Workplace Discrimination UK: Equality Act 2010 Rights

Overview

The Equality Act 2010 is the main piece of UK legislation dealing with discrimination, harassment and victimisation at work and in wider public life. It replaced a patchwork of earlier laws, including the Sex Discrimination Act, the Race Relations Act and the Disability Discrimination Act, and brought them under one umbrella with consistent definitions.

In the employment context, it covers job applicants, employees, workers, agency staff, apprentices and in many cases contractors and partners. Protection runs from the recruitment stage through to the end of employment and beyond, including references given after someone has left.

The Act identifies nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. It then defines the behaviours that are unlawful when linked to one of those characteristics, such as direct discrimination, indirect discrimination, harassment, and victimisation.

Employers also have a positive duty to make reasonable adjustments for disabled workers. Claims are generally brought in the Employment Tribunal, with strict time limits that can catch people out.

Key steps

1. Write down what happened. As soon as you suspect something is wrong, start a private record. Note dates, times, who was present, what was said, and how you felt able to respond. Keep copies of emails, messages and any written decisions. Memories fade quickly, and a contemporaneous note is far more persuasive later than something written months after the event.
2. Identify the protected characteristic and the type of treatment. Try to link the treatment to one of the nine protected characteristics and work out which form it takes: direct, indirect, harassment, victimisation, or a failure to make reasonable adjustments. The same incident can fall into more than one category. Being clear about this helps you frame a complaint properly and understand what an employer should have done differently.
3. Raise it internally, usually through a grievance. Most workplaces have a grievance procedure in their staff handbook or contract. Putting your concerns in writing gives the employer a formal chance to investigate and respond. Even if you have little faith in the process, tribunals expect you to have raised matters internally where possible, and the written trail can become important evidence later.
4. Consider Acas early conciliation. Before you can bring most Employment Tribunal claims, you have to notify Acas and go through a free early conciliation process. This can sometimes resolve the issue without a hearing. It also pauses the tribunal time limit, which for discrimination claims is generally three months less one day from the act complained of.
5. Take stock of your options. Depending on how things develop, you may be looking at a negotiated exit, a formal tribunal claim, a settlement agreement, or simply a workplace resolution. Each path has different risks, costs and timescales. Getting a clear view of the strengths and weaknesses of your situation early on tends to lead to better decisions than reacting in the heat of the moment.