Equality Act 2010
Discrimination claims under the Equality Act 2010
Two things most people do not know: there is no cap on what a discrimination claim can be worth, and you do not need any minimum length of service to bring one.
Nobody writes it down
Discrimination is rarely announced. There is no email saying the promotion went elsewhere because of your accent, or that the redundancy pool was drawn around the person who asked for adjustments.
What there is instead is a pattern. The reorganisation that happened three weeks after you disclosed a diagnosis. The performance process that started when you came back from maternity leave. The client-facing role you were quietly moved out of. The comment somebody made that everyone agreed was a joke.
The law understands this. In a discrimination claim you do not have to prove what was in somebody’s mind. If you can show facts from which a tribunal could properly conclude that discrimination occurred, the burden shifts — and it becomes your employer’s job to prove the reason was not discriminatory.
That shift is the most important feature of this area of law, and it is why cases that feel unprovable are frequently won.
What we act on
The protected characteristics
The Equality Act protects nine: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. We most often act on:
01
Race discrimination
Including nationality, colour and ethnic origin. Frequently in recruitment, promotion and the allocation of work.
02
Disability discrimination
Including the duty to make reasonable adjustments, which is a positive obligation rather than a prohibition. Long-term physical and mental health conditions — including conditions your employer has decided are not disabilities.
03
Sex discrimination, pregnancy and maternity
Including the treatment that begins on the announcement and completes on the return.
04
Religion or belief
Including philosophical beliefs, which are protected where they meet the legal test.
05
Age discrimination
Which runs in both directions, and is the characteristic employers most often think is not serious.
06
Harassment and victimisation
Unwanted conduct related to a protected characteristic — and the treatment that follows when you complain about it.
Beyond the workplace
Discrimination is not only about work
Most discrimination advice assumes an employment relationship. The Act is wider than that. It also covers the provision of goods and services, the exercise of public functions, education, and the disposal and management of premises.
If you have been refused a service, treated differently by a public body, or your child has been excluded in circumstances connected to a disability, that is Equality Act territory too — and the time limits are different from employment claims.
Compensation
What a claim is worth
Unlike unfair dismissal, discrimination compensation is not capped. It has three parts.
Financial loss
Lost earnings, pension and benefits, for as long as the tribunal accepts the effect continues. In career-ending cases this is the largest element and can run for years.
Injury to feelings
Awarded separately, under bands set by the Court of Appeal in Vento and updated annually. The current bands are below.
Aggravated damages, personal injury and interest
Where the manner of the treatment, or its psychiatric consequences, justify it.
Vento bands — claims presented on or after 6 April 2026
Band
Range
Typically
Lower
£1,300 – £12,600
An isolated or one-off incident
Middle
£12,600 – £37,700
Serious cases not meriting the upper band
Upper
£37,700 – £62,900
A lengthy campaign of harassment or discrimination
Exceptional
Above £62,900
Rare, but available
Deadlines
Time limits
A discrimination claim must currently be brought within three months less one day of the act complained of, and you must notify Acas and complete early conciliation before issuing.
Where discrimination continues over a period, time usually runs from the end of that period rather than the beginning — which is why cases that appear to be out of time often are not. Tribunals also have a discretion to extend where it is just and equitable, though that is never something to rely on.
The Employment Rights Act 2025 extends the limit to six months for most employment claims from 1 October 2026. If you have been told you are out of time, it is worth having that checked.
Fees
What it costs
£400/hr
plus VAT, with a scope and estimate agreed in writing before we start.
Conditional fee arrangements are available in some discrimination claims depending on the merits — ask on the first call.
Questions
Questions people ask us
How do I prove discrimination if nobody said anything?
You usually do not have to prove it outright. If you can show facts from which a tribunal could properly conclude that discrimination took place, the burden shifts to your employer to prove that the reason was not discriminatory. Patterns, timing, inconsistencies in the explanation given, and how comparable people were treated all count. Cases that feel unprovable are won regularly on exactly this basis.
How much is a discrimination claim worth?
There is no cap. Compensation covers financial loss for as long as the effect continues, plus a separate award for injury to feelings currently ranging from £1,300 to £62,900 under the Vento bands, and more in exceptional cases. Aggravated damages, personal injury and interest may be added. A career-ending discrimination claim can be worth considerably more than the unfair dismissal cap.
Do I need two years’ service to bring a discrimination claim?
No. There is no minimum length of service for a discrimination claim, and none for whistleblowing either. The two-year requirement applies to ordinary unfair dismissal only, and even that falls to six months from 1 January 2027. If you have been told you have no claim because you have not been there long enough, get a second opinion.
I complained and things got worse. Is that a separate claim?
Yes — that is victimisation, and it is a claim in its own right. Being treated badly because you complained about discrimination, supported someone else’s complaint, or gave evidence is unlawful whether or not the original complaint succeeds. Victimisation claims are often stronger than the underlying claim, because the connection is easier to demonstrate.
My employer says my condition is not a disability. Are they right?
Possibly not. The legal test is a physical or mental impairment with a substantial and long-term adverse effect on normal day-to-day activities — a lower bar than most employers assume. It covers many mental health conditions, fluctuating conditions, and conditions controlled by medication, because the effect is assessed as if the treatment were not there. Whether you consider yourself disabled is not the test.
How long do I have?
Currently three months less one day from the act complained of, with Acas early conciliation required before issuing. Where discrimination continued over a period, time usually runs from the end of it. Tribunals can extend where it is just and equitable, but that is not something to plan around. If in doubt, call — it takes ten minutes to work out whether you are in time.
Will anyone find out I have contacted you?
No. Everything you tell us is confidential and legally privileged, including the fact that you called. Many people take advice, think about it, and decide to do nothing. That is a perfectly good outcome and their employer never knows.
This page is general information, not legal advice. Time limits are short and the right course depends on your circumstances — take advice on your own position.
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