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The law also protects workers, job applicants, agency staff, apprentices, and trainees from unlawful discrimination.
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Discrimination in the Workplace
Facing discrimination or harassment at work can be deeply distressing and isolating. Whether it’s unfair treatment, bullying, or being passed over for promotion because of who you are, you have rights and legal protections under the Equality Act 2010.
At Warner Goodman LLP, our employment discrimination solicitors can help you understand your options, protect your position, and bring a claim for compensation if your rights have been breached.
What Counts as Discrimination at Work?
Discrimination occurs when someone is treated unfairly or less favourably at work because of a personal characteristic that is protected by law. This can happen during recruitment, promotion, pay reviews, redundancy, or day-to-day work interactions.
Recognising discrimination is often the first step toward taking action. Understanding how and when unfair treatment occurs can help you decide what to do next — and when to seek legal advice.
Who Is Protected by the Law and What Characteristics Are Covered
Protection from discrimination at work covers a broad range of people, making sure that anyone involved in the workplace can benefit from legal safeguards against unfair treatment.
Protection from discrimination at work applies to:
- Employees and workers
- Job applicants
- Contract workers and agency staff
- Apprentices and trainees
These protections ensure that everyone — from applicants to long-serving employees — can work in an environment free from bias or prejudice. The law recognises that fair treatment should apply to every stage of your working life.
It is also unlawful to discriminate against anyone because of the following nine protected characteristics:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
These characteristics are central to ensuring fairness and equality at work. If you believe that any decision or treatment has been influenced by one of these factors, you may have grounds for a discrimination claim.
Examples of Workplace Discrimination
Discrimination can take many forms, including:
- Unequal pay – being paid less than a colleague for the same role because of gender or race.
- Unfair treatment – being passed over for promotion due to pregnancy or age.
- Harassment – unwanted behaviour or comments that create a hostile environment.
- Victimisation – being treated unfairly for making or supporting a discrimination complaint.
- Policies that disadvantage certain groups – e.g., inflexible working hours affecting parents or disabled staff.
No two cases of discrimination are identical, but all share one thing in common: a breach of your right to be treated fairly at work. If any of these examples sound familiar, it’s important to seek professional advice early.
Types of Discrimination and Unlawful Conduct
The Equality Act defines several forms of discrimination:
- Direct discrimination: Treating someone less favourably because of a protected characteristic.
- Indirect discrimination: A policy or practice that puts people with a particular characteristic at a disadvantage.
- Harassment: Unwanted behaviour that violates dignity or creates an intimidating environment.
- Victimisation: Being treated badly because you made or supported a complaint of discrimination.
- Instructing or helping discrimination: Encouraging others to engage in discriminatory behaviour.
Understanding the different types of discrimination helps you identify whether your treatment at work may be unlawful — and which form of protection under the Equality Act applies to you.
Bringing Forward a Discrimination Claim and Possible Compensation
If you believe you’ve been discriminated against at work, you can make a claim to the Employment Tribunal. Claims must usually be made within three months minus one day from the date of the discriminatory act. Before submitting a claim, you must contact ACAS for early conciliation, which can extend the time limit by up to six weeks.
If your claim is successful, the Tribunal can order:
- Compensation for financial loss and emotional distress (“injury to feelings”)
- A declaration confirming that discrimination occurred
- Recommendations for your employer to prevent future discrimination
The value of your claim depends on the circumstances and the impact of the discrimination. Tribunal awards often take into account both emotional harm and financial losses, ensuring that justice reflects the true cost of what you’ve experienced.
How We Can Help You
If you believe you have experienced discrimination at work, our specialist employment law team can provide expert guidance and compassionate support at every stage.
Our services include:
 | Helping you understand your rights under the Equality Act 2010 |
| Assisting you in raising a grievance or negotiating with your employer |
| Advising on and pursuing a settlement or severance package |
| Representing you in Employment Tribunal proceedings |
We have successfully supported employees across all sectors, helping them achieve justice and fair compensation.
Frequently Asked Questions
What is “victimisation” under the Equality Act 2010?
Victimisation happens when an employee is treated unfairly because they made, supported, or helped with a discrimination complaint. This is distinct from the discriminatory act itself and is unlawful.
Are there circumstances when different treatment might be lawful?
Yes, there are a few limited exceptions where different treatment may be lawful, such as:
- Occupational requirements (e.g., roles that require a specific characteristic)
- Positive action to help disadvantaged groups
- National security considerations
- Statutory obligations These exceptions are rare and narrowly applied.
In most cases, employers must be able to prove that any different treatment is objectively justified and proportionate to the role or situation.
What kinds of evidence can strengthen a discrimination claim?
Proving discrimination can be complex. Useful evidence can include:
- Witness statements from colleagues or clients
- Comparative data showing others in similar roles were treated differently
- Written communications, such as emails or messages, that reveal bias
- Records or diaries documenting incidents and patterns of behaviour
Gathering clear and consistent evidence can make a significant difference to your case. Our team can help you identify what evidence will strengthen your position and ensure your claim is as strong as possible.
Can discrimination claims cover emotional or psychological harm?
Yes. Tribunals can award damages for “injury to feelings”, which compensates for the emotional distress caused by discrimination in addition to financial losses.
Why Choose Warner Goodman LLP?
No one should face discrimination, harassment, or unfair treatment in the workplace. Our specialist employment solicitors in Hampshire are here to provide guidance, support, and expertise. We offer a proven track record in handling workplace discrimination claims, with benefits including:
| Over 170 years of combined experience in employment law for employees |
| High success rate in representing employees in discrimination and harassment cases |
| Clear pricing for transparency and peace of mind |
| Clients rate us ‘excellent’ on reviewsolicitors.co.uk, based on over 1,000+ reviews |
| Fully regulated and authorised by the Solicitors Regulation Authority (SRA) |
With Warner Goodman LLP, you can rely on a team that is experienced, approachable, and committed to achieving the best outcome for every client facing workplace discrimination.
Speak to Our Employment Law Experts
If you believe you have been discriminated against or harassed at work, it’s important to get specialist legal advice as soon as possible. Our experienced solicitors can guide you through every step of the process, protect your rights, and work to achieve the best possible outcome for you.
We assist clients across Hampshire and beyond, with offices conveniently located in Southampton, Portsmouth, Fareham, Chandler's Ford, and Waterlooville. You can choose to meet in person or arrange a remote appointment.
Call: 023 8063 9311
Email: enquiries@warnergoodman.co.uk
Alternatively, you can complete our online enquiry form to request a confidential callback.
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