Workplace Discrimination Under the Equality Act
How to organise protected characteristics, treatment, evidence, time limits, and Vento injury-to-feelings material for a UK workplace discrimination claim.
Start with the protected characteristic
Equality Act 2010 section 4 lists the protected characteristics. A workable draft should say which characteristic is relied on and connect it to the treatment complained about. A timeline without that connection can be hard to understand.
Some claims involve more than one characteristic or more than one type of conduct. Separate them early. For example, direct race discrimination, sexual harassment, and victimisation after a grievance should not be merged into one vague paragraph.
Common claim types to separate
- Direct discrimination: less favourable treatment because of a protected characteristic.
- Indirect discrimination: a provision, criterion, or practice that disadvantages a protected group and the claimant.
- Harassment: unwanted conduct related to a protected characteristic, or unwanted sexual conduct, with the required purpose or effect.
- Victimisation: a detriment because of a protected act, such as raising a discrimination complaint.
- Reasonable adjustments: disability-related duties involving knowledge, disadvantage, and steps that could have reduced the disadvantage.
Evidence checklist
- Dates, people involved, words used, decisions made, and witnesses.
- Comparator facts, if direct discrimination is alleged.
- Policy, rule, rota, target, or practice if indirect discrimination is alleged.
- Medical evidence, occupational health notes, or adjustment requests for disability issues.
- Grievances, HR replies, appeal documents, and messages after protected acts.
- Evidence of emotional impact, treatment, absence, or other injury-to-feelings material.
Vento and remedy evidence
Vento bands guide injury-to-feelings awards. For claims presented on or after 6 April 2026, the Presidential Guidance states lower, middle, and upper bands for less serious, more serious, and most serious cases. The band is not selected by a label alone; evidence of impact, duration, and seriousness matters.
A schedule of loss for discrimination may also include financial loss, pension loss, interest, personal injury evidence where relevant, and other remedies. Keep injury-to-feelings evidence separate from wage loss calculations so each head of loss can be reviewed.
How to structure ET1 particulars
- Identify the protected characteristic or characteristics.
- Identify each act complained about and the date or period.
- Link each act to a claim type, such as direct discrimination or harassment.
- Explain who did what, who knew what, and how the employer was involved.
- Explain impact and remedy without overstating certainty.
How TribunalKit supports this draft
TribunalKit's discrimination intake separates claim type, protected characteristic, act, evidence, and remedy. It can produce source-linked paragraphs and review flags, but it does not decide whether the Equality Act 2010 claim should be brought.
Related product: TribunalKit discrimination builder.
FAQ
Which characteristics are protected?+
Equality Act 2010 section 4 lists protected characteristics including age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
Is there a two-year qualifying period?+
No. Equality Act workplace discrimination claims do not use the ordinary unfair dismissal qualifying period, but strict tribunal time limits still apply.
What are Vento bands?+
Vento bands are guideline ranges for injury-to-feelings awards. The 2026 Presidential Guidance bands apply to claims presented on or after 6 April 2026.
Can TribunalKit tell me which discrimination claim to bring?+
No. TribunalKit can help structure facts for direct discrimination, indirect discrimination, harassment, victimisation, and reasonable-adjustment issues, but it does not choose claims or advise on merits.