Employment law: Unfair discrimination law in the UK

As an employee what you need to know about unfair discrimination

Understanding Unfair Discrimination Law in the UK

Unfair discrimination occurs when someone is treated less favourably than others for reasons that are not justified — especially because of who they are. In the UK, discrimination law aims to protect people in daily life and at work, ensuring fairness, dignity and equal treatment for all. (GOV.UK)

What Counts as Discrimination?

Under the Equality Act 2010, it is unlawful to discriminate against someone because of one or more protected characteristics. These include:

• age

• disability

• gender reassignment

• marriage and civil partnership

• pregnancy and maternity

• race

• religion or belief

• sex

• sexual orientation (GOV.UK)

Discrimination can take several forms:

• Direct discrimination — treating someone less favourably because of a protected characteristic.

• Indirect discrimination — applying a rule or policy that applies to everyone but disadvantages people with a protected characteristic.

• Harassment — unwanted behaviour linked to a protected characteristic that violates a person’s dignity or creates a hostile environment.

• Victimisation — treating someone unfairly because they’ve complained about discrimination or helped someone else. (GOV.UK)

Where Discrimination is Unlawful

UK discrimination law applies in many areas, including:

• Workplaces — illegal discrimination in hiring, pay, promotion, training, redundancy and dismissal. Employers must also make reasonable adjustments for disabled employees. (GOV.UK)

• Goods and services — providers must not treat customers unfairly when offering services or products.

• Education and public services — educational institutions and public bodies are bound by anti‑discrimination law.

Examples and Case Law

Recent discrimination cases show how seriously the law is taken. For example, an employment tribunal awarded £67,000 to a manager after ruling that her employer unfairly dismissed her and discriminated against her while she was on maternity leave. (The Times)

Historical UK cases, like Azmi v Kirklees Metropolitan Borough Council, addressed racial discrimination and victimisation in the workplace, reinforcing legal interpretations of indirect discrimination. (Wikipedia)

Protected Acts and Victimisation

Unfair treatment can also occur when someone is penalised for asserting their rights. The law protects individuals who:

• make a discrimination complaint

• participate in investigations

• support others in raising claimsEven if the complaint turns out not to be discrimination, a person acting in good faith can still be protected from retaliation. (Citizens Advice)

What You Can Do If You Face Discrimination

If you believe you’ve experienced unfair discrimination:

1. Keep records: Document incidents, including dates, times and witnesses.

2. Raise concerns internally: Many employers or service providers have procedures for handling complaints.

3. Seek advice: Organisations like Citizens Advice or Acas can explain your rights and options.

4. Consider formal action: In employment settings, people often pursue claims through employment tribunals if internal resolution fails. (Citizens Advice)

Why Unfair Discrimination Law Matters

Unfair discrimination law protects not only individuals from unjust treatment but also encourages organisations to build fairer and more inclusive environments. Clear legal standards help ensure everyone has the opportunity to participate fully in work, education and everyday life — regardless of who they are. (GOV.UK)