Everyone should be able to work without experiencing unlawful discrimination or harassment. Unfortunately, problems can arise at any stage of employment, from recruitment and promotion through to performance management, redundancy or dismissal.
If you believe you are being treated unfairly at work, understanding the difference between workplace discrimination, harassment and victimisation can help you identify whether your legal rights may have been breached and decide what to do next.
What is workplace discrimination?
The Equality Act 2010 protects employees and workers from discrimination connected with certain protected characteristics.
These are:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
Discrimination can happen through decisions made by an employer or through the behaviour of managers, colleagues and others in the workplace.
What is direct discrimination?
Direct discrimination generally occurs when someone is treated less favourably because of a protected characteristic.
For example, an employee could potentially experience direct discrimination if they are overlooked for promotion because of their age or treated less favourably because of their race or religion.
Protection can sometimes also extend to situations where someone is discriminated against because they are associated with a person who has a protected characteristic, or because someone incorrectly believes that they have one.
What is indirect discrimination?
Indirect discrimination can be less obvious.
It can arise where an employer applies the same policy, rule or working practice to everyone, but it puts people sharing a particular protected characteristic at a disadvantage and cannot be objectively justified.
This could potentially involve requirements relating to working hours, dress codes, workplace attendance, recruitment or redundancy selection.
An employer may sometimes be able to justify a policy that has a discriminatory effect if it is a proportionate way of achieving a legitimate aim.
What counts as harassment at work?
Under the Equality Act 2010, harassment can include unwanted behaviour related to certain protected characteristics that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Harassment could involve:
- Offensive comments or jokes
- Insults or derogatory language
- Inappropriate messages or images
- Unwanted physical behaviour
- Repeated comments about someone’s personal characteristics
- Excluding or humiliating someone because of a protected characteristic
It does not necessarily need to be repeated behaviour. Depending on the circumstances, a single incident can potentially amount to harassment.
What is sexual harassment?
Sexual harassment is unwanted conduct of a sexual nature that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
It can include inappropriate comments, sexual jokes, messages, unwanted touching or other sexual behaviour.
Employers are currently required to take reasonable steps to prevent sexual harassment of their workers. From 30 October 2026, this duty will strengthen so that employers must take all reasonable steps to prevent sexual harassment.
What is victimisation?
Victimisation is different from harassment.
It can happen where someone is treated negatively because they have done something connected with discrimination law, such as:
- Making a discrimination or harassment complaint
- Supporting someone else’s complaint
- Giving evidence relating to discrimination
- Raising concerns about unlawful treatment
Employees should not be penalised simply because they have raised or supported a genuine discrimination complaint.
What should you do if you experience discrimination or harassment?
Where you feel able to do so, it can be helpful to keep a clear record of what has happened.
This could include:
- Dates and times of incidents
- What was said or done
- Who was involved
- Any witnesses
- Relevant emails, messages or documents
- Details of concerns you have already raised
Depending on the seriousness of the issue, you may decide to raise the matter informally with your manager or HR team.
If the problem is serious or has not been resolved, you may want to raise a formal grievance. Your employer should investigate the concerns and follow a fair grievance procedure.
What if your employer does not resolve the problem?
If the behaviour continues or you believe your employer has failed to deal with your concerns appropriately, it may be sensible to seek employment law advice.
Depending on the circumstances, you may have options including pursuing an internal appeal, negotiating a resolution or making an Employment Tribunal claim for discrimination or harassment.
You do not necessarily have to leave your job before bringing a discrimination claim.
How long do you have to make a discrimination claim?
Employment Tribunal claims are subject to strict time limits.
Previously, most discrimination claims generally needed to be started within three months minus one day from the relevant act of discrimination. From 1 October 2026, the time limit for most claims will increase to six months minus one day .The new time limit applies only where the act, or the last act in a connected series, happens after 1 October. Where the relevant problem occurred before that date, the three month time limit will generally continue to apply.
Before making most Employment Tribunal claims, you must also notify Acas and usually go through Early Conciliation.
Importantly, raising an internal grievance does not itself stop the Tribunal time limit from running. It is therefore important to seek advice promptly if you think you may have a legal claim.
When should you seek legal advice?
Workplace discrimination and harassment can sometimes be difficult to identify, particularly where unfair treatment develops gradually or is explained as part of a wider management decision.
Getting advice early can help you understand whether the behaviour may amount to unlawful discrimination, how best to raise your concerns and what evidence could be important.
DTM Legal’s Employment & HR team advises employees and senior executives on workplace discrimination, harassment, grievances, victimisation and Employment Tribunal claims.
If you believe you have experienced discrimination or harassment at work, contact DTM Legal’s Employment & HR team to discuss your circumstances, your employment rights and the options available to you.