Discrimination In The Workplace

Discrimination in the workplace can be stressful and damaging. At Clodes Solicitors, we provide practical advice and support for employees who believe they have been treated unfairly because of a protected characteristic.

Direct discrimination happens when a worker is treated less favourably because of a protected characteristic.

The Equality Act 2010 protects employees from discrimination based on:

• • Age

  • Disability

  • Gender reassignment

  • Marriage or civil partnership

  • Pregnancy and maternity

  • Race

  • Religion or belief

  • Sex

  • Sexual orientation

Direct discrimination is often considered by comparing your treatment to a “comparator” — someone in a similar situation without your protected characteristic.

• The key question is whether your protected characteristic influenced the outcome.

• It does not need to be the only reason for your employer’s actions.

Examples:

• Aylott v Stockton-on-Tees BC [2010] — gender discrimination.

• Owen Briggs v James [1982] — protected characteristic as an important factor.

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Generally, no. Once an employer treats a worker less favourably because of a protected characteristic, they cannot provide a legal justification for their actions. The law is clear that direct discrimination is not excusable, except in a small number of direct age discrimination cases, where an employer may rely on an objective justification if the treatment is proportionate and necessary for a legitimate aim.

In all other cases , including discrimination based on sex, race, disability, religion, sexual orientation, gender reassignment, pregnancy, or marriage/civil partnership, there is no defence. If discrimination is proven, the employer is liable for the consequences, and any treatment influenced by a protected characteristic cannot be legally justified.

Unlike unfair dismissal claims, there is no statutory upper limit on compensation for discrimination under the Equality Act 2010. Awards are intended to fully compensate employees for losses caused by discrimination.

Tribunals may award compensation for:

• Loss of earnings — past and future wages, bonuses, or other financial losses caused by the discriminatory treatment

• Loss of opportunities — for example, promotion, training, or career progression that was denied because of discrimination

• Injury to feelings — emotional impact and distress caused by the discriminatory behaviour (assessed using the Vento bands)

Important note: In very rare cases, a tribunal may reduce compensation if it is clear that the employee would have suffered the same outcome even without the discrimination. For example, in a redundancy situation, if the employee would still have been selected fairly, the financial loss may be partially reduced. However, such reductions are unusual and do not apply in most discrimination claims.

Tribunals aim to ensure that compensation fully makes good the loss and damage caused by discrimination, so employees can be restored as far as possible to the position they would have been in without the unlawful treatment.

If you believe you have experienced discrimination at work, contact Clodes Solicitors today. We can explain your rights and help you take the next steps.