Discrimination

What is discrimination?

Workplace discrimination can take many forms. Under the Equality Act 2010, it is unlawful for an employer to discriminate against an employee or worker because of a protected characteristic.

The law protects you from discrimination based on the following protected characteristics:

• Age
• Disability
• Gender reassignment
• Marriage or civil partnership
• Pregnancy or maternity leave
• Race
• Religion
• Sex, or sexual orientation

Discrimination can be direct or indirect. Direct discrimination is where an employee or worker is treated less favourably than others. Indirect discrimination is where workplace arrangements unjustifiably disadvantage an individual with a protected characteristic.

Employers may also have a duty to make reasonable adjustments for disabled applicants and employees; failing to do so may amount to discrimination. For example, employers should ensure that job application arrangements and workplace facilities are accessible.

Workplace discrimination applies to a range of employment scenarios, such as recruitment, training, promotions, day-to-day behaviour, and dismissal.

How do you make a claim?

Unlike unfair dismissal, there is no minimum length of employment service required in order to make a claim for discrimination in the Employment Tribunal. You must usually submit a claim within three months of the discriminatory act.

To make a claim for workplace discrimination, you must first contact the statutory dispute resolution body, the Advisory, Conciliation and Arbitration Service (ACAS). ACAS will contact your employer to explore alternative resolution options. If no resolution is reached through the ACAS process, submit a claim to the Employment Tribunal.

You may receive a compensation award if your claim succeeds. The amount awarded depends on how serious the discrimination was and how it affected you. Compensation may include damages for financial loss, hurt or distress (also known as “injury to feelings”), and aggravated damages for exceptionally poor conduct by the employer.

How We Can Help

Early advice can make a significant difference to the outcome of your case. If you are considering or involved in a claim for discrimination, we can provide full or specific services depending on your needs, including:

• Strategic Advice: we can advise you on the strength of your potential claim, as well as on procedural matters.
• Settlement Negotiations: we can help you to try and settle the matter by drafting a settlement offer letter to your employer.
• Claim Support: we can help you to submit a claim to the Employment Tribunal. We can also draft claim documents, such as your Employment Tribunal Particulars of Claim (ET1) and witness statements.
• Tribunal Representation: we can represent you at Employment Tribunal and Employment Appeal Tribunal hearings.
• Post-Hearing Support: if your claim is successful, we can assist with remedy hearings in which the level of financial compensation payable is decided. If your claim is unsuccessful, we can assist with appealing to the Employment Appeal Tribunal on a point of law, if appropriate.

Why Instruct Demstone Chambers

• Specialist barristers with extensive experience in employment law
• Direct access – no solicitor needed
• Flexible appointments, including evenings and weekends
• Virtual meetings where needed
• Clear and realistic advice on likely outcomes
• Cost-effective and tailored support

We work on direct access. This means you can instruct our barristers directly without going through a solicitor. This can save time and reduce costs, while still giving you access to specialist support. Find out more about our direct access offering here.

We act for clients across London, Birmingham, Milton Keynes, Northampton, Bedford, Luton, and throughout the UK.

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