Discrimination at Work Claims: Expert Employment Solicitors in London
Treated unfairly at work because of who you are? Our London employment solicitors advise on discrimination at work claims under the Equality Act 2010 — from grievance to Employment Tribunal.
A discrimination at work claim is a complaint to the Employment Tribunal that you were treated unfairly because of a protected characteristic, such as your age, disability, race, religion, sex, sexual orientation, pregnancy or maternity. Workplace discrimination is unlawful under the Equality Act 2010, and it covers far more than offensive comments — a recruitment rule, a pay decision, a promotion process or a company policy can all be discriminatory.
Adam Bernard Solicitors’ employment lawyers in High Holborn and Upton Park advise employees, workers and job applicants across London on discrimination claims, from raising a grievance through Acas early conciliation to a full Employment Tribunal hearing.
Important change: for discrimination that happened on or after 1 October 2026, you now have six months (not three) to start your claim. See the time limits section below.
Call 0207 100 2525 (24/7) or book a video consultation via Zoom, Teams, WhatsApp or Skype.
What counts as discrimination at work under UK employment law?
Discrimination at work happens when an employer, colleague or recruiter treats you less favourably, or puts you at a disadvantage, because of one of the nine protected characteristics set out in the Equality Act 2010.
The protection applies to employees, workers, apprentices, contract workers and job applicants — and in some cases to former employees (for example, a discriminatory reference). It can arise at any stage of employment:
- Recruitment, job adverts and interviews
- Pay, bonuses and terms and conditions
- Training, promotion and transfers
- Disciplinary and grievance processes
- Redundancy selection and dismissal
The nine protected characteristics
Under section 4 of the Equality Act 2010, it is unlawful to discriminate because of any of these nine protected characteristics:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race (including colour, nationality and ethnic or national origin)
- Religion or belief (including lack of belief)
- Sex
- Sexual orientation
You are also protected if you are treated badly because someone thinks you have a characteristic (perception), or because you are associated with someone who has one — for example, a parent caring for a disabled child. GOV.UK summarises these rights at Discrimination: your rights.
Types of workplace discrimination
The Equality Act 2010 recognises six main forms of unlawful conduct at work: direct discrimination, indirect discrimination, harassment, victimisation, discrimination arising from disability, and failure to make reasonable adjustments.
| Type | What it means | Workplace example |
|---|---|---|
| Direct discrimination (s.13) | Treated less favourably than someone else because of a protected characteristic | Overlooked for promotion because of your age |
| Indirect discrimination (s.19) | A rule or practice that applies to everyone but disadvantages a group sharing a characteristic, and isn’t justified | A rigid full-time-only policy that disadvantages women with childcare responsibilities |
| Harassment (s.26) | Unwanted conduct related to a characteristic that violates your dignity or creates a hostile environment | Repeated “jokes” about your religion |
| Victimisation (s.27) | Being punished for complaining about discrimination or supporting someone else’s complaint | Being excluded from projects after raising a grievance |
| Discrimination arising from disability (s.15) | Unfavourable treatment because of something connected to your disability | Disciplined for sickness absence caused by your condition |
| Failure to make reasonable adjustments (s.20–21) | Employer fails to remove a disadvantage faced by a disabled person | Refusing a modified workstation or adjusted hours |
Comparators: in a direct discrimination claim, you usually compare your treatment with someone who doesn’t share your characteristic (a real or hypothetical comparator). Our solicitors help identify the right comparator — it is often where claims are won or lost.
Victimisation under the Equality Act is different from detriment for whistleblowing. If you were punished for reporting wrongdoing (rather than discrimination), see our whistleblowing claims page. For disability-specific guidance, read our article on disability discrimination at work.
How to make a discrimination at work claim: step by step
To bring a discrimination claim, you must normally notify Acas for early conciliation first, then file your claim (form ET1) with the Employment Tribunal within the time limit.
- Write everything down. Dates, what was said or done, who was present, emails, messages, and any comparator’s treatment.
- Raise a formal grievance. Following the Acas Code of Practice on disciplinary and grievance procedures protects your position — a tribunal can adjust compensation by up to 25% if either side unreasonably fails to follow it.
- Notify Acas (early conciliation). This is mandatory before most claims. Starting Acas early conciliation pauses the time limit while Acas tries to broker a settlement. We can handle this through our Acas assistance service.
- Negotiate or settle. Many discrimination claims resolve through a settlement agreement — we advise on whether the offer reflects the true value of your claim.
- File your ET1 claim. If conciliation fails, you’ll receive an early conciliation certificate number needed to make a claim to an employment tribunal.
- Tribunal process. Case management, disclosure of documents, witness statements, and a final hearing. GOV.UK’s guide Making a claim to an employment tribunal (T420) explains each stage.
Burden of proof: once you show facts from which a tribunal could conclude discrimination occurred, the burden shifts to your employer to prove it did not (section 136, Equality Act 2010).
Time limits for discrimination claims: the new six-month rule
From 1 October 2026, you have six months from the act of discrimination to bring an Employment Tribunal claim, doubling the previous three-month limit — but only where the act (or the last act in a continuing series) happened on or after 1 October 2026.
This change comes from the Employment Rights Act 2025, brought into force by the Employment Rights Act 2025 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2026.
| When did the discrimination happen? | Time limit |
|---|---|
| Before 1 October 2026 | 3 months less one day (old rule) |
| On or after 1 October 2026 | 6 months less one day (new rule) |
| A continuing course of conduct | Runs from the end of that period |
- Early conciliation pauses the clock. The days spent in Acas conciliation do not count towards the limit.
- Continuing acts. If discrimination is part of an ongoing pattern, time usually runs from the last incident — which may bring earlier events within the new six-month window.
- Late claims. A tribunal can accept a late claim if it is “just and equitable” (section 123, Equality Act 2010), but this is discretionary — never rely on it.
Worked example: if you were last discriminated against on 10 October 2026, you must start Acas early conciliation before 9 April 2027.
How much compensation can you get for discrimination at work?
There is no upper limit on compensation in a discrimination claim. Awards typically include financial losses plus an award for injury to feelings, which is set using the Vento bands — currently £1,300 to £62,900 or more for claims presented on or after 6 April 2026.
Injury to feelings — current Vento bands (source: Presidential Guidance, April 2026 addendum)
| Band | Typical case | Award range |
|---|---|---|
| Lower | One-off or isolated incident | £1,300 – £12,600 |
| Middle | Serious cases not meriting the top band | £12,600 – £37,700 |
| Upper | Most serious cases, e.g. a lengthy campaign of harassment | £37,700 – £62,900 |
| Exceptional | The most exceptional cases only | Above £62,900 |
The bands take their name from Vento v Chief Constable of West Yorkshire Police (2003), where the Court of Appeal set the framework. They are updated each April.
Other heads of compensation:
- Financial loss — lost earnings, pension and benefits, both past and future (uncapped, unlike unfair dismissal)
- Aggravated damages — where the employer’s conduct was high-handed or malicious
- Personal injury — for diagnosed psychiatric harm caused by the discrimination
- Interest on the award
- Acas Code uplift of up to 25%
- Recommendations — the tribunal can recommend steps the employer should take
If you were also dismissed, you may have a parallel unfair dismissal claim. Dismissal because of pregnancy or maternity can also be an automatic unfair dismissal, which needs no qualifying service.
Evidence that strengthens a workplace discrimination claim
The strongest discrimination claims are supported by contemporaneous evidence — written records made at the time — showing how you were treated and how others without your characteristic were treated.
- Emails, Teams/WhatsApp messages and meeting notes
- Your own diary of incidents with dates
- Grievance letters and the employer’s responses
- Performance reviews before and after the treatment began
- Pay slips and pay comparisons
- Names of witnesses
- Medical or GP notes if your health has been affected
You can also send your employer written questions about the treatment — our solicitors draft these so the answers can be used as evidence.
Why choose Adam Bernard for your discrimination at work claim?
- SRA-regulated employment solicitors listed on the Law Society’s Find a Solicitor directory
- Two London offices — High Holborn (Central London) and Upton Park (East London) — plus video consultations
- Experience on both sides: because we also advise employers on discrimination, we know how employers defend these claims
- Full claim support: grievance letters, Acas early conciliation, settlement negotiation and tribunal representation
- Confidential, sensitive handling of difficult experiences
- Competitive fees with structured payment plans tailored to your circumstances
- 15+ years’ experience and 15,000+ clients served
Speak to our discrimination solicitors today: call 0207 100 2525 (24/7) or book a consultation.
This page is for general information only and does not constitute legal advice. Contact our solicitors for advice on your circumstances.
Frequently Asked Questions
How long do I have to make a discrimination claim at work?
Can I make a discrimination claim if I'm still employed?
Do I need two years' service to claim discrimination?
What is the average payout for discrimination at work in the UK?
What is the difference between direct and indirect discrimination?
Is harassment the same as discrimination?
Do I have to go through Acas before making a claim?
What happens if I lose a discrimination claim?
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