Discrimination Claims Guide

Workplace discrimination is unlawful under the Equality Act 2010. If you have been treated less favourably, harassed, or put at a disadvantage because of a protected characteristic, you can bring a discrimination claim to the employment tribunal. There is no service requirement, no cap on compensation, and awards include compensation for injury to feelings. This guide explains the nine protected characteristics, the types of discrimination, the burden of proof under section 136, and how to calculate your compensation.

Last updated: 14 February 2026
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Quick Reference

Time Limit
3 months less 1 day from discriminatory act
Service Requirement
None
Compensation
No cap (includes injury to feelings: £1,200-£60,700)
Legislation
Equality Act 2010

What You Need to Prove

Essential
Protected characteristic
You have (or are perceived to have, or are associated with someone who has) one of the nine protected characteristics under the Equality Act 2010: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation.
Essential
Less favourable treatment or disadvantage
You were treated less favourably than someone without your protected characteristic (direct discrimination), or a policy or practice put you at a particular disadvantage compared to others (indirect discrimination).
Essential
Connection to protected characteristic
The less favourable treatment or disadvantage was because of (or related to) your protected characteristic. Under section 136 EqA 2010, once you establish facts from which discrimination could be inferred, the burden shifts to the employer to prove a non-discriminatory explanation.
Important
Comparator (for direct discrimination)
You can point to a real comparator (an actual person without your protected characteristic who was treated better in similar circumstances) or a hypothetical comparator (how someone without your characteristic would have been treated). The comparator must be in circumstances that are the same or not materially different.
Helpful
Evidence of pattern
Multiple instances of discriminatory behaviour, or evidence of a wider pattern or policy of discrimination, strengthen your claim by showing the treatment was not an isolated mistake. Evidence from other employees with the same protected characteristic can also support your case.

Types of Discrimination

The Equality Act 2010 protects you from four types of discrimination:

  • Direct discrimination: Treating someone less favourably because of a protected characteristic (e.g., refusing to promote a woman because of her sex, or dismissing someone because of their age).
  • Indirect discrimination: Applying a neutral rule or policy that puts people with a protected characteristic at a particular disadvantage, unless the employer can objectively justify it (e.g., requiring all staff to work on Sundays may indirectly discriminate against certain religions).
  • Harassment: Unwanted conduct related to a protected characteristic that violates your dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment (e.g., racist jokes, sexual comments, or mocking someone's disability).
  • Victimisation: Treating someone badly because they made or supported a discrimination complaint (e.g., refusing to give a reference after an employee raised a discrimination grievance).

The nine protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Burden of Proof

Section 136 of the Equality Act 2010 shifts the burden of proof in discrimination claims. First, you (the claimant) must prove facts from which the tribunal could reasonably conclude that discrimination has occurred. This is called establishing a prima facie case. You do not need to prove discrimination at this stage, only that discrimination is one possible explanation for the treatment you received. If you establish a prima facie case, the burden shifts to your employer to prove that they did not discriminate, or that the treatment was not because of your protected characteristic. Your employer must provide a non-discriminatory explanation for their actions. The tribunal will consider all the evidence and decide on the balance of probabilities whether discrimination occurred. This burden shift recognises that evidence of discrimination is often in the employer's hands, and makes it easier for claimants to bring successful claims.

How to Make Your Claim

1

Contact ACAS

Before submitting your ET1 claim form, you must contact ACAS for Early Conciliation. ACAS will attempt to help you and your employer reach a settlement without going to tribunal. You can start Early Conciliation online at the ACAS website or by calling 0300 123 1122. ACAS will send you an Early Conciliation certificate, which you need to submit your claim. Early Conciliation also pauses the 3-month time limit, giving you more time to prepare. For discrimination claims, the time limit is 3 months less 1 day from the act of discrimination (or the last act in a series of continuing acts).

2

Gather your evidence

Collect all documents that support your claim: emails, messages, or letters showing discriminatory comments or treatment; records of meetings or disciplinary actions; evidence of how comparators (people without your protected characteristic) were treated differently; witness statements from colleagues who observed the discrimination; and any equality policies or training your employer should have followed. Keep a detailed diary of incidents, noting dates, times, witnesses, and what was said or done. Strong evidence is essential to establish a prima facie case of discrimination.

3

Generate your Particulars of Claim

Your Particulars of Claim is a detailed written statement setting out the facts of the discrimination, the type of discrimination (direct, indirect, harassment, or victimisation), your protected characteristic, and the remedy you seek (compensation for financial loss and injury to feelings, a declaration, or a recommendation). Use our tool to generate professional Particulars that cite the Equality Act 2010, reference section 136 (burden of proof), and apply the Vento bands for injury to feelings. This document will be attached to your ET1 form and sent to the tribunal and your employer.

4

Submit your ET1 form

Complete and submit your ET1 claim form online via the gov.uk employment tribunal portal. You will need your ACAS Early Conciliation certificate number. Attach your Particulars of Claim and any key supporting documents. Ensure you submit within 3 months less 1 day of the discriminatory act, or within the extended deadline if you have been through Early Conciliation. For a continuing act of discrimination, the time limit runs from the last act in the series. The tribunal will send a copy of your claim to your employer, who has 28 days to respond with an ET3 form.

5

Prepare for the hearing

Once your employer responds, the tribunal will issue case management orders and set a hearing date. Prepare by organising your evidence into a bundle, preparing witness statements, and rehearsing your testimony. Be ready to explain why you believe the treatment was because of your protected characteristic, and respond to your employer's alternative explanation. At the final hearing, the tribunal will consider whether you have proven facts from which discrimination could be inferred (s.136), and whether the employer has provided a non-discriminatory explanation. The tribunal will then decide whether discrimination occurred and award compensation and/or make recommendations.

Tips for a Stronger Claim

  • Keep a detailed diary: Record every incident of discrimination as it happens, noting the date, time, who was involved, what was said or done, and any witnesses. Contemporaneous notes are powerful evidence.
  • Identify comparators: Look for examples of how people without your protected characteristic were treated in similar circumstances. Real comparators strengthen your case, but hypothetical comparators are also valid if no real comparator exists.
  • Check for continuing acts: If you have been subjected to a series of discriminatory incidents over time, they may constitute a continuing act, allowing you to include earlier incidents that would otherwise be out of time.
  • Consider injury to feelings: Discrimination claims can include compensation for injury to feelings under the Vento bands (lower: £1,200-£12,100, middle: £12,100-£36,400, upper: £36,400-£60,700 from 6 April 2025). Keep evidence of the emotional impact, such as GP or counselling records.
  • Understand the burden of proof: Under section 136 EqA 2010, once you establish facts from which discrimination could be inferred, the burden shifts to your employer to prove they did not discriminate. Focus on building a prima facie case.
  • Act quickly: The time limit is strict: 3 months less 1 day from the act of discrimination. If you are unsure whether your claim is in time, contact ACAS immediately to preserve your right to claim.

Related Guides

Unfair Dismissal Guide

Learn about unfair dismissal claims under the Employment Rights Act 1996, including the 2-year service requirement and fair reasons for dismissal.

Constructive Dismissal Guide

Understand when you can resign and claim constructive dismissal due to your employer's fundamental breach of contract, including discriminatory treatment.

Whistleblowing Guide

Comprehensive guide to whistleblowing claims for detriment or dismissal after making a protected disclosure about wrongdoing.

Employment Tribunal Time Limits

Critical deadlines for making a claim, including the 3-month limit for discrimination and how ACAS Early Conciliation extends your deadline.

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Frequently Asked Questions

What is discrimination in employment?
Discrimination in employment occurs when you are treated less favourably, or put at a disadvantage, because of a protected characteristic under the Equality Act 2010. The Act protects nine characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Discrimination can be direct (treating someone worse because of their characteristic), indirect (applying a rule that disadvantages people with a protected characteristic), harassment (unwanted conduct related to a protected characteristic), or victimisation (treating someone badly because they made or supported a discrimination complaint).
What are the types of discrimination?
The Equality Act 2010 recognises four main types of discrimination: (1) Direct discrimination: treating someone less favourably because of a protected characteristic (e.g., refusing to hire someone because of their race or sex). (2) Indirect discrimination: applying a provision, criterion, or practice that puts people with a protected characteristic at a disadvantage, unless it can be objectively justified (e.g., a policy requiring all staff to work Saturdays may indirectly discriminate against certain religions). (3) Harassment: unwanted conduct related to a protected characteristic that violates someone's dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. (4) Victimisation: treating someone badly because they made or supported a discrimination complaint.
How does the burden of proof work?
Under section 136 of the Equality Act 2010, the burden of proof in discrimination claims is shifted. First, you (the claimant) must prove facts from which the tribunal could reasonably conclude that discrimination has occurred. This is known as establishing a prima facie case. If you do this, the burden shifts to your employer (the respondent) to prove that they did not discriminate against you, or that the treatment was not because of your protected characteristic. This means your employer must provide a non-discriminatory explanation for their actions. The tribunal will consider all the evidence and decide on the balance of probabilities whether discrimination occurred.
What are the Vento bands for injury to feelings?
The Vento bands are guidelines used by employment tribunals to calculate compensation for injury to feelings in discrimination cases, named after the case Vento v Chief Constable of West Yorkshire [2002]. From 6 April 2025, the bands are: Lower band (£1,200 to £12,100) for less serious isolated incidents; Middle band (£12,100 to £36,400) for serious cases that do not merit an award in the upper band; Upper band (£36,400 to £60,700) for the most serious cases, such as lengthy campaigns of harassment. In exceptional cases, awards can exceed the upper band. These bands are updated annually in line with inflation. Awards for injury to feelings are in addition to compensation for financial losses such as lost wages.
What is a continuing act of discrimination?
A continuing act of discrimination is an ongoing state of affairs or a series of linked discriminatory acts that together constitute discrimination. If you can prove a continuing act, the time limit runs from the end of the continuing act, not from the first incident. For example, if you were subjected to repeated racist comments or ongoing failure to make reasonable adjustments for a disability over several months, this may be treated as a continuing act. However, if the incidents are isolated or not sufficiently linked, each act will have its own time limit, and you may be out of time for the earlier incidents. The question is whether the acts form part of a continuing policy or practice, or are merely one-off events.
Do I need 2 years service to claim discrimination?
No. Discrimination claims under the Equality Act 2010 do not have a service requirement. You can bring a claim for discrimination from day one of your employment, or even before your employment starts (for example, during the recruitment process). This is one of the key differences between discrimination claims and unfair dismissal claims, which generally require 2 years of continuous service. Discrimination law protects all employees, workers, job applicants, and in some cases, contractors and self-employed individuals. The absence of a service requirement reflects the fundamental importance of equality rights in the workplace.
Can I claim discrimination if I haven't been dismissed?
Yes. You can bring a discrimination claim even if you have not been dismissed. Discrimination can occur at any stage of the employment relationship, including recruitment, during employment, or on termination. Examples include being denied a promotion because of your sex, being subjected to racial harassment by colleagues, being refused flexible working because of your disability, or receiving a lower bonus because of your age. You can also claim discrimination if you resign due to discriminatory treatment (constructive dismissal). If the discrimination is ongoing, the time limit may not start running until the discriminatory conduct stops, provided the acts form a continuing act.