Could I Be Experiencing Discrimination Under the Equality Act

Discrimination at work is not limited to somebody openly saying they do not like people from a particular group.

It can appear in recruitment, promotion, pay, training, working arrangements, sickness management, disciplinary action, redundancy or dismissal.

The Equality Act 2010 protects people from discrimination because of specified protected characteristics. The important task is to understand whether what happened may fit one of the legal forms of discrimination rather than assuming every unfair workplace decision is an Equality Act issue.

What are the protected characteristics?

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

The exact protections vary depending on the type of discrimination and circumstances.

You do not need to know the correct legal label before asking for advice, but identifying the characteristic you think may be relevant can help explain the problem.

Direct discrimination

Direct discrimination generally concerns being treated less favourably because of a protected characteristic.

An obvious example might be refusing somebody promotion because of their race.

Real situations can be less explicit. The reason for a decision may need to be inferred from what was said, how others were treated and the sequence of events.

Indirect discrimination

Sometimes a workplace rule applies to everybody but places people sharing a protected characteristic at a particular disadvantage.

For example, a requirement about working patterns might disadvantage a particular group.

Indirect discrimination has its own legal tests and an employer can sometimes justify a provision, criterion or practice. It is therefore different from simply showing that a rule was inconvenient.

Disability has additional protections

Disability discrimination has additional concepts, including discrimination arising from disability and the duty to make reasonable adjustments.

A person can sometimes be protected even where the employer’s concern relates to something arising from the disability rather than the disability label itself.

Whether a health condition meets the Equality Act definition is a legal question based on its effect and duration, not simply whether someone has received a diagnosis.

Look for decisions as well as comments

Ask whether the concern involves:

being excluded from training or promotion;

different pay or benefits;

unfavourable treatment around sickness;

disciplinary or performance decisions;

redundancy selection;

working arrangements;

recruitment; or

dismissal.

Discrimination can be embedded in a decision-making process without involving overt abuse.

Build a chronology rather than trying to prove motive yourself

Record the decision, date, people involved and explanation given.

Keep relevant policies, emails, appraisal records and comparison information you legitimately have access to.

If treatment changed after something significant, for example disclosing a disability, pregnancy or raising a discrimination concern, record that sequence too. A legal adviser can assess what inferences, if any, can properly be drawn.

Last reviewed

6 September 2026

Important informationThis guide provides general information only and does not constitute legal, medical or other professional advice. Employment rights depend on individual circumstances and the law can change. If you are concerned about your legal position, check current information and consider advice from Acas, a trade union, an appropriately qualified adviser or an employment-law professional.