Practice Area
Discrimination & Harassment
Discrimination and harassment at work can be deeply damaging—affecting your confidence, your career prospects, and your wellbeing. If you've experienced unfair treatment because of your race, gender, age, disability, religion, sexual orientation, gender reassignment, pregnancy, or marriage and civil partnership status, you have legal rights under the Equality Act 2010.
Many employees are unaware of what constitutes discrimination, the difference between direct and indirect discrimination, or what they can do to challenge it. Employers, meanwhile, often worry about their exposure and the practical steps needed to create genuinely inclusive workplaces.
I advise employees and employers on all aspects of discrimination and harassment law. For employees, I help you understand your rights, navigate the claims process, and secure fair compensation. For employers, I help you understand your legal duties, implement robust policies, and manage discrimination claims fairly and in compliance with the law.
How I can help
I advise on all forms of discrimination under the Equality Act 2010, including direct, indirect, and associated discrimination
I represent employees claiming compensation for harassment, discrimination, and victimisation related to protected characteristics
I help employers understand their legal duties, implement inclusive policies, and manage discrimination complaints fairly
I specialise in gathering evidence of discrimination—patterns of treatment, comparators, and documentary proof
I advise on compensation for injury to feelings and other losses, which are not subject to statutory caps
I negotiate settlements in discrimination cases, often securing better outcomes than costly, emotionally draining tribunal proceedings
I advise disabled employees on reasonable adjustment rights and help employers understand their positive duties
I recognise that discrimination cases are highly sensitive; I handle them with discretion and support throughout the legal process
Understanding Discrimination and Harassment
The Equality Act 2010 protects employees from discrimination based on nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
There are several types of unlawful discrimination. Direct discrimination occurs when someone is treated less favourably because of a protected characteristic—for example, rejecting a candidate for a promotion because of their gender. Indirect discrimination occurs when a seemingly neutral policy or practice puts people with a protected characteristic at a particular disadvantage—for example, requiring all employees to work full-time when this disproportionately disadvantages women with caring responsibilities.
Harassment is unwanted conduct related to a protected characteristic that violates dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. This can include jokes, comments, exclusion, or aggressive behaviour. Victimisation occurs when an employee is treated badly because they've complained about discrimination or supported someone else's complaint.
The key test is: would a comparator of different protected characteristic status have been treated differently? If yes, and there's no legitimate reason for the difference, discrimination is likely. I help clients gather evidence—emails, witness accounts, performance records, meeting notes—that demonstrates the pattern of treatment and proves the protected characteristic influenced the decision.
The Legal Framework and Tribunal Process
Discrimination claims are brought under the Equality Act 2010 at the employment tribunal. Like unfair dismissal claims, there's a three-month time limit from the date of the discriminatory act. However, discrimination cases are often more complex than unfair dismissal because they require proving a causal link between a protected characteristic and the treatment received.
The burden of proof is important in discrimination cases. The employee must first establish facts from which the tribunal could conclude discrimination has occurred. Then the burden shifts to the employer to explain the difference in treatment without reference to the protected characteristic. If the employer's explanation is inadequate or unconvincing, the tribunal will infer discrimination.
At tribunal, both parties present evidence and arguments. The tribunal will examine: what treatment the employee received, what treatment a comparator (someone without the protected characteristic) received, whether the treatments were materially different, and whether the employer had a legitimate non-discriminatory reason for the different treatment. Discrimination cases often turn on credibility, communication history, and expert evidence (for example, in disability discrimination cases). I prepare clients thoroughly for cross-examination, which can be aggressive in discrimination cases, and I coach employers' witnesses on fair and truthful testimony.
Common Forms of Discrimination
Sex discrimination remains one of the most common forms I encounter. This includes unequal pay, sexual harassment, less favourable treatment in recruitment or promotion, and harassment based on sexual orientation. Pregnancy discrimination is also prevalent—for example, denying promotion to someone who is pregnant or has recently returned from maternity leave.
Race discrimination takes many forms: exclusion from opportunities, negative comments, jokes, or assumptions about capabilities based on ethnicity. Age discrimination is increasingly common, with employers sometimes preferring younger candidates or making assumptions about older workers' capabilities or willingness to adapt to technology.
Disability discrimination is particularly important because employers have positive duties to make reasonable adjustments for disabled employees. Failing to do so may constitute discrimination. For example, not allowing flexible hours for an employee managing a chronic illness, or not providing software that allows an employee with a visual impairment to work effectively.
Religion and belief discrimination can include: prohibiting religious dress or grooming practices, refusing flexible working for religious observance, or creating a hostile environment through insensitive comments. I also see cases involving sexual orientation and gender reassignment discrimination, where employees have experienced exclusion, harassment, or disbelief from colleagues.
My Approach to Discrimination Claims
Discrimination claims are intensely fact-specific. When I take on a discrimination case, I begin by understanding the context: the workplace culture, the client's relationship with their manager, the decision-maker's background, and any pattern of treatment affecting other employees with the same protected characteristic.
I then help the client gather detailed evidence: documentation of the discriminatory event, performance reviews and comparisons with others, email chains, witness statements, and evidence of any complaints made. I also consider whether there's a pattern—for example, if promotions within the department consistently go to people of one gender or ethnicity, this systemic pattern can be powerful evidence of discrimination.
For complainants, I advise realistically on the strength of the claim, the likely compensation, and the emotional toll of a tribunal hearing. Discrimination cases can take years to resolve and require the client to relive difficult experiences in cross-examination. I help clients understand these realities and decide whether settlement negotiation or tribunal is the better path.
For employers, I advise on the strength of their position, whether their explanation for the disputed treatment is credible, and the practical risks of proceeding to trial. I also help employers implement systems to prevent future discrimination: clear recruitment procedures, diverse interview panels, regular unconscious bias training, and robust reporting mechanisms for harassment and victimisation.
Legislation and Employer Duties
The Equality Act 2010 is the primary legislation governing discrimination. It prohibits direct and indirect discrimination, harassment, and victimisation. The Act also imposes positive duties on employers to make reasonable adjustments for disabled employees, and there are specific provisions about pregnancy and maternity discrimination.
Employers also have a public sector equality duty under the Equality Act 2010: they must consider the impact of their policies and decisions on people with protected characteristics and take steps to advance equality.
The Equality and Human Rights Commission has issued guidance and codes of practice that, while not law, influence how tribunals interpret the Equality Act. Case law has also developed important principles: for example, that discrimination can be established by showing a manager's unconscious bias influenced a decision, and that victimisation can occur even if the original complaint was ultimately unfounded.
Employers must be careful to avoid assumptions based on protected characteristics. For example, assuming a woman will leave after having children, or that an older worker won't adapt to new technology, can constitute discrimination. The tribunal will be alert to these stereotyping assumptions.
Compensation and Remedies
If discrimination is proved, the tribunal can award compensation, which is not subject to the statutory caps that apply to unfair dismissal. Compensation reflects actual losses: wages lost through non-recruitment or dismissal, pension loss, and importantly, compensation for injury to feelings—the emotional distress caused by the discrimination.
Compensation for injury to feelings can be substantial, typically ranging from £1,000 to £20,000+ depending on the severity and duration of the discrimination. In serious cases involving persistent harassment or racial abuse, compensation can exceed £30,000. The tribunal also considers whether the employer has paid any interest on accrued losses.
The tribunal can also make a declaration that discrimination has occurred, recommend actions the employer should take to prevent future discrimination, and order the employer to pay an uplift of up to 25% if the employer has failed to follow ACAS guidance or the employer's own procedures in handling the complaint.
In cases of persistent or serious discrimination, and if there's evidence the workplace remains hostile, the tribunal might recommend reinstatement (though this is rare in practice). More commonly, the focus is on financial compensation.
Practical Guidance and Early Action
If you believe you've experienced discrimination, document everything immediately. Record the date, time, what happened, what was said, who was present, and how you felt. Save all relevant emails and correspondence. If it's safe and appropriate to do so, tell your manager that you believe you've been discriminated against, or raise a formal grievance.
Many employers have grievance procedures that require you to raise concerns internally before going to tribunal. Following these procedures strengthens your position, and it gives the employer a chance to investigate and remedy the situation. If the employer fails to take your complaint seriously, this itself can be evidence of victimisation.
Contact ACAS for early conciliation (mandatory before tribunal, as with other employment claims). An ACAS conciliator can often help resolve discrimination concerns without tribunal proceedings. If you do proceed to tribunal, gather witness statements from colleagues who saw the treatment or know of similar treatment of others.
For employers, the key is to act quickly on any complaint of discrimination. Investigate thoroughly, protect the complainant from victimisation, and take corrective action if discrimination is found. Create a culture where discrimination and harassment are not tolerated, train managers on their legal duties, and monitor for any patterns of disadvantage affecting protected groups.
Frequently Asked Questions
What is the difference between direct and indirect discrimination?▾
Direct discrimination occurs when someone is treated less favourably because of a protected characteristic. For example, not promoting someone because of their race or gender. Indirect discrimination occurs when a rule or practice that applies to everyone puts people with a particular protected characteristic at a disadvantage, and the employer cannot justify it. For example, requiring candidates to have worked at a company for five years (which may exclude younger workers, or parents who've taken career breaks), or requiring employees to work full-time (which may disadvantage women with caring responsibilities). Both forms are unlawful, but indirect discrimination can sometimes be justified if the employer has a legitimate business reason.
What counts as harassment at work?▾
Harassment is unwanted conduct related to a protected characteristic that violates dignity or creates a hostile, degrading, or offensive environment. This includes jokes, names, exclusion, aggressive behaviour, unwanted physical contact, and even staring or blocking someone's way. The key is whether it's related to a protected characteristic and whether it's unwanted by the person experiencing it. A single incident can constitute harassment if it's serious enough. What matters is the impact on the person experiencing it, not the intent of the person behaving that way. If you've experienced repeated inappropriate comments about your race, gender, age, or other protected characteristic, this is likely harassment.
What is victimisation?▾
Victimisation occurs when an employee is treated less favourably because they have complained about discrimination or supported someone else's complaint. For example, if you raise a grievance about discriminatory treatment and your employer then denies you promotion, excludes you from meetings, or makes your work life difficult, this could be victimisation. Importantly, victimisation can occur even if the original complaint was ultimately found to be unfounded—what matters is that the employee complained in good faith. If you're considering raising a discrimination complaint but fear retaliation, be aware that victimisation is itself unlawful, and the law protects you.
What is indirect discrimination and how can I prove it?▾
Indirect discrimination occurs when a neutral policy or practice disadvantages people with a protected characteristic. For example, a rule that all staff must work full-time may indirectly discriminate against women (who are more likely to have caring responsibilities) or disabled people (who may need flexibility). To prove indirect discrimination, you must show: there's a provision, criterion, or practice that applies to everyone, it puts people with your protected characteristic at a particular disadvantage compared to others, and the employer cannot justify it as a proportionate means of achieving a legitimate business aim. Evidence that the policy has a disproportionate impact on your group (statistical evidence, for example) is useful.
What compensation can I claim for discrimination?▾
Unlike unfair dismissal, there's no statutory cap on discrimination compensation. Compensation typically includes lost wages (if you were dismissed or lost promotion), pension loss, and importantly, compensation for injury to feelings—the emotional distress caused by discrimination. Compensation for injury to feelings typically ranges from £1,000 to £20,000+ depending on severity and duration. In cases of serious, persistent harassment or racial abuse, compensation can exceed £30,000. I advise clients on realistic compensation ranges based on the specific facts, and I negotiate aggressively to secure the best settlement.
How long do I have to bring a discrimination claim?▾
You must bring a discrimination claim within three months of the discriminatory act. However, discrimination can be ongoing, so the three-month period runs from the date of the last discriminatory act. For example, if you experience repeated harassment over months, the three-month deadline begins from the last incident. If there's a series of discriminatory acts forming a pattern of conduct, the tribunal may treat this as a continuing act extending the time limit. It's still crucial to act quickly and not to delay; seeking legal advice within weeks of recognising discrimination is advisable.
What should I do if I experience discrimination at work?▾
Document everything: dates, times, what was said or done, who was present, and how it affected you. If it's safe to do so, tell your manager or HR that you believe you've experienced discrimination. Check your employee handbook for the grievance procedure and consider raising a formal complaint. Save all relevant emails and communications. Be mindful that your employer may contact you to investigate, so be prepared to explain your concerns clearly. Seek legal advice promptly. Remember that whistleblowing protections apply if your complaint is a protected disclosure about unlawful conduct. Most importantly, know that you have legal rights and protections against victimisation for making a complaint.
What is my employer's duty to make reasonable adjustments if I'm disabled?▾
If you have a disability, your employer must make reasonable adjustments to remove or reduce disadvantages you face at work. Reasonable adjustments might include: flexible working hours, home working, equipment or software (such as screen readers), training, modified duties, or adjusted performance targets. What's reasonable depends on the nature of the disability, the adjustment needed, and the size and resources of the employer. Failing to make reasonable adjustments that are necessary and practicable is discrimination. If you've requested reasonable adjustments and your employer has refused without good reason, you may have a discrimination claim. I advise disabled employees on what adjustments they're entitled to and help them negotiate with their employer.
If you've experienced discrimination, harassment, or victimisation at work, contact me for a confidential consultation. I'll explain your rights, assess your claim, and advise on the best path forward. For employers, I'll help you understand your legal duties and implement systems to prevent discrimination.
Get in touch for a no-obligation initial conversation about your matter.
Other areas of my practice
Unfair Dismissal
Expert advice on challenging wrongful or unfair dismissals and understanding your rights under the Employment Rights Act 1996. I help employees secure fair compensation and employers ensure lawful procedures.
Settlement Agreements
Expert negotiation and advice on settlement agreements to resolve employment disputes confidentially and efficiently. Protect your interests with careful legal review.
Employment Contracts & Policies
Expert drafting and review of employment contracts and workplace policies to protect both employers and employees. Ensure compliance with employment law.
Redundancy & Restructuring
Expert guidance on redundancy procedures and workplace restructuring. Ensure fair, compliant processes and manage claims effectively.
Whistleblowing
Protection for employees who make protected disclosures about unlawful conduct. Expert advice on your rights and how to raise concerns safely.