UK discrimination law is set out in the Equality Act 2010, which consolidates and replaces previous anti-discrimination legislation. It protects employees from treatment that amounts to direct discrimination, indirect discrimination, harassment, or victimisation based on any of nine protected characteristics. Employers are liable for discrimination committed by their employees in the course of employment unless the employer can show it took all reasonable steps to prevent it — the “statutory defence.”

This guide covers the nine protected characteristics, the four forms of discrimination, the employer’s duty to make reasonable adjustments, and the practical steps that reduce tribunal risk.

Key takeaways

  • The Equality Act 2010 consolidates UK anti-discrimination law across employment, services, education, and public functions.
  • There are nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
  • The four main forms of discrimination are direct discrimination, indirect discrimination, harassment, and victimisation.
  • Employers have a proactive duty to make reasonable adjustments for disabled employees.
  • Employers are vicariously liable for discrimination by employees in the course of employment, with a defence of having taken “all reasonable steps.”

The nine protected characteristics

Under Part 2 of the Equality Act 2010:

Protected characteristic What it covers
Age Treatment because of someone’s age
Disability A physical or mental impairment with a substantial and long-term adverse effect on ability to carry out normal day-to-day activities
Gender reassignment A person proposing to undergo, undergoing, or who has undergone gender reassignment
Marriage and civil partnership Being married or in a civil partnership (protects against discrimination in employment only)
Pregnancy and maternity Treatment because of pregnancy or maternity leave
Race Colour, nationality, ethnic or national origins
Religion or belief Any religion, no religion, and any philosophical belief
Sex Being male or female
Sexual orientation Homosexual, heterosexual, or bisexual

Direct discrimination

Direct discrimination is treating someone less favourably because of a protected characteristic — s.13 Equality Act 2010.

Direct discrimination is intentional — the employer treated the employee differently because of the characteristic. No comparator is technically needed, but tribunals typically ask: “Would the claimant have been treated differently if they did not have the protected characteristic?”

Example: Not promoting a woman because she is pregnant is direct pregnancy and maternity discrimination. No reasonable justification defence is available.

Exception: Direct age discrimination can be justified if the employer can show the treatment is a proportionate means of achieving a legitimate aim — s.13(2).

Indirect discrimination

Indirect discrimination is applying a provision, criterion, or practice (PCP) that is the same for everyone but particularly disadvantages people sharing a protected characteristic — s.19 Equality Act 2010.

Example: A requirement that all employees work full-time hours may disproportionately disadvantage women (who are more likely to have childcare responsibilities) and therefore amount to indirect sex discrimination — unless the employer can justify it as a proportionate means of achieving a legitimate aim.

Indirect discrimination can be justified if the employer shows the PCP is a proportionate means of achieving a legitimate aim. The justification must be a genuine, real, and objective business need.

Harassment

Harassment is unwanted conduct related to a protected characteristic that has the purpose or effect of violating someone’s dignity or creating a hostile, degrading, humiliating, or offensive environment — s.26 Equality Act 2010.

Key points:

  • The test is objective — it does not matter whether the employer intended the conduct to have that effect.
  • A single incident can amount to harassment.
  • The employer is vicariously liable for harassment by its employees unless it can show it took all reasonable steps to prevent it.

Sexual harassment — unwanted conduct of a sexual nature — has specific protections and has been the subject of increasing legislative attention.

Victimisation

Victimisation is subjecting someone to a detriment because they have done (or may do) a “protected act” — s.27 Equality Act 2010.

A protected act includes:

  • Bringing a discrimination claim
  • Giving evidence in a discrimination claim
  • Making an allegation of discrimination (whether or not the allegation is correct)
  • Doing anything else in connection with the Equality Act

Example: Demoting an employee after they raised a grievance alleging age discrimination is victimisation.

Reasonable adjustments for disability

The duty to make reasonable adjustments is a proactive, positive obligation — s.20–22 Equality Act 2010. It arises where a provision, criterion, or practice of the employer, or a physical feature of the workplace, puts a disabled person at a substantial disadvantage compared to non-disabled persons.

The employer must take such steps as it is reasonable to take to avoid the disadvantage. These might include:

  • Providing auxiliary aids (screen readers, modified keyboards)
  • Adjusting working hours or allowing flexible working
  • Modifying physical premises
  • Reallocating duties

Failure to make reasonable adjustments is itself a form of discrimination — the employer does not need to have intended to discriminate.

Employer vicarious liability

Under s.109 Equality Act 2010, anything done by an employee in the course of employment is treated as done by the employer — whether or not it was done with the employer’s knowledge or approval.

The employer’s defence is in s.109(4): the employer must show it took all reasonable steps to prevent the employee from doing the discriminatory act. This defence is notoriously difficult to establish — having a policy is not enough; the employer must show the policy was communicated, enforced, and that training was provided.

Common pitfalls

1. Assuming good intentions are a defence

Direct discrimination and victimisation have no justification defence. Even if the employer had good intentions, treating someone less favourably because of a protected characteristic is unlawful.

2. Ignoring indirect discrimination

A policy that is facially neutral but disproportionately affects a particular group can be indirect discrimination. The employer must assess the impact of its policies on protected groups.

3. Failing to make reasonable adjustments

The duty is proactive — the employer must anticipate the need for adjustments and act before the disabled employee is put at a substantial disadvantage. Waiting for the employee to ask is not enough.

4. Relying on the “all reasonable steps” defence without training

The tribunal expects to see evidence of regular equality training, a clear and enforced policy, and a culture that takes discrimination seriously. A policy in a drawer is not enough.

Putting it into practice

Five steps to reduce discrimination risk:

  1. Publish a clear equality policy that names the nine protected characteristics and explains how to raise concerns.
  2. Train all managers on direct, indirect, and harassment discrimination — with real scenarios, not just a legal summary.
  3. Conduct equality impact assessments on new policies — particularly those affecting working hours, location, or promotion criteria.
  4. Document reasonable adjustments — keep a record of what adjustments were considered, what was implemented, and the outcome.
  5. Monitor outcomes by protected characteristic — gender pay gap data, grievance patterns, and promotion rates reveal whether the policy is working in practice.
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Sources

This article is general information, not legal advice. Discrimination law is complex and highly fact-specific — seek legal advice on specific situations.