Discrimination at work

The Equality Act 2010 makes it unlawful for an employer to treat you unfairly because of a protected characteristic. There are nine: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The protection applies from day one, to employees, workers and job applicants, and covers recruitment, pay, training, promotion, dismissal and day-to-day treatment. Northern Ireland has its own equality laws with similar protections.

The main types of discrimination

Direct discrimination is treating you less favourably because of a protected characteristic, for example not shortlisting someone because of their age.

Indirect discrimination happens when a rule or practice applies to everyone but puts people with a characteristic at a particular disadvantage, and the employer cannot justify it as a proportionate means of achieving a legitimate aim. A shift pattern that most women with childcare responsibilities cannot work, imposed without real need, is a common example.

Harassment is unwanted conduct related to a characteristic that violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Sexual harassment is covered separately and includes unwanted conduct of a sexual nature.

Victimisation is being treated badly because you have made, supported or given evidence in a discrimination complaint, or your employer suspects you will.

Disability has extra protections: discrimination arising from disability (treatment because of something linked to the disability, such as sickness absence) and failure to make reasonable adjustments. The reasonable adjustments guide covers that duty.

Pregnancy and maternity discrimination covers unfavourable treatment because of pregnancy or maternity leave, with no comparator needed. See the pregnancy rights guide.

What it can look like in public sector jobs

Discrimination in the NHS, schools, councils and the Civil Service most often comes up in:

• recruitment and shortlisting, including questions about health or family plans
• access to training, acting-up opportunities and promotion
• how sickness absence and capability procedures are applied to disabled staff
• requests to change hours after maternity leave
• harassment from colleagues, and from patients, parents or the public
• selection for redundancy in a restructure

Pay is also covered. Equal pay law gives men and women the right to equal pay for equal work, which in public services is linked to job evaluation schemes such as the one behind Agenda for Change bands.

Harassment duties from 30 October 2026

From 30 October 2026, the Employment Rights Act 2025 strengthens employers’ duties on sexual harassment. Employers must take “all reasonable steps” to prevent sexual harassment of their staff, and must not permit harassment of their staff by third parties. For frontline public services, third parties include patients, service users, pupils and parents.

In practice that means your employer should have a policy, training, a way to report incidents and a response when they happen. The violence against NHS staff guide covers abuse from patients more widely.

Positive action and occupational requirements

Some different treatment is lawful. Employers can take positive action, such as targeted training or encouragement to apply, to help groups who are under-represented or disadvantaged. In a tie-break between two equally qualified candidates, they can choose the one from an under-represented group, but they cannot have a general policy of preferring people with a characteristic.

An occupational requirement allows a job to be limited to people with a particular characteristic where that is a proportionate way of meeting a legitimate aim. Examples include some same-sex personal care roles in hospitals and care settings, or roles in a faith school that require a religious commitment. Faith schools have specific rules on religion in teacher appointments, which vary with the type of school.

Age has its own justification route: employers can justify age-based rules if they are proportionate. Pay scales that reward length of service are generally lawful because service-related pay is treated as justified up to a point.

Public sector equality duty

Public bodies also have a general duty under the Equality Act to have due regard to eliminating discrimination, advancing equality of opportunity and fostering good relations. It does not give you a direct claim, but it means your employer should be thinking about equality in its decisions, and you can point to it when raising concerns.

How to challenge discrimination

Write down what happened, when, and who saw it. Keep emails and messages. Then:

1. raise it informally if that feels safe and realistic
2. raise a formal grievance, saying clearly that you believe you have been discriminated against and on what ground
3. use the appeal if the outcome is unsatisfactory

The ACAS Code applies to grievances, and a tribunal can adjust compensation by up to 25% if either side unreasonably ignores it. The grievance guide explains the process.

If it is not resolved, you can bring an employment tribunal claim. You must contact ACAS for early conciliation first. Since 1 October 2026 the time limit for most claims is six months from the act you are complaining about (or the last in a series). Compensation for discrimination is not capped, and can include an award for injury to feelings.

Your union is usually the best first call. The Equality Advisory and Support Service gives free advice on discrimination, and ACAS runs a helpline. The workplace bullying guide covers unfair treatment that is not linked to a protected characteristic.