partner is treated less favourably by other partners because of a protected characteristic, this could amount to discrimination under the EqA 2010. This applies to all stages of partnership, including the offer of a partnership, terms of partnership, access to benefits, expulsion or any other detrimental treatment.

4.5 Self-employed individuals

The situation for self-employed people can be more complex, as it depends on the nature of their working arrangement. If a self-employed person is contracted to do the work personally and the other terms of their contract are consistent with a contract of employment or a worker’s contract, they could be considered a ‘worker’ or an ‘employee’ under the EqA 2010, and be entitled to protection from discrimination. However, genuinely self-employed people who are not obligated to perform the work personally, or whose contracts otherwise do not resemble an employment or a worker’s contract, may not be covered by the EqA 2010.

Section 5 - Types of discrimination

The EqA 2010 identifies four types of discrimination that are applicable to all of the protected characteristics. There are additional types of discrimination in relation to disability and also protection against unfavourable treatment due to pregnancy or maternity.

5.1 Direct discrimination

Direct discrimination occurs when a person is treated less favourably than another person in a comparable situation because of a protected characteristic (see section 13 EqA 2010).

Examples of direct discrimination are listed below.

A manager promotes a less qualified male employee over a more qualified female employee purely because of the sex of each individual.
An employer does not hire a qualified candidate because they are Muslim, expressing a preference for employees of a different religion.
An employer decides not to promote an employee because they have discovered the employee is planning to transition their gender.

5.2 Indirect discrimination

This occurs when a provision, criterion or practice would disadvantage people with a certain protected characteristic relative to others who do not share it, unless the provision is a proportionate means of achieving a legitimate aim (see section 19 EqA 2010).

Examples of indirect discrimination are listed below.

A company enforces a policy that all employees must work on Saturdays, which could disproportionately affect Jewish employees who observe the Sabbath.
An employer sets a physical fitness standard that is not necessary for effective job performance, and it disproportionately excludes older or disabled employees.
A job posting requires applicants to have a UK-based university degree, which could indirectly discriminate against qualified foreign individuals or individuals who did not have the opportunity to attend university due to socio-economic reasons.

An employer could seek to defend the above examples of indirect discrimination by contending that the provision, criterion or practice is a proportionate means of achieving a legitimate aim. For example, a requirement to have a university degree may be justified in certain professions.

5.3 Harassment

Harassment is unwanted conduct related to a relevant protected characteristic, not necessarily the complainant’s characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual (see section 26 EqA 2010).

Examples of harassment are listed below.

An employee consistently makes derogatory comments about different sexual orientations, creating an offensive and intimidating work environment.
A manager frequently makes belittling jokes about an employee’s age, leading to a hostile work environment.
Colleagues repeatedly mock a co-worker’s accent or ethnicity, which degrades the individual and violates their dignity.

Since October 2024, employers have a positive obligation to prevent sexual harassment in the workplace. See How-to guide: How to comply with the employers’ duty to take reasonable steps to prevent sexual harassment in the workplace for further details.

5.4 Victimisation

Victimisation refers to treating someone unfavourably because they have taken (or might be taking) action under the EqA 2010 or be supporting somebody else who is doing so (see section 27 EqA 2010).

Examples of victimisation are listed below.

An employee is side-lined from important meetings after they supported a colleague’s sexual harassment claim.
An employer gives a poor reference to a former employee because they lodged a discrimination complaint during their employment.
A worker is denied promotion opportunities after testifying in a disability discrimination case against their employer.

5.5 Additional forms of disability discrimination

The protected characteristic of disability also has two additional forms of discrimination that apply uniquely to it.

5.5.1 Failure to make reasonable adjustments

This type of discrimination happens when an employer does not make reasonable adjustments to remove or minimise disadvantages experienced by people with disabilities (see section 20 EqA 2010).

Examples of failures to make reasonable adjustment are listed below.

Physical adjustments: an employee uses a wheelchair due to their disability. The office where the employee works is on the second floor of a building without a lift. If the employer refuses to move the employee’s workspace to a more accessible location or install a lift, this could constitute a failure to make reasonable adjustments, as the employee’s disability puts them at a disadvantage compared to their non-disabled colleagues who can easily access the workplace.
Adjustments to working hours: an employee who has a chronic medical condition that requires them to attend regular medical appointments. The employer refuses to modify their working hours to allow them to attend these appointments, insisting that they must adhere to the standard office hours like everyone else. This could constitute a failure to make reasonable adjustments, as the rigid working hours put the employee at a substantial disadvantage compared to their non-disabled colleagues who do not need to attend regular medical appointments.
Provision of support tools or assistive technology: an employee with dyslexia struggles to process written information at the same pace as their colleagues. The employer, however, refuses to provide assistive technology (like a screen reader or speech-to-text software) that could support the employee in the role. This could be seen as a failure to make reasonable adjustments.

5.5.2 Discrimination arising from disability

This occurs when a person with a disability is treated unfavourably not because of the disability itself, but because of something connected with it, and this treatment cannot be justified (see section 15 EqA 2010). For example, disciplining an employee with a disability for taking more sick leave than a non-disabled employee might fall under this category.

Examples of discrimination arising from disability are listed below.

Absence related: an employee has multiple sclerosis, a condition which occasionally flares up and requires them to take time off work for treatment and recovery. Despite their disability being the cause of their absences, the employer dismisses them due to their high levels of sick leave, arguing that it is a necessary business decision. This could constitute discrimination arising from disability, as they have been treated unfavourably (dismissed) because of something arising as a consequence of their disability (absences from work). The employer would have to show that this decision was a proportionate means of achieving a legitimate aim, or risk being liable for discrimination.
Performance related: a worker with dyslexia is put on a Performance Improvement Plan because they are slower at completing written tasks than their colleagues. The employer is aware of their disability but cites efficiency as a reason for this decision. This could be discrimination arising from disability, as the slower speed at completing tasks arises as a consequence of their dyslexia. The employer must show that putting the worker on a Performance Improvement Plan was a proportionate means of achieving a legitimate aim, such as improving overall productivity.
Behaviour related: an employee with a mental health condition exhibits mood swings that result from their condition. These mood swings can make them seem unapproachable at times. Their employer disciplines them for their ‘poor attitude’, despite being aware that this behaviour arises from their mental health condition. This could be considered discrimination arising from disability, as the ‘poor attitude’ is something that arises as a consequence of their disability. The employer would have to demonstrate that disciplining them was justified as a proportionate means of achieving a legitimate aim.

5.6 Unfavourable treatment because of pregnancy or maternity

The protected characteristic of pregnancy and maternity also is protected against unfavourable treatment (see section 18 EqA 2010). For example, if an employer decides not to extend the contract of a woman because she is pregnant or on maternity leave, this would be considered unfavourable treatment.

Section 6 – Employer liability

Vicarious liability is a legal principle under which employers can be held responsible for the discriminatory actions of their employees that occur in the course of their employment. This means that if an employee discriminates against another employee, the employer could be taken to an employment tribunal and held liable for this discrimination, even if they were not directly involved in or aware of the discriminatory behaviour (section 109(1) EqA 2010).

6.1 Liability for employees

Under the EqA 2010, employers have a potential defence to discrimination and harassment claims involving vicarious liability if they can show that they took ‘all reasonable steps’ to prevent the discriminatory behaviour (section 109(4) EqA 2010). The rationale for this principle is to encourage employers to actively promote non-discriminatory practices and environments in their workplaces.

6.1.1 Defining ‘reasonable steps’

‘Reasonable steps’ can encompass a variety of actions, but they generally involve proactive measures aimed at preventing discrimination and promoting equality. This could include:

implementing and enforcing anti-discrimination policies;
ensuring that these policies are understood and followed by all employees;
providing regular equality and diversity training;
promptly and effectively dealing with complaints of discrimination; and
taking appropriate disciplinary action against perpetrators of discrimination.

6.1.2 ‘In the course of employment’

Vicarious liability generally applies to discriminatory acts that occur ‘in the course of employment’. This could include events happening in the workplace during working hours, but it could also cover work-related events outside the normal workplace or outside normal working hours, such as work parties, business trips, or even online communication between employees. It is crucial for employers to understand that their responsibility extends to these contexts as well.

6.2 Liability for agents

Under the EqA 2010, employers can be liable for acts of discrimination, harassment or victimisation carried out by people (‘agents’) who are acting on their behalf (section 109(2) EqA 2010). This principle is similar to the principle of ‘vicarious liability’ which applies to acts of employees.

An agent is someone who has been authorised by the employer to do something on their behalf. This could be a contractor, a consultant or a third party who has been given authority to act on the company’s behalf in a particular situation. Essentially, if an agent discriminates against someone while carrying out tasks the employer has authorised them to do, the employer could be held legally responsible for their actions.

It is important to note that employers are not automatically liable for every discriminatory act of their agents. They can only be held responsible if the agent acted within the scope of their authority – that is, if they were doing something the employer had asked them to do. If an agent acts entirely independently and outside the scope of their authority, the employer may not be held liable.

As with vicarious liability for the actions of employees, employers have a potential defence against liability for the actions of their agents if they can show that they took ‘all reasonable steps’ to prevent the discriminatory behaviour. This could include, for example, ensuring that all agents receive appropriate equality and diversity training, making it clear what behaviour is not acceptable, and putting in place a robust procedure for dealing with complaints.

In practice, the principles of vicarious liability and liability for the actions of agents can overlap, and the distinction between an employee and an agent is not always clear-cut. The key takeaway for employers is that they should take proactive steps to prevent discrimination not just by their employees, but also by anyone else who is authorised to act on their behalf.

6.3 Aiding and instructing discrimination

Under the EqA 2010, an individual or organisation can be liable for knowingly aiding another to do an act that contravenes the EqA 2010 (section 112 EqA 2010) . This is often referred to as ‘aiding’ or ‘instructing’ discrimination. This extends to employers who could potentially be held liable if they assist or encourage another person in carrying out an act of discrimination, harassment, or victimisation.

The following should be noted in relation to this form of liability.

6.3.1 Intentional assistance

To be held liable for aiding discrimination, the assistance or encouragement must be deliberate. The person providing the assistance must know that the act they are aiding is discriminatory.

6.3.2. Discriminatory act

The act being aided must be something that contravenes the EqA 2010. This means it must involve discrimination, harassment or victimisation related to a protected characteristic.

6.3.3 Employers and employees

This provision is relevant to employers in two ways. Firstly, an employer could be held liable for aiding an act of discrimination by their employee. Secondly, an individual employee could also be held liable for aiding an act of discrimination by their employer or another employee.

6.3.4 Broad application

The aiding provision applies broadly to all the different types of work covered by the EqA 2010. This means it applies to employees, workers, office holders, partners and those involved in vocational training.

6.3.5 Defence

The ‘aiding’ provision can make an individual liable if they knowingly help someone else to discriminate unlawfully. However, if an employee can show that they were acting on their employer’s instruction and they believed the instruction to be lawful, this could potentially form a defence.

In particular, if an employee can demonstrate that they were acting in accordance with their employer’s instructions and didn’t know, and could not reasonably be expected to know, that carrying out the instruction would result in a contravention of the EqA 2010, then they may be able to avoid personal liability.

It is important to highlight that this defence depends on the employee’s belief about the lawfulness of their actions being reasonable. If, given their knowledge and understanding, the employee should have known that their actions were discriminatory, this defence is unlikely to be successful. It is also worth noting that ignorance of the law is typically not considered a valid defence.

Section 7 – Remedies for discrimination

If a claimant successfully proves a claim of discrimination, harassment or victimisation under the EqA 2010 at an employment tribunal, a range of remedies may be awarded. Some of the main remedies available are set out below.

7.1 Declaration

The tribunal can make a declaration of the rights of the claimant and the respondent. This is a statement that sets out the parties’ rights and obligations. A declaration can help to clarify the legal position, even if no other remedy is awarded.

7.2 Compensation

The tribunal can award compensation to the claimant. This can include damages for injury to feelings, which recognises the upset, humiliation or distress caused by the discrimination. Compensation for injury to feelings is divided into three ‘bands’ (known as the ‘Vento’ bands), which range from lower to middle to top, depending on the severity of the discrimination. These are updated annually each financial year, to reflect the changing value of money.

Vento bands for claims presented after 6 April 2025:

lower band of £1,200 to £12,100 (less serious cases);
middle band of £12,100 to £36,400 (cases that do not merit an award in the upper band);
upper band of £36,400 to £60,700 (the most serious cases), with the most exceptional cases capable of exceeding £60,700.

Additionally, the tribunal can award compensation for financial loss, such as loss of earnings or pension rights. There is no upper limit to the amount of compensation that can be awarded for a claim under the EqA 2010.

7.3 Interest

If compensation is awarded, the tribunal can also award interest on the compensation. For injury to feeling awards the interest is calculated from the date of the discriminatory act, whilst interest on any award for financial loss starts from a date mid way between the date of the act complained of and the tribunal hearing. Interest accumulates until the date of the tribunal hearing. The interest rate is 8% per annum.

7.4 Recommendation

The tribunal can make a recommendation that the respondent take specific steps to reduce the adverse effect of the discrimination on the claimant. For example, this might involve implementing an equal opportunities policy, or providing training for staff. As of October 2015, the tribunal can no longer make wider recommendations that benefit others beyond the claimant, such as all employees in a workplace. However, it is worth noting that the ability to make recommendations is rarely used, as in most cases, the employment relationship has broken down to such an extent that it’s not realistic for the claimant to return to work.