Discrimination
At Thrive Law, we understand that discrimination in the workplace can be stressful, damaging, and complex. Discrimination can take many forms, and employees or workers with protected characteristics may experience unfair treatment, bullying, or harassment at work.
Understanding your rights and having the right legal support can make all the difference. Whether you are an employee seeking justice or an employer looking to navigate allegations responsibly, our experienced solicitors are here to guide you every step of the way.
What Is Workplace Discrimination?
Workplace discrimination occurs when an employee is treated unfairly or less favourably because of a protected characteristic. Discrimination can be direct, indirect, or take the form of harassment or victimisation.
Protected characteristics under UK law include:
- Age
- Disability
- Gender reassignment
- Race
- Religion or belief
- Sex
- Sexual orientation
- Marriage and civil partnership
- Pregnancy and maternity
It’s important to note that unfair or unkind treatment only amounts to discrimination if it relates to one of these protected characteristics.
Contact Us
How We Support Employers
If your business is facing a discrimination claim, we provide expert guidance at every stage:
- Proactive support: Manage allegations early, address grievances fairly, and work towards appropriate outcomes.
- Employment Tribunal representation: Defend your organisation through formal legal proceedings if needed.
- Strategic ED&I and coaching services: Reduce workplace discrimination risks by fostering an inclusive and compliant environment.
- Training and workshops: We offer tailored training sessions for managers and staff on equality, diversity, and inclusion (ED&I), as well as discrimination awareness and prevention. These sessions help teams understand their responsibilities under employment law and promote a respectful, inclusive workplace culture.
Our approach ensures employers can handle sensitive issues confidently while protecting their workforce and reputation.
How We Support Employees
If you believe you’ve experienced workplace discrimination, bullying, or harassment because of a protected characteristic, we can help.
Contact us at enquiries@thrivelaw.co.uk to arrange a free initial consultation. During this meeting, one of our solicitors will:
- Review your situation carefully
- Explain your legal rights
- Advise on the best steps to protect your interests
We are committed to supporting employees in achieving fair outcomes and protecting their dignity at work.
Direct Discrimination
Direct discrimination occurs when someone is treated less favourably because of a protected characteristic.
Example: Being rejected for a job due to religious beliefs or sexual orientation.
Indirect Discrimination
Indirect discrimination happens when workplace rules or practices apply to everyone but unfairly disadvantage people with a protected characteristic.
Example: Requiring all staff to work full-time could disadvantage women who may have childcare commitments. Such practices must be justified to avoid being discriminatory.
Harassment
Harassment is unwanted behaviour linked to a protected characteristic that violates an employee’s dignity or creates an intimidating, hostile, or offensive work environment.
Includes: Sexual harassment, which involves unwanted conduct of a sexual nature with the purpose or effect of creating a degrading or offensive environment.
Victimisation
Victimisation occurs when an individual is treated unfairly for making a complaint about discrimination or harassment.
Failure to Make Reasonable Adjustments (Disability Discrimination)
Under the Equality Act 2010, employers are legally required to make reasonable adjustments for employees with disabilities. Failure to do so can amount to disability discrimination.
Example: Not providing accessible equipment, flexible working hours, or modifications to the workplace that would allow a disabled employee to perform their role effectively.
Employers are expected to anticipate and remove barriers that may disadvantage disabled employees. If an adjustment is reasonable and practical, failing to implement it can lead to a legal claim.
We provide dedicated advice and representation for discrimination claims relating to:
- Age Discrimination
- Disability Discrimination
- Gender Reassignment Discrimination
- Race Discrimination
- Religion & Belief Discrimination
- Sex Discrimination
- Sexual Orientation Discrimination
- Marriage or Civil Partnership Discrimination
- Pregnancy & Maternity Discrimination
- Bullying & Harassment
FAQs
Under the Equality Act 2010, discrimination can take several different forms. Direct discrimination is treating someone less favourably because of a protected characteristic (for example, not promoting someone because they are pregnant). Indirect discrimination is where a seemingly neutral rule or practice puts people with a protected characteristic at a particular disadvantage (for example, requiring all staff to work on Sundays, which may disadvantage those who observe religious rest days).
There is also harassment (unwanted conduct related to a protected characteristic that violates dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment), victimisation (treating someone badly because they raised a discrimination complaint or supported someone else who did), and discrimination arising from disability (treating someone unfavourably because of something arising from their disability). Understanding which type applies in a given situation matters because the legal tests differ. Our discrimination page covers this in more detail.
Start by documenting what happened as soon as possible. Write down dates, what was said or done, who was present, and how it affected you. Evidence recorded close to the time is significantly more useful than accounts written from memory weeks later.
Consider whether to raise a formal grievance with your employer; this isn’t always the right first step, and sometimes an informal conversation can resolve things more quickly. However, raising the issue internally does create a paper trail, and a Tribunal will often expect to see that the employee gave the employer an opportunity to address the problem before proceeding to a claim. The time limits for bringing a discrimination claim are strict (at the time of writing, three months less one day from the act complained of, subject to ACAS Early Conciliation), so don’t leave it too long before getting advice. Our team can advise you on your options.
The Equality Act 2010 protects people from discrimination based on nine characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
Each characteristic carries slightly different protections under the Act. Disability includes the specific duty on employers to make reasonable adjustments. Pregnancy and maternity protections apply from the moment pregnancy begins and continue through maternity leave. Our blog on discriminatory behaviour has more detail on how these work in practice.
Yes, and in most cases this is worth considering carefully before assuming you need to leave. Many discrimination claims are brought by employees who are still employed. Resigning isn’t a prerequisite, and in many situations it’s better to remain in employment while pursuing a grievance or Tribunal claim, not least because resignation can complicate or limit what you’re able to claim for.
There are situations where someone feels they have no choice but to resign because the working environment has become intolerable. If that’s the case, the resignation itself may form the basis of a constructive dismissal claim alongside the discrimination claim. But the decision to resign should always be taken with advice, not in the heat of the moment.
Discrimination claims are often built from a pattern of evidence rather than a single document. Relevant evidence includes emails, messages and meeting records; notes made at the time of incidents; any written complaints or grievances you raised and the responses; comparators (colleagues in a similar position who were treated differently); and witness accounts from colleagues who observed the behaviour.
One important thing to know is that in discrimination cases, once you’ve established facts from which discrimination could be inferred, the burden shifts to the employer to show that the treatment was not because of the protected characteristic. You don’t have to prove discrimination beyond a reasonable doubt. That said, the stronger and more contemporaneous your evidence, the better your position. If you’re currently going through a process that feels discriminatory, start keeping records now.
