What is workplace discrimination?
03/06/2026
Workplace discrimination remains one of the most common issues raised in employment law disputes. However, not every instance of unfair treatment at work is legally classed as discrimination. Understanding the difference is essential for both employees and employers, particularly when considering whether a claim may be brought under the Equality Act 2010.
At JR Levins, we regularly advise clients on whether their experiences meet the legal threshold for discrimination, and what steps can be taken where they do.
What counts as workplace discrimination?
In the UK, workplace discrimination is governed primarily by the Equality Act 2010. This law protects individuals from being treated unfairly because of specific protected characteristics.
These characteristics include:
- Age
- Disability
- Sex
- Race
- Religion or belief
- Sexual orientation
- Gender reassignment
- Pregnancy and maternity
- Marriage and civil partnership
Discrimination can arise at any stage of employment, including recruitment, dress codes, pay and benefits, promotion, training, disciplinary action, dismissal, and redundancy.
Importantly, discrimination does not always require intentional wrongdoing. It can occur through policies or practices that disadvantage a group of people, even if applied equally on the surface.
Different types of discrimination
UK employment law recognises several forms of discrimination:
Direct discrimination
This occurs where someone is treated less favourably than someone else because of a protected characteristic, for example not being given the opportunity to apply for promotion due to being on maternity leave.
This occurs where someone is treated less favourably than someone else because of a protected characteristic, for example not being given the opportunity to apply for promotion due to being on maternity leave.
Indirect discrimination
This arises where a workplace rule or policy applies to everyone, but places individuals with a protected characteristic at a particular disadvantage, and cannot be justified by the employer. For example, forcing employees to work on weekends, as some religions prohibit working on these days.
This arises where a workplace rule or policy applies to everyone, but places individuals with a protected characteristic at a particular disadvantage, and cannot be justified by the employer. For example, forcing employees to work on weekends, as some religions prohibit working on these days.
Harassment
Harassment can be defined as unwanted conduct that makes someone feel distressed, humiliated, threatened, or fearful of violence. This could include conduct such as physical gestures, verbal abuse, or constantly being the subject of jokes.
The key difference between workplace bullying and unlawful harassment is that harassment is linked to one of the aforementioned characteristics under the Equality Act 2010, whereas bullying is not necessarily connected to a protected characteristic.
More information on disability discrimination can be found on the Gov.uk website, or by clicking this link.
Not all poor treatment at work will meet this legal threshold, and it is important to understand where the line is drawn between discrimination and general workplace issues.
What does not usually count as discrimination?
The following examples may be unlawful in other ways, but do not automatically amount to discrimination under the Equality Act:
General workplace unfairness
For example, favouritism, poor management decisions, or inconsistent treatment that is not linked to a protected characteristic.
For example, favouritism, poor management decisions, or inconsistent treatment that is not linked to a protected characteristic.
Personality conflicts or interpersonal disputes
Disagreements between colleagues, even if serious, will not usually amount to discrimination unless linked to a protected characteristic.
Disagreements between colleagues, even if serious, will not usually amount to discrimination unless linked to a protected characteristic.
Performance-based decisions
Dismissal or disciplinary action for performance or conduct may be lawful if handled fairly and consistently, even when the employee disagrees with the outcome.
Dismissal or disciplinary action for performance or conduct may be lawful if handled fairly and consistently, even when the employee disagrees with the outcome.
Business restructuring decisions
Redundancy situations, where roles are genuinely no longer required, will not be discriminatory unless selection criteria are linked to protected characteristics.
Redundancy situations, where roles are genuinely no longer required, will not be discriminatory unless selection criteria are linked to protected characteristics.
How we can help
Discrimination claims can be complex, particularly where there is disagreement about whether treatment is linked to a protected characteristic.
At JR Levins, our employment law solicitors can advise employees on their legal position, assess potential claims, and assist with Employment Tribunal proceedings where appropriate.
Depending on the circumstances, such as us believing your claim has good prospects, we may be able to offer representation under a no win, no-fee agreement.
For employers, prevention is better than cure. We also provide proactive advice to reduce risk, including reviewing workplace policies, handling grievances, and supporting fair decision-making processes.
Learn how we can help: 
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