"Employment discrimination" and "workplace discrimination" describe the same problem from slightly different angles, unfair treatment at work (or in getting work) because of who someone is. In England and Wales this is governed by the Equality Act 2010. Here is a plain-English guide.
What discrimination means in law
Discrimination is treating someone unfairly because of a protected characteristic (or because of something connected to it). "Employment discrimination" usually emphasises the whole employment relationship (recruitment, pay, promotion, dismissal) while "workplace discrimination" emphasises conduct in the workplace itself (such as harassment by colleagues). Legally, both are covered by the same rules.
The nine protected characteristics
The Equality Act 2010 protects:
age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation.
Discrimination because of any of these (or perception of them, or association with someone who has one) can be unlawful.
The main forms of discrimination
- Direct discrimination, treating someone less favourably because of a protected characteristic (e.g. not promoting a woman because she is pregnant).
- Indirect discrimination, a policy that applies to everyone but puts a protected group at a disadvantage, unless it can be objectively justified.
- Harassment, unwanted conduct related to a protected characteristic that violates someone's dignity or creates an intimidating, hostile or degrading environment (including sexual harassment).
- Victimisation, treating someone badly because they have complained about discrimination or supported someone else's complaint.
- Failure to make reasonable adjustments, for disabled workers.
Note that not all of these forms of claim apply to every protected characteristic. In particular, marriage and civil partnership has narrower protection (for example, harassment and indirect discrimination do not apply to it under the Act), and pregnancy and maternity is subject to a specific statutory regime that does not fit neatly into the standard direct/indirect discrimination framework.
When does it apply?
Discrimination protection covers the whole journey:
- recruitment (job adverts, interviews, selection);
- terms and pay (including equal pay between the sexes);
- promotion, training and opportunities;
- how people are treated day to day (including harassment); and
- dismissal and what happens afterwards (e.g. references).
It even protects job applicants (not just existing staff) and there is no minimum length of service required to bring a claim.
Employers' duties, including preventing harassment
Employers must not discriminate, and must take active steps to prevent it. In particular, employers now have a duty to take reasonable steps to prevent sexual harassment of their workers (a proactive obligation introduced into the Equality Act 2010). Good practice includes clear policies, training, fair procedures and prompt handling of complaints.
Remedies
An employee (or applicant) who is discriminated against can bring a claim in the Employment Tribunal, usually within three months less one day of the act complained of, subject to the Acas early conciliation extension rules (which can pause or extend time). Note that some claims have different time limits; equal pay claims, for example, generally have a six-month limit after employment ends. Compensation for discrimination is uncapped and can include injury to feelings, as well as financial loss.
Key takeaways
- Employment/workplace discrimination is unfair treatment at work because of a protected characteristic, under the Equality Act 2010.
- There are nine protected characteristics and several forms, direct, indirect, harassment, victimisation, and (for disability) failure to make reasonable adjustments.
- Protection covers the whole employment relationship, including applicants, with no qualifying period.
- Employers must prevent discrimination (including a duty to prevent sexual harassment); compensation is uncapped with strict time limits to claim.
Sources
- Equality Act 2010 (protected characteristics; direct/indirect discrimination; harassment; victimisation; reasonable adjustments; equal pay)
- Duty to take reasonable steps to prevent sexual harassment (Equality Act 2010, s 40A) and EHRC guidance
- Employment Tribunal procedure and remedies (uncapped compensation; injury to feelings); Acas early conciliation
--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor.