VOL. I · Market edition, MMXXVIEngland & Wales · Templates · Reviews · Handoffs
Guide

Discrimination at work (Equality Act 2010)

The protected characteristics, the forms discrimination takes, and the short time limit — how to tell whether what happened to you is unlawful.

By The Counsel editorial deskReviewed against primary legislation and case law for England & WalesLast reviewed 15 June 2026How we source this →
01

The protected characteristics

The Equality Act 2010 protects nine characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Discrimination linked to any of these can be unlawful — and, unlike ordinary unfair dismissal, there is usually no minimum service requirement.

02

The forms it takes

Direct discrimination, indirect discrimination (a neutral rule that disadvantages a group), harassment, and victimisation are all covered, as is a failure to make reasonable adjustments for a disabled employee. The same facts can give rise to more than one claim.

03

Mind the time limit

Discrimination claims generally must reach an employment tribunal within three months less one day of the act complained of, after ACAS early conciliation. The Counsel helps you identify which type of discrimination may apply and structure the evidence — then take advice quickly.

Is what happened to me discrimination?

It may be, if the treatment is connected to a protected characteristic under the Equality Act 2010. The Counsel helps you map the facts to the possible forms of discrimination — but whether to bring a claim is a decision to confirm with a regulated adviser.

How long do I have to bring a discrimination claim?

Usually three months less one day from the act complained of, with ACAS early conciliation extending the clock. Where there is a continuing course of conduct the date can shift, but you should treat the limit as urgent.

Do I need two years' service to claim discrimination?

No. Unlike ordinary unfair dismissal, discrimination protection under the Equality Act 2010 applies from day one and even to job applicants.

The Counsel is an AI tool for England & Wales. It provides legal information, not legal advice, and does not replace a regulated solicitor. For anything high-value or contested, take advice before you act.