Dealing with discrimination in the workplace

Understanding how discrimination occurs is essential, not just for employers who have a legal obligation to foster equality in the workplace, but for workers aiming to uphold their rights.

Discrimination is mainly governed by the Equality Act 2010 and it applies to all stages of employment: from recruitment and working conditions to promotion, dismissal and even after employment has ended.

Discrimination under the Equality Act 2010

Under the act, discrimination occurs when a person is treated “less favourably” than others because of a “protected characteristic”. Less favourable treatment can be any action that places an individual with a protected characteristic at a disadvantage when compared to someone without that characteristic. Such treatment can be direct or indirect, and importantly, it does not have to be intentional to be unlawful.

Compensation for a successful discrimination or harassment claim in the employment tribunal is uncapped. Beyond financial liability, however, discrimination damages trust, morale and an organisation’s reputation.

The act protects individuals from discrimination on the grounds of nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

Everyday examples

Recruitment and hiring discrimination

The recruitment process is one of the most common areas where discrimination can occur, often unintentionally. Job adverts, interview questions or short-listing criteria that rely on assumptions rather than objective requirements can exclude certain candidates unfairly.

Advertising for “recent graduates” indirectly disadvantages older applicants. Similarly, rejecting a candidate because their foreign qualifications are “unfamiliar” may constitute race discrimination if no effort is made to verify equivalence.

Employers should be actively looking at ways in which discriminatory treatment might factor into recruitment processes and how it can be avoided. Reviewing person specifications and job advertisements to ensure that non-discriminatory language is used will always be a good starting point. Anonymised applications and CVs is an increasingly common way to avoid unconscious bias at application stage. Interviewing managers should also have been given training on questioning and topics to avoid.

Promotion and career progression bias

Decisions around promotion and development opportunities can also be influenced by bias, also often unintentionally.

Managers may unconsciously overlook certain employees based on assumptions about their commitment or capability; for example, a woman returning from maternity leave told to “focus on family first” would constitute direct discrimination on grounds of sex and maternity.

Employers need promotion processes that are transparent, evidence based, and inclusive, with decisions recorded and objectively justified. Employers should aim to have a promotion policy and clear guidelines for decision makers on how to approach a promotion. Employers should focus on objective targets. It is also worth ensuring that any criteria that might particularly disadvantage a group who share a protected characteristic are either changed or specifically excluded from consideration; for example, periods of sickness for disabled employees should not be a factor in whether they achieve a promotion.

Workplace rules and policies

Policies can have discriminatory effects, and this is often where indirect discrimination arises, when a seemingly neutral policy puts certain groups at a disadvantage.

A rule requiring all employees to work late evenings may disadvantage parents or those with religious observances.

Employers should regularly review policies and be prepared to justify requirements as a proportionate means of achieving a legitimate aim in the event that it is felt that a discriminatory requirement is essential within the workplace.

Harassment and workplace culture

A toxic workplace culture often develops gradually through banter, exclusion or offhand comments. Harassment can occur even without the intent to offend; what matters is the effect it has on the recipient.

A difference exists between banter and harassment. Colleagues repeatedly mocking an employee’s accent or making jokes about their religion intended as humour can cross the line.

Building a respectful culture where inappropriate behaviour is addressed promptly is the most effective prevention strategy. Employers should be ensuring that employees feel confident reporting inappropriate behaviour and trust management to address such behaviours if reported. A clear and robust grievance policy is critical to achieving this.

Redundancy and performance management discrimination

Discrimination can also arise in redundancy selection or performance management processes – particularly where subjective criteria are used. This might include selecting an older employee for redundancy “close to retirement”, or penalising a disabled employee for lower attendance without adjusting for their condition.

Employers should ensure that redundancy criteria are clear, measurable and consistently applied, and that any impact on protected groups is assessed in advance. As with recruitment, objective scoring should be used in redundancy exercises and at least two people should score each person at risk of redundancy, to combat favouritism and unconscious bias. Employees are entitled to see the criteria they are being assessed against.

Employer responsibilities

Employers carry a statutory duty to prevent discrimination and promote equality in the workplace. They are vicariously liable for discriminatory acts committed by their employees in the course of employment, unless they can demonstrate that they took “all reasonable steps” to prevent such conduct.

Employers wanting to avoid being vicariously liable should conduct equality impact assessments when introducing new policies, assessing the impact on particular groups; keep records of recruitment, promotion and pay decisions; and foster a workplace culture where inappropriate behaviour is challenged. For employees with disabilities, employers must make reasonable adjustments, such as offering flexible working, assistive technology or modified duties.

Legal defence for employers

Objective justification is a legal defence employers can rely on when a policy, practice or requirement indirectly discriminates against workers with a protected characteristic.

But to be able to prove objective justification, the employer must show that such policy or requirement has a legitimate aim. It must be real, lawful and not discriminatory in itself.

Legitimate aims can include ensuring health and safety, achieving business or customer service needs or maintaining operational efficiency.

Any policy or requirement must be a proportionate means of achieving that aim and a less discriminatory alternative must not be available.

Employee rights and remedies for workplace discrimination

Employees who experience discrimination at work are protected by the act; however, they may first use their employer’s internal grievance process.

Before filing any legal claim, employees must contact Acas for early conciliation. Likewise, employers should take advice on their prospects of defending any claim.

It is worth noting that employees have a separate right of action if they face retaliatory treatment for raising or supporting a discrimination complaint, and this applies to a colleague of an employee who supports their grievance.

Conclusion

Discrimination in the workplace remains a pressing challenge for employers and employees alike.

Preventing discrimination in practice often depends on awareness, attitude and culture rather than legislation alone.

Employers should aim to create an environment where people feel respected, supported and confident to speak up.

Equally, employees need to be aware of their rights.

• This article appeared in Vet Times (18 August 2026), Volume 56, Issue 33, Pages 20-21