Discrimination at work

Start with the right route

Discrimination at work is an umbrella, not one legal test. In Great Britain, the main routes include:

• direct discrimination: less favourable treatment because of a protected characteristic;
• indirect discrimination: a provision, criterion or practice that disadvantages a protected group and the person concerned, unless it can be objectively justified;
• harassment: defined unwanted conduct with the required connection or sexual nature; and
• victimisation: detriment because of an Equality Act protected act.

Use the linked child definition for the full test instead of treating these labels as interchangeable. The Acas discrimination overview explains the wider framework and the legal routes.

Check the decision, criteria and effect

Use clear, job-relevant criteria for recruitment, pay, training, promotion, attendance and performance decisions. Apply them consistently, then check their effect. Pregnancy and maternity have specific protection, and disability may require reasonable adjustments rather than identical treatment.

Keep the evidence behind a decision. Notes should show the criteria used and the facts considered, not personal assumptions such as who might be committed, resilient or likely to take leave. Intent is not always the deciding issue: a neutral-looking rule can still create unlawful disadvantage. If monitoring information is collected, separate it from decision-makers who do not need it.

Take a concern seriously and preserve the facts

Someone may raise discrimination informally, through a grievance or as part of another complaint. Listen without deciding the answer on the spot. Record the concern accurately, protect relevant messages and documents, and decide who can examine it impartially.

Avoid promising complete secrecy because a fair investigation may require limited disclosure. Explain who needs the information and why. Identify the possible route, preserve the facts and give the employee a clear grievance contact. Northern Ireland uses separate legislation and protected grounds, so check the applicable NI framework rather than carrying across Equality Act wording.