Work Rights · Time Off & Problems
Discrimination and where to get help
Your protection from discrimination, the free Acas conciliation service, and how employment tribunals work.
Discrimination at work is illegal in the UK and can affect your career, pay, and wellbeing. This guide explains what the law protects, the free support available to you, and how to take action through Acas and employment tribunals.
What is discrimination at work?
Under the Equality Act 2010, it is unlawful for an employer to treat you less favourably because of a protected characteristic. This applies throughout your employment, from job advertisements and interviews through to dismissal and references. Discrimination can take many forms: not being promoted, being dismissed, being paid less, being harassed, or having a request for flexible working refused unfairly. You do not need two years of service to bring a discrimination claim, unlike some other employment disputes.
The nine protected characteristics
The law protects you from discrimination based on nine characteristics. Understanding what they are can help you recognise unfair treatment and know when you have legal rights.
- Age – applies to any age, young or older. For example, being excluded from training or promotion opportunities because of perceived age.
- Disability – a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal daily activities.
- Gender reassignment – undergoing or proposing to undergo a process to reassign your sex.
- Marriage and civil partnership – being married, in a civil partnership, or single.
- Pregnancy and maternity – being pregnant or having recently given birth (protection lasts 26 weeks after birth in non-work contexts).
- Race – including colour, nationality, ethnic or national origin.
- Religion or belief – including any religious or philosophical belief that plays a weighty, essential part in your life.
- Sex – treating you unfairly because you are a man or a woman.
- Sexual orientation – actual or perceived sexual orientation, and discrimination by association with someone of a particular sexual orientation.
You are also protected if you are discriminated against because someone close to you belongs to one of these groups, or if you have made a complaint about discrimination.
Getting free advice: your first steps
If you believe you have been discriminated against, you do not need to handle it alone. Free, confidential advice is available before you take any formal action.
Contact Acas
The Advisory, Conciliation and Arbitration Service (Acas) is an independent, government-funded organisation. Its helpline offers free advice to anyone with an employment problem, and can help you understand your rights and whether discrimination may have occurred. You can call them on 0300 123 1100 Monday to Friday, 8am to 6pm. The call may cost up to 40p per minute from a mobile or 10p from a landline, depending on your phone provider. If you have a contract that includes calls to landlines, it may be free. You can also ask for an interpreter if you are not comfortable speaking English. If you cannot hear or speak on the phone, you can use Relay UK by calling 18001 followed by the Acas number.
Contact the Equality Advisory and Support Service (EASS)
The EASS is a specialist service for discrimination cases under the Equality Act 2010. They do not provide legal advice, but they can explain what the law says, help you resolve your problem informally (for example, by contacting your employer), or refer you to conciliation or mediation. You can reach them on the free helpline 0808 800 0082. They are available through phone, online chat, or an online form. If you are deaf or hard of hearing, you can use the textphone number 0808 800 0084.
Contact Citizens Advice
Citizens Advice has local offices across the UK and provides free, impartial advice on work-related problems including discrimination. You can visit their website at www.adviceguide.org.uk or call your local office. Their national phone service usually operates 9am to 5pm Monday to Friday.
Acas early conciliation: the free pre-tribunal step
Before you can bring a claim to an employment tribunal, you must first notify Acas of your intention to make a claim. This triggers the early conciliation process, which gives you and your employer a chance to resolve the dispute without going to court.
How early conciliation works
Early conciliation is a free, confidential process run by Acas. You contact Acas and notify them of your dispute. Acas will then assign a trained conciliator who will speak to both you and your employer separately by telephone to see if a settlement is possible. Acas is impartial and does not take sides. Nothing you say during early conciliation can be used as evidence in a tribunal hearing later, so you can speak freely. The conciliation process usually runs for up to six weeks, though Acas warns that it can currently take around seven weeks for conciliation to start due to high demand.
Possible outcomes
Early conciliation can end in three ways. First, you and your employer may reach an agreement, which is recorded in a legally binding document called a COT3. This settles your dispute and the case closes. Second, either you or your employer may refuse to participate, in which case Acas issues an Early Conciliation Certificate, allowing you to proceed to a tribunal. Third, Acas may be unable to contact either party, and will issue an Early Conciliation Certificate. In all cases, the tribunal time limit is paused while early conciliation is ongoing, giving you extra time to negotiate or gather evidence.
Strict deadlines: the three-month rule
The law sets tight time limits for bringing a discrimination claim. Knowing these deadlines is crucial because if you miss them, you may lose your right to claim.
For discrimination claims, you must notify Acas within three months less one day of the act of discrimination. The three months runs from the date when the discriminatory decision was made, not necessarily when you were told about it. If the discrimination continues over a period of time (for example, ongoing harassment), the time limit runs from the end of that period. For single or isolated incidents, you must act quickly.
Once you notify Acas, the three-month deadline pauses. You then have additional time for the early conciliation process to take place. If early conciliation does not resolve your case and you receive an Early Conciliation Certificate from Acas, you will be given a new deadline to submit your claim to the tribunal. You must file your tribunal claim form (known as an ET1) by that deadline.
From October 2026, the Employment Rights Act 2025 will extend most employment tribunal claim deadlines to six months. This will apply to discrimination claims as well. However, until that date, the three-month rule applies.
Employment tribunal claims: the formal process
If early conciliation does not succeed and you have obtained an Early Conciliation Certificate from Acas, you can lodge a formal claim with an employment tribunal. A tribunal is a specialist court that hears workplace disputes. You do not need a lawyer, though you can bring one if you wish.
What happens in a tribunal hearing
At a tribunal hearing, an employment judge (and sometimes two lay members) will listen to evidence from you and your employer, then decide whether discrimination occurred. You can bring witnesses to support your account. The tribunal will consider whether your employer treated you less favourably because of a protected characteristic. If you win, the tribunal can award compensation for financial loss and injury to feelings. There is no upper limit on compensation for discrimination claims.
Fees and costs
Employment tribunals are designed to be accessible. You do not have to pay a fee to bring or defend a claim at tribunal. If you cannot afford legal representation, you can seek pro bono (free) legal help from organisations such as Citizens Advice, local law clinics, or trade unions. Some people are also eligible for legal aid, though eligibility is means-tested.
In rare cases, a tribunal may order one party to pay the legal costs of the other side, but this only happens if a claim is found to be frivolous, vexatious, or brought in bad faith. Otherwise, each side bears its own legal costs.
Gathering evidence and building your case
To win a discrimination claim, you need evidence. Keep detailed records of any incidents: dates, what happened, who was present, what was said, and any impact on you. Save emails, messages, and meeting notes. Record if you raised concerns informally with your employer or HR department, and what response you received. If you have witnesses, ask if they will support your account. If discrimination is ongoing, document each incident as it happens.
Protect your evidence by storing it securely and separately from your work email if you no longer work there. If you are still employed, be careful not to breach your employer's IT policies while preserving legitimate records.
Support if you are in a union
If you are a member of a trade union, contact your local representative immediately. Unions often have experienced advisers who can help you understand your rights, represent you during early conciliation, and support you through a tribunal claim. Union representation is a valuable free resource and many unions have access to legal advice.
What to do now
- Write down what happened: dates, places, who was involved, and what was said. Note the protected characteristic you believe was the reason for the treatment.
- Contact Acas on 0300 123 1100 (8am–6pm, Monday to Friday) for a confidential chat about your situation.
- Alternatively, contact the Equality Advisory and Support Service (EASS) on the free helpline 0808 800 0082 if you want specialist discrimination advice.
- If you are in a union, speak to your representative.
- Gather any evidence: emails, messages, notes of meetings, witness contact details.
- If you believe discrimination has occurred, notify Acas in writing to start early conciliation within three months of the act complained of. Do not delay.
- Keep a record of all communication with Acas and your employer.
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