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Discrimination at work: your rights under the Equality Act 2010 — Articles

The Equality Act 2010 brought together nine separate pieces of discrimination legislation into a single framework. It applies to almost every aspect of employment: recruitment, pay, promotion, training, working conditions, discipline, and dismissal. This article explains what the Act prohibits and what remedies are available. For the practical steps if you are affected, see the workplace discrimination claim guide.

The nine protected characteristics

The Equality Act protects workers against discrimination because of: age; disability; gender reassignment; marriage and civil partnership (in employment only); pregnancy and maternity; race (including colour, nationality, and ethnic or national origin); religion or belief (including non-belief); sex; and sexual orientation. The protection applies whether you share the characteristic yourself (direct discrimination), whether you are associated with someone who does (associative discrimination — e.g. caring for a disabled parent), or whether you are perceived to have it (perceptual discrimination).

Four forms of prohibited conduct

Direct discrimination (s.13): treating someone less favourably because of a protected characteristic. Requires a comparator — actual or hypothetical. Cannot be justified (except for age). Indirect discrimination (s.19): applying a provision, criterion or practice (PCP) that is neutral on its face but puts persons sharing a characteristic at a particular disadvantage. Can be justified if the PCP is a proportionate means of achieving a legitimate aim. Harassment (s.26): unwanted conduct related to a protected characteristic that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. Third-party harassment (by customers or clients) may now be covered following the Worker Protection (Amendment of Equality Act 2010) Act 2023. Victimisation (s.27): treating someone badly because they made or supported a discrimination complaint ("protected act").

Pay equality: the equal pay provisions

Separate equal pay provisions in ss.64–80 of the Equality Act imply an "equality clause" into every employment contract: a term of your contract must be no less favourable than the equivalent term of a comparator of the opposite sex doing equal work (like work, work rated as equivalent, or work of equal value). Equal pay claims can go back six years (in the employment tribunal, two years). Pay secrecy clauses are void where they prevent employees from discussing pay to establish whether there is a pay disparity. The gender pay gap reporting obligation for employers with 250+ employees is a separate transparency duty.

Disability: the reasonable adjustments duty

Employers have a positive duty to make reasonable adjustments for disabled workers — changing the way things are done, changing a physical feature, or providing auxiliary aids. Failure to make a reasonable adjustment is a standalone form of discrimination. What is "reasonable" depends on the size and resources of the employer, the effectiveness of the adjustment, and the disruption it causes. Small adjustments (flexible start times, remote working for certain tasks, screen-reading software) are almost always reasonable. See the EHRC Employment Statutory Code of Practice for detailed guidance.

Compensation is uncapped

Unlike unfair dismissal, there is no cap on compensation for discrimination claims. Awards include: injury to feelings (£1,200 to £58,700 for 2026/27 under the Vento guidelines); financial loss; personal injury for psychiatric harm; and aggravated damages. The Employment Tribunal can also make a declaration and a recommendation. For the claim process, see the discrimination at work claim guide and the unfair dismissal guide.

This article is for general information only and is not legal advice. Always check the official source and consult a qualified lawyer for your situation.

The nine protected characteristics

Four forms of prohibited conduct

Pay equality: the equal pay provisions

Disability: the reasonable adjustments duty

Compensation is uncapped

Questions about this article