What is discrimination in the workplace?

Discrimination in the workplace is both an employment law liability and a people management issue that affects retention, culture, and the ability of a business to attract diverse talent. Many founders understand that discrimination is unlawful without having a clear picture of exactly what the law prohibits, what the protected characteristics are, or how liability can arise without deliberate discriminatory intent.

The Equality Act 2010 prohibits discrimination in the workplace on the basis of nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Discrimination may be direct — treating someone less favourably because of a protected characteristic — or indirect, where a policy or practice disproportionately disadvantages people with a protected characteristic without objective justification. Harassment and victimisation are also unlawful under the Act.

Employers can be held liable for discrimination carried out by their employees in the course of employment, even if unaware of it — unless they can show they took all reasonable steps to prevent it. Having clear equality policies, training staff, and investigating complaints promptly contribute to that defence. Our guide covers the protected characteristics, types of claim, and practical steps to reduce risk.