Discrimination

Under the Equality Act 2010, all employees, workers, job applicants, and contractors are legally protected from discrimination based on certain personal characteristics — known as protected characteristics. For employers, this means ensuring your policies, procedures, and culture actively prevent discrimination from recruitment through to termination.

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At Franklins Solicitors, we work with businesses to implement legally compliant, inclusive practices, and to provide robust legal defence if a discrimination claim arises.

What Is Discrimination in the Workplace?

Discrimination occurs when someone is treated less favourably or unfairly disadvantaged due to a protected characteristic. Claims can arise regardless of how long the individual has been employed, and in some cases, even before employment starts.

The Nine Protected Characteristics

Under the Equality Act 2010, it is unlawful to discriminate against someone based on:

  1. Age
  2. Disability
  3. Gender reassignment
  4. Marriage and civil partnership
  5. Pregnancy and maternity
  6. Race (including colour, nationality, ethnic or national origin)
  7. Religion or belief
  8. Sex
  9. Sexual orientation

Discrimination can occur in a wide range of workplace situations, from job adverts, promotions, and performance management, to redundancy selection, pay decisions, and dismissals.

Types of Workplace Discrimination

Employers must understand that discrimination can take many forms:

  • Direct Discrimination – Treating someone less favourably because of a protected characteristic.
  • Indirect Discrimination – Applying a policy or practice that disadvantages people with a protected characteristic, unless it can be objectively justified.
  • Harassment – Unwanted conduct related to a protected characteristic that violates someone’s dignity or creates an intimidating, hostile, or offensive environment.
  • Victimisation – Treating someone unfairly because they have made or supported a complaint about discrimination.
  • Discrimination Arising from Disability – Unfavourable treatment linked to someone’s disability, such as penalising an employee for absence related to their condition.

Claims Can Arise at Any Stage. Even Before Employment Begins

Discrimination claims are not limited to current employees. You may be at risk of legal action if:

  • Job adverts are worded in a discriminatory way
  • Interview questions or decisions breach the Equality Act
  • Reasonable adjustments are not considered for disabled applicants
  • An offer is withdrawn due to pregnancy, health, or other protected reasons

This is why it’s vital to have equality policies and recruitment processes that are legally sound.

Defending Discrimination Claims

Discrimination claims can be costly, time-consuming, and reputationally damaging, particularly if the claim involves harassment, victimisation, or senior personnel. At Franklins Solicitors, we:

  • Assess the claim’s merits and potential liabilities
  • Advise on internal investigations and appropriate next steps
  • Represent employers during Acas Early Conciliation and Employment Tribunal proceedings
  • Help negotiate confidential settlements where appropriate
  • Defend claims involving multiple allegations or claimants
  • Advise on PR and reputational risk where applicable

We’re committed to providing commercially practical advice that protects your business while promoting fairness.

Preventing Discrimination in Your Workplace

Prevention is always better than cure. We help employers create a culture of equality through:

  • Discrimination and harassment policies
  • Diversity and inclusion training for staff and managers
  • Reasonable adjustment guidance for disabled employees
  • Anti-bullying and respectful workplace initiatives
  • Equality audits of pay, promotion, and recruitment practices
  • HR support for grievance and disciplinary matters

Creating a fair and inclusive environment not only protects against legal risk — it also supports employee morale and retention.

Why Choose Franklins Solicitors?

  • Specialists in employer defence for discrimination claims
  • Proactive guidance to reduce the risk of litigation
  • Trusted advisers on workplace culture, HR policies, and compliance
  • Experienced tribunal representation and dispute resolution
  • Clear, commercially focused advice tailored to your business

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Frequently Asked Questions about Employment Law

What is discrimination under employment law?

There are various types of discrimination and other unlawful conduct set out in the Equality Act 2010 that apply to most (and in some cases all) of the protected characteristics.

What is positive action in terms of employment law?

Positive action refers to measures taken by employers to counteract disadvantages faced by, or to meet the specific needs of, employees sharing certain protected characteristics.

Which groups are protected under the discrimination law?

The law protects people from discrimination based on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Can you provide examples of discrimination in recruitment, promotion, and training?

Examples include not shortlisting a qualified candidate because of their age, denying promotion due to pregnancy, or withholding training opportunities from an employee because of their disability.

What are protected characteristics under UK law?

Protected characteristics include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

What are the grounds for discrimination cases?

Grounds for discrimination cases could be direct discrimination, indirect discrimination, harassment, victimisation, and failure to make reasonable adjustments for disabled people.

Contact the Franklins Employment Law team

If you have any questions about employment law, please don’t hesitate to contact our team of experts who are on hand and ready to help you.