Have you ever been treated unfairly because of your age, race, gender, disability or beliefs? You may have experienced discrimination, but how do you know when that treatment is actually against the law?
Discrimination can happen at work, in education, when renting a property or while accessing everyday services.
In England and Wales, the Equality Act 2010 protects individuals from certain forms of discrimination. Understanding what the law covers can help you recognise when your rights may have been breached.
What Is Illegal Discrimination?
Illegal discrimination, also known as unlawful discrimination, occurs when someone is treated in a way prohibited by equality law because of a protected characteristic or another legally protected circumstance.
The Equality Act 2010 identifies nine protected characteristics:
- Age – Being treated unfairly because of your age.
- Disability – Experiencing discrimination connected to a qualifying physical or mental impairment.
- Gender reassignment – Being discriminated against because you are proposing to undergo, are undergoing or have undergone gender reassignment.
- Marriage and civil partnership – Protection against certain forms of discrimination, primarily in employment.
- Pregnancy and maternity – Being treated unfavourably because of pregnancy or maternity.
- Race – Discrimination based on colour, nationality or ethnic or national origins.
- Religion or belief – Unfair treatment connected to religion, qualifying philosophical beliefs or the absence of belief.
- Sex – Discrimination because a person is male or female.
- Sexual orientation – Discrimination because of sexual orientation.
However, not all unfair treatment is illegal discrimination. The circumstances must fall within the protections provided by law.
What Are the Different Types of Discrimination?
Discrimination is not always obvious. The Equality Act recognises several forms of prohibited conduct.
Direct Discrimination
When someone is treated less favourably because of a protected characteristic.
Example: An employer refuses to promote an employee because of their race.
Indirect Discrimination
When a rule or policy applies to everyone but places people with a particular protected characteristic at a disadvantage, without sufficient legal justification.
Example: A workplace introduces a requirement that unnecessarily disadvantages employees who observe particular religious practices.
Harassment
Unwanted conduct related to certain protected characteristics, or sexual harassment, that violates someone’s dignity or creates an intimidating, hostile or offensive environment.
Example: An employee repeatedly experiences racist comments or offensive jokes at work.
Victimisation
When someone suffers a detriment because they have made or supported a discrimination complaint or undertaken another protected act.
Example: An employee is denied training opportunities because they reported discrimination.
Disability Discrimination
Disability discrimination can also involve failing to make reasonable adjustments.
Example: An employer refuses to consider reasonable changes to working arrangements for an employee with a disability.
Where Can Illegal Discrimination Happen?
Discrimination is not limited to the workplace.
The Equality Act provides protections in several areas, including:
- Employment: Recruitment, pay, promotions, workplace treatment and dismissal.
- Education: Schools, colleges and universities.
- Housing: Renting, selling and managing property.
- Goods and services: Shops, restaurants, banks and other businesses.
- Public services: Healthcare and services provided by public authorities.
The precise protections and exceptions vary depending on the circumstances.
What Should You Do If You Experience Discrimination?
If you believe you have been discriminated against, consider taking these steps:
1. Keep evidence. Save relevant emails, messages and documents. Record what happened, when and who was involved.
2. Raise your concerns. Depending on the situation, you may be able to submit a complaint or grievance.
3. Understand your rights. Identify which legal protections may apply and what options are available.
4. Act promptly. Legal claims have strict deadlines. Many employment discrimination claims must usually be started within three months less one day, subject to applicable rules and extensions. Other discrimination claims may have different deadlines.
Seeking legal advice early can help you avoid missing important time limits.
How Can Nakdlaw Help You Understand Your Rights?
Legal terminology can be confusing, especially when you’re dealing with a difficult or upsetting situation.
You may be wondering:
Was I discriminated against?
Does the Equality Act protect me?
What should I do next?
At Nakdlaw, we’re using artificial intelligence to make legal information easier to access and understand.
Our AI-powered legal platform helps you explore legal questions, understand relevant legal concepts and become better informed about your rights.
While AI can provide useful legal information, it does not replace advice from a qualified legal professional, particularly where complex circumstances or strict deadlines are involved.
Think You’ve Experienced Discrimination?
You deserve to understand your rights.
Whether you’re facing unfair treatment at work, in education or elsewhere, understanding the law is an important first step.
Ask Nakdlaw. Explore your legal questions and understand your options with the help of AI.
